Prince Amah V. Mrs. Victoria Amah (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IGNATIUS IGWE AGUBE, J.C.A.(Delivering the Leading Judgment)

In the High Court of Abia State of Nigeria, in the Aba Judicial Division, Holden at Aba, the Appellant as Petitioner initiated a Petition dated 20th day of May, 2008 but filed on the 21st May, 2008 whereof he sought for the following Reliefs:

?I. A Decree of Dissolution of marriage between the Petitioner and the Respondent on the grounds and facts set out above and in particular that the marriage has broken down irretrievably.

?II. Such further Order or Orders as the Honourable Court may deem fit to make in the Records. See page 5 of the Records.

As for the facts relied upon by the Petitioner, as constituting the Grounds that the marriage had broken down irretrievably as stated as well as the reason for which cohabitation between the Petitioner/Appellant and Respondent had ceased, the Petitioner alleged that the Respondent has always behaved in such a manner that the Petitioner/Appellant found it intolerable to live with her in that since October, 2006, following the Respondent?s usual persistent nagging, quarreling and fighting e.g. the Respondent

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threatened to kill the Petitioner by poisoning or other diabolical means, and making reference to the Petitioner as a stark illiterate, Furthermore:-

?1. The Respondent has behaved in such an intolerable way that the Petitioner cannot be expected to live with her.

?II. The marriage has been characterized by irreconcilable differences, which have lasted from the beginning of the marriage till now, and all efforts towards meaningful reconciliation by mutual family friends, respected dignitaries , intimate relations, proved most unsuccessful.

?III. The Respondent had been most unrepentantly and intransigently quarrelsome, disgraces the Petitioner?s friends and relations with her intolerable behaviors. She is also most unreasonable domineering, naggy, violently, cruel, highly cantankerous, evil tempered, fights and assaults the Petitioner regularly.

?IV. The Respondent regularly patronizes and consults Native Doctors and or Witch Doctors to prepare charms or other harmful concoctions have been hidden by her in Petitioner?s residence at the Village or mixed in Petitioner?s food, water, drinks, pomades,

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clothes and other wears etc.

?V. The Respondent has no genuine love for the Petitioner and expresses this by constantly reminding the Petitioner that she is just managing him as they are not of the same class.