Rules In Favour Of Divorced Wife
The Customary Court of Appeal, Ado-Ekiti, has upheld the verdict of Ado Ekiti Customary Court, Ekiti State, in a legal tussle emerging from the dissolution of marriage between Mr. Ajah Emeka and Mrs. Victoria Emeka.
The appeal emanated from the Lower Court’s judgment on August 15, 2023, delivered by the President of the Ado-Ekiti Customary Court, Mrs. Foluke Oyeleye; Assessor, Chief J. J. Aworinde and Assessor; Mrs. Z. A. Ogunrinde.
The appellant, Mr. Emeka Ajah, through his counsel – Ekene Mbam – requested The Customary Court of Appeal, Ado-Ekiti, to determine the lower court’s judgment on the grounds of jurisdiction and who should be the owner of properties acquired under the marriage.
The respondent, Mrs. Victoria Emeka, represented by her counsel – Olakanmi Falade, submitted that; Every of the reliefs sought in the petition is interwoven and flows from the very substance which its dissolution and sharing of property the Court has jurisdiction to hear and determine.
Delivering his judgment on October 7, 2024, Hon. Justice Monisola Abodunde resolved in favour of the respondent (Mrs. Victoria Emeka), thereby affirming the verdict of the trial court.
His Lordship also dismissed the appeal by the appellant that only the Customary Court of Ebonyi can litigate over the issue of dissolution of marriage between parties at the lower court, since they are not indigenes of Ado-Ekiti, Ekiti state.
The Judge held that; “The Court will always tread the part of a robust and holistic interpretation of the laws as long as it is not repugnant to equity and good conscience.
“The justice of the instant appeal is hinged solely on the question of Jurisdiction as distilled in issue one and Ground one of the Amended Notice of Appeal.
“I have no reason to tamper with the sound and logical findings of the lower court based on evidence at trial.
On the whole my persuaded view is that the case of the Appellant lacks merit. Same is dismissed in its entirety.” Justice Abodunde declared.
The lead judgment was supported by other members of the panel – Hon. Justice Rotimi Adegboye and Hon. Justice Lawrence Ojo.
