MR. Alexander Ibeabuchi V. Mrs. Nneka Ibeabuchi (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM SHATA BDLIYA, J.C.A. (Delivering the Leading Judgment)

This appeal is against the judgment of the Kano State High Court of Justice in suit No. K/410/2005 delivered on the 30th of March, 2012 by BAYERO, J. The appellant (Mr. Alexander Ibeabuchi) filed the petition against the respondent (Mrs. Nneka lbeabuchi) on the 8th of June, 2005.

The petition was amended on the 22nd of May, 2006. The petition was predicated on these grounds:

“(i) The marriage between the petitioner and the respondent has broken down irretrievable.

(ii) The marriage between the petitioner and the respondent has broken down irretrievably on the ground that the Respondent has willfully and persistently refused to consummate the marriage.

(iii) The respondent has behaved in such a way and manner that the petitioner cannot reasonably be expected to live with the respondent?.

The appellant (as petitioner) sought the following reliefs:

“(i) A decree of dissolution of the marriage

(ii) Exemplary and aggravated damages of N20,000,000.00 (Twenty Million Naira only) for committing adultery with Mr. Samson Chukwuma while the marriage between him (the

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petitioner) and respondent was still subsisting?.

The respondent filed a Reply to the petition and cross-petitioned on the 18th of October, 2010, seeking these reliefs:

“(a) An order dismissing the petition.

(b) A decree of dissolution of marriage on the ground of cruelty, adultery, desertion by reason of which the marriage between the parties hereto has broken down irretrievably.