Lt. Adeyinka A. Bibilari (Rtd) V. Ngozika B. Aneke Bibilari (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

REGINA OBIAGELI NWODO, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the High Court of the Federal Capital Territory holding at Zuba delivered on the 27th of June, 2008, in the petition of the appellant in Suit No. FCT/CV/Pet/94/07.

The Appellant as petitioner, in the High Court filed a petition against the present Respondent for the dissolution of their marriage contracted in accordance with the Marriage Act on the 21st of April, 1990 at All Saint Cathedral Church Onitsha, Anambra State. The Appellant and the Respondent cohabited at Army Barracks Onitsha, Anambra State after the marriage and later in the year 2000 moved to No. 4, Persian Gulf Close, Maitama, Abuja.

The marriage is blessed with 3 children namely:

(i) Chukwuebuka Eniola Bibilari born on 6/12/1992

(ii) Chetachukwu Tomilola Bibilari born on 4/1/1994

(iii) Joy Durotimi Bibilari born on 13/10/2005.

The grounds of the petition are as follows:

(1) That the Petitioner finds the Respondent intolerable

(2) The Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with her

(3) The marriage has broken down irretrievably

The facts relied upon by the Appellant as stated in the Petition for Decree of Dissolution of marriage reads thus:

i. The Petitioner has suffered substantial dehumanization, stress, and agony and does not command any single respect from the Respondent any more. Infact as a result of this stress, the Petitioner has suffered serious health deterioration losing weight uncontrollably and has developed unprecedented increase in blood pressure.

ii. The Petitioner at regular intervals has received from the Respondent messages that connote hatred, disgust, and insincerity of love, thereby affecting the Petitioner’s psychological cum social well-being.