The Customary Court of Appeal in Ado-Ekiti has partially affirmed the ruling of the Customary Court, Ado-Ekiti, in a suit between one Professor Sunday Omirin as the Appellant and Mrs. Racheal Omirin over the dissolution of their marriage.
The trial court had on March 29, 2024 made three pronouncements which were; dissolution of the marriage of both parties, the equitable distribution of the joint property owned together by both parties, while ordering that 10 percent of the valued money of a property at No. 86, behind Glory Years High School, Ado-Ekiti, be paid to the respondent.
Dissatisfied with the judgment, the Appellant appealed the ruling, arguing that the trial court erred in law by ordering that 10 percent of the valued money of a property at No. 86, behind Glory Years High School, Ado-Ekiti, be paid to the respondent.
Ruling on the matter, Justice Adesoji Adegboye of the Customary Court of Appeal in Ado-Ekiti affirmed the first two reliefs but knocked out the order granting 10 percent of the valued money of a property at No. 86, behind Glory Years High School, Ado-Ekiti, be paid to the respondent.
Justice Adegboye asserted that; “I have stressed throughout this appeal that the Respondent/ Petitioner was unequivocal, direct, specific and her evidence more probable, she knew what she wanted and she went for it, she however failed to convince the trial court on this, the principal relief having been refused, the consequential order should not have been made by the trial court. The grant therefore of 10% of the value of the Duplex building located at No. 86, Behind Glory Years High School, Sije Road, Omisanjana, Ado Ekiti is hereby quashed.
“On the whole, I hereby affirm the decision of the Customary Court, Ado Ekiti on prayers a, b, and c but the award of 10% value of the Duplex to the Respondent is hereby quashed.
“The appeal against the judgment of Ekiti State Customary Court sitting in Ado Ekiti delivered by their Honours; Mrs. O. O. Olakunle (President) and Chief J. J. Aworinde (Assessor) dated 29th day of March, 2024 hereby succeeds in part.” His Lordship concluded.
Delivering their supporting judgments on the matter, President of the Customary Court of Appeal, Hon, Justice Monisola Abodunde and Justice Olufunke Ogundele aligned themselves with the lead judgment.
Justice Abodunde maintained that the award of 10 percent value of the said duplex to the Respondent cannot hold water.
Counsel of the Appellant, Dr. A. O. Filani, and Counsel for the Respondent, M. S. Oluwanisomo, both agreed with the verdict, praising the painstaking efforts of the Panel of Justices in reaching their conclusion.
