IN THE HIGH COURT OF JUSTICE
OSUN STATE OF NIGERIA
IN THE EJIGBO JUDICIAL DIVISION
HOLDEN AT EJIGBO
SUIT NO:- HEJ/37D/2024
BETWEEN:-
MR BLESSING EMERIBE…………………… PETITIONER/CROSS RESPONDENT
AND
MRS. CHRISTINA EMERIBE......…...............RESPONDENT/CROSS-PETITIONER
ANSWER TO PETITION AND CROSS-PETITION
The Cross Petitioner/Respondent in answer to the Petition in this proceedings
states as follows:
1. The Cross Petitioner/Respondent admits paragraphs A,B,C,D,E,F,H,I and J of
the Petition.
2. The Cross Petitioner/Respondent denies the averment in Paragraph E (ii)
(a) of the Petitioner/ Cross -Respondent's Petition to the extent that both
parties agreed on the relocation to Osogbo as a result of Economic reason and
in fact, the Petitioner orchestrated the relocation process , inspect and paid for
the apartment they are living .
3. The Cross Petitioner/Respondent denies paragraph G and states as follows:
i. That their Marriage was celebrated in 2014 but they actually met in 2013
during their NYSC year.
ii. That the Cross Petitioner/Respondent has been a faithful, humble and
obedient wife. She respects the Petitioner a lot and has never and will never
disregard him in the presence of anybody, let alone her children.
iii. That the Petitioner/Cross Respondent has been unfaithful since inception.
He cheats, frolics around with different women and also bring them to their
matrimonial home whenever the Cross Petitioner/Respondent travels and
also after she left Lagos state for Osun State.
iv. That the Cross Petitioner/Respondent had to settle down in Osogbo with
the consent of the Petitioner who did not only give her the house rent, but also
joined her in inspecting the apartment before paying for it.
v. That he ( the Petitioner/Cross Respondent) lured the Cross
Petitioner/Respondent into coming to Osogbo with the promise that he( the
Petitioner/Cross Respondent) will seek for transfer in his place of work and
settle down with them but after they’ve settled down, he suddenly realised
that he won’t be able to stay in Osogbo as its better he works at the
headquarters as a banker.
vi. That it was the Petitioner/ Cross Respondent who initiated the fact that he
was no longer interested in the marriage. Prior to that day, he informed the
Respondent of his intention to begin this divorce process and by virtue of the
Exhibit attached ( Whatsapp text of 18th April,2024), the Respondent only
reminded him of his intentions.
vii. That the Cross Petitioner/Respondent has been a good wife , an
approachable person who has done nothing but honoured and cherished the
Petitioner/Cross Respondent and had never for once fought or abused him at
any point in time and till date.
viii. That the Cross Petitioner/Respondent has been a supportive wife to the
Petitioner/Cross Respondent . Every penny she earn goes to taking care of the
home. She supports the Petitioner with everything she has to the extent that
when the Respondent advised the Petitioner that they build their house ( the
house the Petitioner is living), she contributed immensely to see that the
Petitioner got the two parcel of lands ( one in Ogun State and another in Osun
State that he can boast of today.
ix. That in furtherance to the above, it was the Cross Petitioner/Respondent
and her father who witnessed the Sale of Land Agreement of the land located
at Kobongbogboe, Osogbo, Osun State. She therefore puts the Petitioner/Cross
Respondent to the strictest prove of same.
x. The Cross Petitioner/Respondent also states that there are times she
transferred money into the Petitioner’s account, gave him cash and even
transferred to him through POS as a way of supporting the Petitioner and also
to relieve him of family expenses.
xi. That the Petitioner/Cross Respondent do not want to see nor interact with
the children of the marriage because of his promiscuous nature and anytime
the children tell him of their intention to travel to Lagos in order to spend
their holiday with him, he will give them flimsy excuse, tell them not to come,
that they are dirty and will turn his house upside down.
xii. That the Petitioner /Cross Respondent has shown from his conduct that he
is no longer interested in the marriage and when the Respondent even
initiated a conversation as regards the marriage, the Petitioner’s reaction
showed that he’s not ready to go on with the Marriage. This is evidenced in
their Watsapp chat which is hereby pleaded and will be rely upon at the trial
of this suit.
xiii. That the conduct of the Petitioner/Cross Respondent does not portrayed
the home the Cross Petitioner/Respondent longed for as the marriage is
characterized by conflict on trivial and unreasonable issues, provoke and
humiliation from the Petitioner/Cross Respondent, lies, deceit, and
unfaithfulness and he also frolics around with different women, neighbors and
co -workers. He nags a lot and even exposes his wife and children to abuse
and victimization from extended family.
xiv. The Petitioner/Cross Respondent abused the Cross Petitioner /
Respondent emotionally, psychologically and physically and he gossips to his
friends and family about their arguments and fights, thereby ridiculing her.
xv. That the marriage has thus broken down irretrievably and the Respondent
does not object to its dissolution.
