Category: Divorce Cases

Divorce Cases

Abolition of demurrers removes the procedural tool of demurrers but does not eliminate the right to challenge the court’s jurisdiction-Order V Rule 10(1)(a)(b)-Order V Rule 12(1)- when verifying affidavit is not written on the petition but filed separately- BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA- SUIT NO: HOW /75D/2023 -NWANEVU CHIDIEBERE GORDIAN V MRS. OGECHI PATIENCE NWANEVU

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE HIGH COURT OF OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI THIS WEDNESDAY THE 6TH NOVEMBER, 2024...
Civil Cases Divorce Cases

SUIT NO: HAM/53D/2022 -MICHAEL MICHAEL OKEREKE VS NNENNA EBERECHI OKEREKE- BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA- delivered ON THURSDAY, THE 1st DAY OF JUNE 2023- The significance of the defendant not calling witnesses- it does not necessarily mean there is no evidence in support of pleadings- The ability of a party to rely on evidence elicited from cross-examination of the opponent’s witnesses, as long as it pertains to facts pleaded- The court’s authority to scrutinize the case of the plaintiff, even if the defendant does not call witnesses-The requirement for the plaintiff to prove their case on the balance of probability or preponderance of evidence, even if the defendant does not present any evidence- Exceptions to the plaintiff’s entitlement to judgment, including situations where the plaintiff heavily relies on documents but fails to tender them in court, claims for damages requiring proof, and when a relief is not expressly claimed in the statement of claim-The inadmissibility of paragraphs in the statement of claim that are notoriously false to the common knowledge of the court- The standard of proof in matrimonial matters-the court must be reasonably satisfied with the evidence presented -The mandatory nature of the provision related to parties living apart in matrimonial matters and the court’s obligation to grant a Decree once this requirement is met.

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE HIGH COURT OF AHIAZU MBAISE JUDICIAL DIVISION HOLDEN AT AHIAZU MBAISE ON THURSDAY, THE 1st DAY OF JUNE 2023...
Civil Cases Divorce Cases

SUIT NO: HAM/54D/2021 – DR CHINWE PATIENCE PEDRO AZUOGU VS. BARR AZUOGU, PEDRO REMY- BEFORE HIS LORDSHIP: – HON. JUSTICE I.M. NJAKA.- THURSDAY 1ST JUNE, 2023- Territorial Jurisdiction- For matrimonial causes proceedings, the main requirement for jurisdiction is domicile in Nigeria, and any High Court of any State of the Federation or the Federal Capital Territory has jurisdiction to determine a petition for dissolution of marriage- Domicile- a person domiciled in any state of the Federation is regarded as domiciled in Nigeria and can file a divorce petition in any state in the country, regardless of their current residence- Forum Convenience and Interest of Justice- the importance of forum convenience and the interest of justice in determining the appropriate jurisdiction for matrimonial cases- these factors could empower the court to transfer matrimonial cases to another state high court in the federation if it serves the interests of justice – Service of Process- a fundamental condition precedent to the exercise of jurisdiction by a court of law- the two main ways of serving originating processes- personal service and service other than personal, such as substituted service- Proof of Service- compelling prima facie proof of service -the responsibility of proving there was no service of the processes rests with the Defendant.

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE MBAISE JUDICIAL DIVISION HOLDEN AT AHIAZU MBAISE THURSDAY 1ST JUNE, 2023 BEFORE HIS LORDSHIP: - HON. JUSTICE I.M. NJAKA....
Divorce Cases

SUIT NO: HOW/47D/2018 – MRS. OKORO CONSTANCE NWAMAKA V MR. IKERI B UGOCHUKWU- BEFORE HIS LORDSHIP: – HON. JUSTICE I. M. NJAKA- ON THE 14TH DAY OF DECEMBER 2021- There are provision and requirements for the annulment of marriage and dissolution of marriage and the effect on the parties are different -Annulment of marriage is usually on the allegation that the marriage is void or voidable -Whether the marriage is Customary or Statutory, consent is what gives the marriage its validity- Consent is an essential element in marriage, and any fraudulent or coerced consent can impact the validity of the marriage

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IN THE HIGH COURT OF IMO STATE IN THE OWERRI JUDICIAL DIVISION HOLDEN AT HIGH COURT OF JUSTICE, OWERRI BEFORE HIS LORDSHIP: - HON. JUSTICE I. M. NJAKA                 ON...
Divorce Cases

Divorce-Application to set aside service-Service through a 3rd party- CHIDIEBERE CHUKWUEMEKA IWUNZE AND UGOCHI CYNTHIA IWUNZE (NEE MGBEIKE)-delivered on 4-11-19 by Hon. Justice Innocent M. Njaka

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE MBAISE JUDICIAL DIVISION HOLDEN AT AHIAZU MBAISE MONDAY, 4TH NOVEMBER, 2019 BEFORE HIS LORDSHIP: - HON. JUSTICE I.M.NJAKA.                                                       ...
Civil Cases Divorce Cases

Service of Court Process- Through Third Party- The Process eventually getting to the Party- Valid Service- Affidavit of Service- CHIDIEBERE CHUKWUEMEKA IWUNZE V. UGOCHI CYNTHIA IWUNZE (NEE MGBEIKE) -Ruling delivered by Hon. Justice Innocent M. Njaka

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IN THE HIGH COURT OF IMO STATE OF NIGERIA IN THE MBAISE JUDICIAL DIVISION HOLDEN AT AHIAZU MBAISE MONDAY, 4TH NOVEMBER, 2019 BEFORE HIS LORDSHIP: - HON. JUSTICE I.M.NJAKA.                                                       ...
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