MR. Johnson Obadairo Kehinde V. Mrs Adeyinka Olukemi Aduke Kehinde (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MUDASHIRU NASIRU ONIYANGI, J.C.A (Delivering the Leading Judgment)

In the divorce petition before High Court of Ogun State corum, Honourable Justice O.O. Majekodunmi, the petitioner sought for the following in paragraph 11 of the petition dated and filed on the 8th day of August 2012.

“That the said marriage be dissolved on the grounds set up”

(See pages 1-2 of Record of Appeal)

At the conclusion of trial the court, in its judgment contained on pages 32 to 45 delivered on 29th day of April, 2013 ordered as follows:-

“The petition of the petitioner fails and is hereby dismissed. The cross petition succeeds in entirety.

1) In the exercise of the powers conferred upon this court by Section 15 MCA. Laws of the Federation 2004, the marriage contracted between the petitioner and the respondent on the 3rd of December, 2002 at the Abeokuta South Local Government Marriage Registry and which is evidenced by Exhibit A herein is hereby dissolved.

2) I award custody of the two children of the marriage

(i) Kehinde Adenike Tolulope (F) and

(ii) Kehinde Samuel Inioluwa (M) to the Respondent.

3) The petitioner is hereby granted reasonable access to the children.

4) It is hereby ordered that the petitioner shall be responsible for the education of the children up to the University level.

(See page 45 of the Record)

Dissatisfied, the petitioner/appellant filed a notice of appeal dated 5th day of May 2013 on the same date. The soul ground upon which this appeal is predicated is: