Mrs. Getrude N. Mgbeahuruike V. MR. Roland C. Mgbeahuruike (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TUNDE OYEBANJI AWOTOYE, J.C.A.(Delivering the Leading Judgment)

This is the judgment in respect of the appeal filed by the appellant against the decision of the Imo State High Court, Orlu delivered on 31/3/2015.

The petitioner at the lower Court filed a petition for dissolution of marriage between her and the Respondent. The petitioner sought the following orders from the Court in her petition:-

– ?a decree of dissolution of marriage on the grounds that respondent has willfully and persistently refused to consummate the marriage and that since the marriage the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent.

?- An order of Court for the sale of plot No: OL/R/949 World Bank Housing Estate Umuguma Owerri West Local Government Area of Imo State and for the proceeds to be shared equally between parties?.

The Respondent filed Respondents answer to the Petition: The petitioner challenged the competence of the Respondents Answer to the petition because the verifying affidavit was not sworn before the Commissioner for Oaths.

?After hearing the parties

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the learned trial Judge granted one of the two reliefs sought by the petitioner but held that the Respondent was entitled to exclusive possession of the property at Plot No: OL/R/949 World Bank Housing Estate. The learned trial Judge held thus:

?From the evidence above, the parties? plot of land at Port-Harcourt Road was used to settle the debt incurred by the Petitioner. It means therefore that what is remaining is the property in question. It also means that while the Petitioner sent money to pay off and redeem the document of the property in question, the plot at Port-Harcourt Road remains permanently lost. It was never redeemed.

If the property of the parties acquired in the course of their marriage is to be shared. It will be equitable to share both properties equally irrespective of the amount contributed by either party. It will definitely occasion injustice if the only property remaining is sold and the proceeds shared when the other plot at Port-Harcourt Road was sold to settle debt incurred by the Petitioner. To arrive at this stand, I considered the following factors which are:-

That the debt problem could have been

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avoided and the Respondent had no hand to in it or caused it.