Mrs. Victoria Abimbola Bakare V. Mr. Bankole John Bakare (2016)

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JAMES SHEHU ABIRIYI, J.C.A. 

This appeal is against the judgment delivered on the 24th October, 2013 in the High Court of Ondo State sitting at Akure.

By an amended petition for a decree for the dissolution of the marriage between the Appellant and the Respondent, the Appellant also sought custody of the five Children of the marriage and a declaration that both parties are joint owners of a landed property which the Respondent bought during the pendency of the marriage but the development of which the petitioner contributed immensely towards.

The facts of the petition as can be gathered from the evidence of the Appellant and her father at the lower Court are simple. They are as follows: The parties got married on 2nd April 1988 and the marriage was blessed with five children:

1. Olaoyenikan Bakare, Female, 25years.
2. Abimbola Bakare, Female, 23years.
3. Damilola Bakare, Female, 20years.
4. Iyanuoluwa Bakare, Female, 13years.
5. Similoluwa Bakare, Female, 11years.
According to the Appellant throughout the period of conception and delivery of the five

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children she was solely responsible for them.

The Respondent has the habit of beating her and sending her out of the matrimonial home and he is disrespectful to her parents.

On 5th April 2010 the Respondent came into her bedroom and told her to start packing her things. She pleaded with the Respondent but the Respondent was adamant and said that her sight irritated him. As she was begging he slapped her. She left when the Respondent threatened to throw her things out.

She left with the children but the Respondent later went and carried them.

She went and reported to the Respondent’s people. They talked to the Respondent and he released the children to her. The children are now between 11years and 25years. She has been responsible for the children’s school fees. She tendered some of the school fees receipts which were admitted and marked Exhibits B-B7.

She encouraged the Respondent to build the house. She gave him money to raise the house from foundation to roofing level. She did the floor and burglary proofs in the house. She did not engage in any immoral behaviours.

She urged the Court to grant her

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