Daniel Ehohan Oghoyone V. Patience Adesua Oghoyone (2010)

LawGlobal-Hub Lead Judgment Report

BODE RHODES-VIVOUR, J.C.A.

The respondent commenced divorce proceedings against her husband, the appellant, before the Lagos High Court at Ikeja. Phillips J. Presided. She sought the following:-

(i) A Declaration that the marriage in fact celebrated between her and the appellant at the marriage Registry, Lagos on the 9th of April, 1994 is null and void on the ground that the appellant was, at the time of the aforesaid marriage, lawfully married to another person.

(ii) Orders granting the respondent such financial provision and such property adjustment orders as may be just and in particular:-

(a) A Declaration that the entire property comprised in Plot L, Block 26, Amuwo Odofin Layout, consisting of (a) one six bedroom suite detached house, (b) two twin duplex houses (of three bedroom suites each) and (c) a three bedroom flat boys’ quarters, together with all the furniture and fixtures therein are owned by the respondent absolutely. OR SUCH OTHER DECLARATION as the ownership thereof or interest therein as may be just;

(b) A Declaration that the entire property comprised in Plot 316 Block 8, Amuwo Odofin Residential Estate, together with buildings and appurtenances thereon are owned by the respondent absolutely OR SUCH OTHER ORDER/DECLARATION as to the ownership or interest therein as may be just;

(c) As Order that the aforementioned property and furniture be sold and the net proceeds of the sale be divided between the respondent and the appellant, such that the respondent shall receive two – thirds of the proceeds while the appellant shall receive one – third of the proceeds. OR otherwise as may to the Honourable Court appear just;

(d) In the alternative to (a) (b) and (c) above. An Order that the appellant shall settle the entire property comprised in Plot L Block 26, Amuwo Odofin Layout and consisting of (a) one six bedroom suit detached house, (b) two twin duplex houses of three bedroom suites each and (c) a three bedroom flat boys’ quarters together with all the furniture and fixtures therein on the respondent for life, and that thereafter the aforesaid property shall be sold and two thirds of the proceeds thereof paid into the estate of the respondent while the remaining one third thereof shall be paid to the appellant (or his estate as the case may be);

(e) In the alternative to (a) (b) and (c) above, An Order that the appellant shall settle the entire property comprised in Plot 316, Block 18, Amuwo Odofin Residential Estate, together with buildings and appurtenance as thereon on the respondent for life and that thereafter the aforesaid property shall be sold and two thirds of the proceeds thereon paid into the estate of the respondent while the remaining one third thereof shall be paid to the appellant (or his estate, as the case may be).

The appellant as respondent cross petitioner sought the following:-

(a) A Decree of nullity of the marriage contracted between the appellant and the respondent on 9th April, 1994 on the grounds that the respondent deceived and stampeded the appellant into going through a from of marriage with her whilst the appellants previous marriage with his spouse was still subsisting.

(b) An Order declaring that the appellant is the exclusive owner of:-

(i) Plot L, Block 26, Amuwo Odofin layout, Lagos.

(ii) Plot 316, Block 13, Amuwo Odofin Residential Estate.