
An Okitipupa Customary Court has disbanded a 15 year old marriage between one Mr. Sunday Ezemma and Mrs Clementina Ezemma, on ground of adultery and cruelty.
The divorce suit was brought before, Benson Omotayo with Abraham Mathew and Sunday Kukoyi.
The court which had carefully listened to the parties, held that there was a valid customary court marriage between the party and that the claim for dissolution on a ground of cruelty and desertion were proved by the petitioner.
In the Judgment read by the court president, Omotayo, stated that the petitioner has not been able to prove the allegation of adultery as he failed to mention or pin point any man he caught with the respondent.
Hence, the court believed the claim of the Petitioner, that the respondent had been cruel to him and the Respondent had not been able to controvert the evidence even when she had the opportunity in court.
While the petitioner had been able to also prove successfully the issue of desertion for a period of one and half years which the respondent did not controvert.
The court therefore, dissolved the marriage and granted the custody of the three minors in the marriage, F 14, F 10 and F 6,( names withheld) to the Petitioner, adding that the education and maintenance of children shall be joint responsibility of the party.
The respondent was given unrestricted access to visit the children on reasonable notice and that the children are at liberty to visit or spent holidays with the respondent with the consent of the petitioner.
Earlier, while giving evidence, the 40 -years-old petitioner, Sunday Ezemma, had approached the court for dissolution of his 15-years-old marriage on a ground of adultery and cruelty. He prayed the court to grant him the custody of the children in the marriage.
Sunday told the court under oath that the respondent, Clementina, committed adultery in their matrimonial home and when he confronted the respondent, she denied it however from private investigations by the petitioner, he discovered it was true.
Sunday, an electronics dealer and solar installator said the respondent after the incident went to her parents’ house, ” I later called her and told her that I have forgiven her as this prompted me to ask the elders in my family to accompany me to her family house at Ode-Aye for amicable settlement. However, after being fined by her family she insisted that she is no longer interested in the marriage”. He said
“Her response made my in-laws to plead with me that they would call me after they might have talked to their daughter. Unfortunately, they came after one and half years and I firmly informed them that was too late , wnd by then, I had got engaged to another lady.” He added.
The petitioner, therefore prayed the court to dissolve the marriage and grant him the custody of the children of the marriage.
The 37- year old Respondent, a business woman, Clementina on her own part said since she got married to the petitioner , it had always been turbulent situation , constant fighting every day as a result of the fact that the petitioner loved women too much.









