Anthony Chinwuba Ani V. Odunayo Boyepe Ani (2002)

LawGlobal-Hub Lead Judgment Report

BULKACHUWA J.C.A. 

The appellant, as the petitioner, had taken out a petition before the High Court of the Federal Capital Territory, Abuja, on the 2/12/99, against the respondent whereby, he petitioned for the following reliefs;

1. That the purported marriage between him and the respondent be declared a nullity on the ground that the marriage is void.
2. That the petitioner be granted custody of the children of the purported marriage.
3. That the respondent be ordered to pay the cost of the suit.

The petitioner also sought and was granted an order ex-parte by the trial court on the 3/12/99, for service out of jurisdiction on the respondent through DHL courier or any other reputable courier company.

Before commencement of trial however, the respondent filed a motion on notice on the 29/2/2000, praying for an order striking out the suit as the same constitute an abuse of court process. The grounds for bringing the application, being that there is a pending case No. ID/19OWD/98 before High Court No.9 Ikeja, Lagos, between the same parties in which the respondent is the petitioner on the same subject-matter i.e the marriage of the parties.

The application was moved on the 21/3/2000 and a ruling delivered on 10/4/2000, whereby the trial court struck out the petition for being an abuse of the court process.

The petitioner being dissatisfied with the order striking out the petition has now appealed to this court on 4 grounds of appeal which are listed below;

GROUNDS OF APPEAL: GROUND 1

The learned trial Judge erred in law, when he held that the appellant’s petition for decree of nullity of marriage pending at Abuja High Court, can conveniently be taken together before Ikeja High Court, where the respondent filed a petition for the dissolution of the same marriage, among other reliefs.

Particulars of Error

a) At the Ikeja High Court, the appellant filed an application challenging the jurisdiction of the court on the ground that the respondent did not comply with the provision of the Sheriff and Civil Process Act in serving the process.

b) The ruling on the appellant application that the petition at Ikeja High Court, be struck out is still being awaited and has not been delivered till date.

c) If the appellant files a cross-petition at Ikeja High Court for nullity of the marriage, he will in law, be deemed to have waived his right as that would amount to taking steps in the proceedings.

GROUND 2:

The learned trial Judge erred in law, when he held that the appellant’s petition for nullity of marriage amounts to duplication of action.