Mrs. Fidelia Ejiuwaemeonu Okoro V. Mrs. Comfort Oluchi Okaome & Anor (2016)

LawGlobal-Hub Lead Judgment Report

UZO I. NDUKWE-ANYANWU, J.C.A.

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 2nd Respondent 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) (the Appellant in this appeal) was cited as a Co-Respondent, the following reliefs were claimed:-
?(a) An order dismissing the Petition for a decree of dissolution of marriage filed by the Petitioner, with costs.
(b) A decree of dissolution of the parties’ marriage against the Petitioner on the ground that the marriage has broken down irretrievably because since the marriage, the

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Petitioner has committed adultery with the party-cited, and has deserted the Respondent without any care or maintenance which the Respondent finds intolerable.
(c) An order condemning the party-cited, in the sum of N500,000.00 (Five Hundred Thousand Naira) as Damages in respect of the continuous adultery committed by her with the Petitioner. The Petitioner and the Respondent/Cross Petitioner were happily married until the party-cited came between them.
(d) A rent allowance of N150,000,00 (One Hundred and Fifty Thousand Naira) per annum for the Respondent/Cross Petitioner.
(e) A maintenance allowance for the Respondent/Cross Petitioner of N20,000.00 (Twenty Thousand Naira) per month.
Such further and/or other order(s) as the Court may consider appropriate and just to make in the circumstances of this case.”

?After the petition, answer and cross-petition, replies and defence to the cross-petition and rejoinder have been filed and exchanged between the parties, the case proceeded to trial. At the trial the 2nd Respondent and one other witness [PW2] testified in support of the petition. The 1st Respondent on the other hand testified

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in support of her case and called one witness [DW2]. The 2nd Respondent also testified for herself and in addition called one witness [PCW2).

At the end of the hearing, the learned trial judge dismissed the 2nd Respondent?s petition and granted the 1st Respondent’s cross-petition, and awarded the sum of N200,000.00 as damages against the 2nd Respondent. It equally awarded a monthly maintenance cost in the sum of N20,000.00 against 2nd Respondent. Dissatisfied with the judgment, the petitioner filed a notice of appeal on 6th October, 2010 consisting of six (6) grounds of appeal. See pages 305 – 308 of the Record of Appeal.

The appeal was heard on the following briefs:
1. The Appellant’s brief filed on the 7th September, 2011
2. The 1st Respondent’s brief filed on 12th April, 2016
3. Appellant’s reply brief filed on 11th May, 2016 but deemed properly filed on 18th May, 2016
4. No brief was filed by the 2nd Respondent.

The Appellant in his brief formulated 2 issues for determination.
They are as follows:
?3.1. Issue No.1 Whether from the evidence on record and evidence from the 1st Respondent and DW2, it