The appellant petitioned the Ondo state high court, Akure for the dissolution of his marriage to the respondent. The respondent in turn cross-petitioned for the dissolution of the marriage and also claimed custody of the children of the marriage, maintenance and settlement of some of the properties of the marriage

The facts upon which the appellant prayed the trial court for the dissolution of the marriage was that since the marriage, the respondent had behaved in such manner that the appellant could not reasonably be expected to continue living with her. The second allegation made against the respondent was that the respondent was fond of making and bring charms (juju) into the matrimonial home and thus causing him what he described as “social and mental insecurity”. The appellant also alleged that the respondent was quarrelling with and disallowing the appellant’s relations from entering the matrimonial home and did force the appellant’s mother to leave the matrimonial home sometime in 1981 since the said mother was not allowed to enter the home.

On the other hand, the respondent contended that the marriage had broken down irretrievably in that since the marriage, the appellant had behaved in such a way that the respondent could not be expected to live with the appellant.

Also that the petitioner had deserted the respondent for a continuous period of time than a year immediately preceding the presentation of the petition. The respondent alleged that the appellant was uncaring and selfish and was fond of unleashing physical violence on the respondent; that the appellant was addicted to charms and native medicine; that the appellant made her to swear to an idol that she would be loyal to the appellant and not have sex with any other man while at the same time the appellant was discarding her and that the appellant was encouraging his mother to harass and curse the respondent for not allowing the appellant’s finances or proposed wives to get pregnant.

Both parties testified in proof of their respective cases. At the conclusion of the trial, the trial court dismissed the appellant’s petition and granted the respondent’s cross-petition substantially.

The appellant was dissatisfied with the judgment of the high court and appealed to the court of appeal