Olanrewaju Aderounmu V. Mrs. Olabisi Olaide Aderounmu (2002)

LawGlobal-Hub Lead Judgment Report

ONALAJA, J.C.A.

This appeal, arose from a divorce proceeding, from Ibadan Judicial Division of Oyo State High Court, holden at Ibadan, wherein the petitioner wife henceforth, referred to in this judgment as petitioner/respondent, initiated the divorce proceedings under the Matrimonial Causes Act, 1970, Cap. 220 of the Laws of Federation, 1990 and in accordance with the said Cap. 220 aforesaid she sought ancillary reliefs in paragraph 12 in the petition as follows:

“(a) A decree of dissolution of marriage on the grounds that the marriage has broken down irretrievably;

(b) The sum of N10,000.00 per month as allowance of the children of the marriage;

(c) An order directing the respondent to pay the school fees of the children of the marriage;

(d) An order of mandatory injunction against the respondent to vacate property situate at No. 32, Francis Okediji Street, Old Bodija Estate, Ibadan, being property belonging to the petitioner as sole owner;

(e) An order of mandatory injunction restraining the respondent from committing further acts of assault on the petitioner or any act that may injure or threaten the petitioner’s life;

(f) An order of mandatory injunction directing the respondent to hand over or release to the petitioner Land Rover Jeep with registration No. OY7768BD being property belonging to the petitioner;

(g) Custody of the children of the marriage.

The petition was served on husband respondent referred to in this judgment as respondent/appellant, who filed a copious, detailed, and exhaustive answer of 32 paragraphs wherein in answer to the reliefs of the petition in paragraph 12(d) (e) the respondent/appellant deposed in paragraphs 30, and 31 of the answer as follows:

“30. The respondent says that the relief sought by the petitioner in paragraph 12(d) of the petition, where he expended about N300,000.00 for renovation and expansion and with the consent and oral agreement of

the petitioner with the respondent ought not be granted.

31. With reference to relief sought in (12)(e) of the petitioner (sic) petition, the respondent says that the Land Rover Jeep with registration No. OY1768BD belongs to him and not to his wife as contained in paragraph 16, 17 and 18, above which paragraphs are hereby set down as follows:

(16) The respondent says that the Land Rover S/Wagon OY768BD was entirely financed by the respondent although the cost payment of N35,000.00 (Thirty Five Thousand Naira) was made through the petitioner because the purchase was made from Union Bank Plc via a staff called Mr. Balogun of Union Bank Plc New Gbagi Branch as a boarded vehicle;

(17) The cost of refurbishment which was over N150,000.00 (One Hundred and Fifty Thousand Naira) entirely born by the respondent in 1993.