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CaseLaw

Anagbodo Vs. Anagbado (1991) CLR 7(k) (CA)

Judgement delivered on July 10th 1991

Brief

  • Technicalities
  • Dissolution 0f marriage
  • Divorce
  • Reconcilation

Facts

The appellant petitioned for a dissolution of the marriage which was contracted under the Marriage Act.

The grounds for dissolution were: -

  • a
    cruelty on the part of the respondent
  • b
    adultery on the part of the respondent
  • c
    that the respondent for the greater part of the marriage behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent; and
  • d
    the marriage has irretrievable broken down.

The marriage had earlier been celebrated a marriage according to Ibo native law and custom.

There were allegations of cruelty to the appellant and also alleged that the respondent used to incite the children against him along with allegations of Juju use.

Respondent led evidence to show that all the appellant's allegations against her were not true.

The trial court held that the petition was defective and incurable in that it stated several other grounds for the dissolution of the marriage which grounds are not permissible under section 15(1) of the Matrimonial Causes Act 1970. The learned trial Judge held in the alternative, that the petition failed on the merits in that the appellant was unable to prove either adultery or cruelly as claimed in the petition.

The appellant was dissatisfied with the judgment and he appealed to the Court of Appeal.

Issues

  • 1
    Whether the appellant's divorce petition was fundamentally defective...
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