Ulum Enwezor V. Mr. Christopher Ifeanyi Enwezor & Anor In The Court Of Appeal Of Nigeria (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment)

This appeal emanates from the judgment of the High Court of the Federal Capital Territory Abuja delivered on the 1st March, 2005 by Bello, J wherein the marriage contracted between the petitioner/respondent and the respondent/appellant under the Marriage Act on 19th December, 1987 was dissolved on the ground of irretrievable breakdown thereof. The cross petition filed by the appellant seeking, inter alia, for dissolution of the marriage on ground of adultery and desertion was not properly countenanced and determined.

The appellant being dissatisfied with that decision filed a notice of appeal on the 4th April, 2005 that was predicated on seven grounds as reproduced hereunder without their particulars:

Ground One

The learned trial judge erred in law when he held that “the type of marriage that would have gotten into conflict with a subsisting marriage under the Matrimonial Causes Act should be a marriage subsequently contracted under the Act during the pendency of the earlier one equally contracted under the Act. It is obvious from the evidence before the court that the petitioner was said to have contracted a traditional marriage; this is not recognized by the Act and cannot be offensive against the Act.”

Ground Two

The learned trial judge erred in law when he dissolved the marriage, and made an order absolute contrary to the provisions of the Matrimonial Causes Act.

Ground Three

The learned trial judge erred in law when he failed to properly resolve the issues in controversy between the parties.

Ground Four

The learned trial judge erred in law when he failed to pronounce on crucial issues before him rather decided to leave same at the discretion of the respondent.

Ground Five

The learned trial judge erred in law when he failed to pronounce on the claims of the Appellant in the cross petition.

Ground Six