Mr. Benjamin Folorunsho Alabi V. Mrs Eunice Ifewunmi Alabi (2007)

LawGlobal-Hub Lead Judgment Report

AGUBE J.C.A.

This appeal is against the judgment of the High Court of Kwara State sitting at Offa Judicial Division which judgment was delivered on the 14th day of November 2005 by M. O. Adewara J.

The petitioner (now appellant) had in paragraph 11 (Eleven) of his petition (As Amended) sought for the following orders:-

(a) A declaration that the respondent’s behaviour is one, which the Petitioner cannot reasonably be expected to live with.

(b) A decree of dissolution of marriage between the petitioner and respondent on the ground that the marriage has broken down irretrievably.

(c) An Order of Custody of the only child Elizabeth Oyeronke Alabi for proper care, affection, financial support and proper upbringing.

Upon being served with the petition the respondent filed a reply thereto and cross petition for divorce dated 23rd day of June, 2003 wherein she in paragraph 39 thereof prayed for the following orders:-

“( 1) A declaration that the petitioner is guilty of adultery with one Aramide Babatunde.

(2) The sum of N 1 million damages against petitioner and the said Aramide Babatunde for adultery.

(3) The dissolution of her marriage to the petitioner as it has broken down irretrievably,

(4) The respondent/cross-petitioner is granted custody of the only child of the marriage viz: Miss Elizabeth Oyeronke Alabi:

(5) Twenty-thousand naira (N20, 000.00) monthly maintenance cost against the petitioner.

(6) Such other order(s) as this honourable court may deem fit to make in the circumstance of this petition.”

Reacting to the cross-petition, the petitioner filed what he termed a “Reply to Answer Cross Petition for Divorce”, dated 8th day of May 2004, while the respondent/cross-petitioner on her part further filed a rejoinder to the petitioner’s reply. There were interlocutory applications by the parties, which were duly disposed of culminating in the amended petition by the petitioner.