Veronica Nneka N. Ibeziako V. Professor Stephen M. Ibeziako (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment)

This is an interlocutory appeal against the ruling of HON. JUSTICE G. C. ANULUDE of the Anambra state High Court delivered on the 31st day of October, 2012.

The petitioner before the High Court hereinafter called the respondent filed a petition dated 10th July, 2009 for dissolution of the marriage between him and the respondent hereinafter referred to as the appellant.

The respondent sought and claimed the following reliefs:

1. A decree of dissolution of the marriage.

On the following grounds:

a) That the marriage had broken down irretrievably

b) That since the marriage, the respondent had behaved in such a way that the petitioner cannot reasonably be expected to live with her.

c) That the petitioner and the respondent have been living apart for a continuous period of at least 3 years immediately preceding the presentation of this petition.

The respondent then filed a reply and answer to the cross petition dated and filed on the 2nd day of September, 2009.The respondent on 30th day of March, 2010 also filed form 34 the registrar’s certificate that suit is ready for trial.

The

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suit was set down for definite hearing on 25th April, 2012. The appellant, then, by a motion on notice brought pursuant to Order 4 Rule 1 (5) and Order 27 of the Matrimonial Causes Act dated and filed on 30th April, 2012 prayed the Court for the follow reliefs:

1. An order striking out the petition on the ground that the same is wholly incompetent in law as the petitioner/ respondent failed to comply with the mandatory requirements of the law relating to the same.

On the following grounds:

a) The petitioner/respondent had before his present marriage he is seeking to divorce, married another woman, Miss Sophia Egwuatu.