DELPHINE ZIKERE OKONKWO V AMAKA EZEAKU

Issue:

Upon an application for issuance of originating summons filed on the 20th December, 2006 by the Appellant, who was the plaintiff at the High Court of Enugu State against the Respondents herein, the Registrar High Court of Enugu State issued an originating summons on the 8th of March, 2007 in which the Appellant posed four questions and urged the court to grant. The originating summons was accompanied by a fifteen paragraphs affidavit deposed to by the Appellant. Annexed to the affidavit is affidavit of marriage, marked Exhibit A. In support of the originating summons, Mr. Ikeazor Akaraiwe then Learned Counsel for the Appellant filed plaintiffs address on the 8th of March, 2007. The 1st and 2nd Respondents Learned Counsel each filed a counter affidavit and written address. Learned Counsel for the Appellant filed replies to the 1st and 2nd Respondents written address. Issues having been joined, the matter was set down for hearing. Learned Counsel for the parties adopted their respective written addresses. In a reserved and considered judgment, delivered on the 24th July 2007, Umezulike C. J. found for the Appellant herein and granted all the orders she sought. The 1st Respondent was not satisfied with the judgment of the trial court. Being aggrieved she appealed to the Court of Appeal, Enugu Division and submitted two issues for determination of the appeal. The appeal was heard. In a reserved and well considered judgment delivered on the 14th April, 2011, the two issues were resolved in favour of the 1st Respondent herein, who was the Appellant at the lower court, and the appeal was allowed. The judgment of the trial court was set aside. This appeal is against the decision of the lower court.