Jacob Ndubuisi Okaome V. Mrs. Comfort Oluchi Okaome & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Lagos State delivered on the 16th day of July, 2010 by Hon. Justice A. O. Williams.

The Appellant in this appeal who was the Petitioner at the trial Court by his petition dated 9th May, 2003 sought for a decree for the dissolution of the marriage solemnized on 14th November, 1992 at the Redeemed Evangelical Mission [TREM], Festac Town, Lagos between him and the 1st Respondent who was the Respondent and Cross-petitioner on the following grounds contained in Paragraph 9 of the petition which states:-

“The facts relied on by the Petitioner as constituting the ground specified above are follows:

That the said marriage has broken down irretrievably in that since the marriage, the Respondent has behaved in such a way that the Petitioner cannot be expected to live with the Respondent.

Particulars

a) The Respondent was always disobedient to the Petitioner claiming that as the one officially allocated their place of residence by her employers that she can do whatever she wants.

b) The

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Respondent was always quarrelsome and hot tempered with no regard whatsoever for the Petitioner.

c) The Respondent leaves the matrimonial home to unknown destinations and stays away most times for between four (4) days to one week without any explanation or apology.

d) The Respondent refused the love advances of the Petitioner and lacks any concern over the emotional and sexual needs of the Petitioner which she turns down all the time.

e) The Respondent has threatened to eliminate the Petitioner and does not stay in harmony with members of the Petitioner’s family.”

In her reaction to the petition, the 1st Respondent in her amended answer and cross-petition dated 19th October, 2004 in which one Mrs. Fidelia Ejiuwameonu Okoro (Nee Okocha) (2nd Respondent in this appeal) was cited as a Co-Respondent, the following reliefs were claimed:-