CROSS-PETITION
The Respondent/ Cross- Petitioner, MRS CHRISTINA EMERIBE whose
address is at back of Prince Hotel,Halleluyah Estate Junction, Osogbo, Osun
State of Nigeria and who is an Entrepreneur, cross-petitions this Honourable
court for a decree of dissolution of marriage against the Petitioner/Cross
Respondent, MR BLESSING EMERIBE whose address is at 8, Odenike Street,
Abule-Ijesha, Yaba, Lagos State, Nigeria and who is a Banker on the ground
that the marriage between her and the Petitioner/Cross- Respondent has
broken down irretrievably.
MARRIAGE
The Cross- Petitioner, then a Spinster was lawfully married to the Respondent
then a Bachelor at the Olorunda Local Government Marriage Registry, Igbona,
Osogbo, Osun State of Nigeria on the 16th day of August, 2014.
The surname of the Cross-Petitioner/Respondent immediately before the
marriage was Okpala.
BIRTH OF CROSS-PETITIONER AND CROSS-RESPONDENT
The Cross-Petitioner was born at Osogbo, Osun State of Nigeria on the
16th day of July, 1991 and the Cross-Respondent was also born in Lagos
State of Nigeria on the 23rd day of June, 1986
DOMICILE OR RESIDENCE
The Cross- Petitioner is within the meaning of the Act, domiciled in
Nigeria. The facts of which the court will be asked to find that the Petitioner is
so domiciled are as follows:-
The Cross- Petitioner is at present living at back of Prince Hotel,
Halleluyah Estate Junction, Osogbo, Osun State of Nigeria
The Cross-Petitioner is a Nigerian by birth and of Nigerian parentage
and has since her birth been living permanently in Nigeria and has
not rescinded nor changed her Nigerian citizenship.
COHABITATION
Particulars of the place at which and the period during which the
Petitioner and the Respondent have cohabited are as follows:-
1. No. 43, Abayomi Adeyola Street, Ayobo,Ipaja, Lagos State.
2. Olubondu, Ipaja, Lagos State
3. Block 390, Abesan Estate, Ipaja, Lagos State.
CEASEATION OF COHABITATION
The date on which and circumstances in which cohabitation between
the Cross-Petitioner and the Cross- Respondent ceased or last are as
follows:-
Cohabitation or living together by the parties ceased since April, 2021
CHILDREN OF THE MARRIAGE
There are Three (3) children between the parties namely:
1. Esther Emeribe (Female) , born on the 4th of April,2010
2. Crystabel Emeribe (Female) born on the 9th of December,2014
3. Christian Emeribe (Male) born on the 5th of December,2018
PROPOSAL/ARRANGEMENT FOR THE CHILDREN OF THE MARRIAGE.
The Cross Petitioner/Respondent shall be praying for full custody of
the children of the marriage.
1. The Petitioner/Cross respondent shall be responsible for the cost of the
education of the children of the marriage.
2. The Petitioner/Cross Respondent shall be responsible for the upkeep
and maintenance of the children of the marriage by paying the sum of
N300,000.00 (Three Hundred Thousand Naira ) monthly.
3. The Cross Petitioner/Respondent is resident in Nigeria and has a rented
apartment in Osogbo, Osun State where the children have always been
living with her and the Petitioner/Cross Respondent shall continue to
be responsible for the accommodation of the children of the marriage.
4. The Cross/Petitioner will make sure that the children of the marriage
gets the best of both moral, emotional, mental, physical and even
spiritual upbringing.
PREVIOUS PROCEEDINGS
Since the marriage there is NO previous proceedings in the court
between the Cross-Petitioner and the Cross-Respondent.
FACTS
The facts relied on by the Cross-Petitioner as constituting the ground specified
above are as follows:-
1. Since the marriage, the Petitioner/Cross Respondent has behaved in
such a way that the Cross Petitioner/Respondent cannot reasonably be
expected to live with the Respondent and the marriage has broken
down irretrievably.
2. The Cross Petitioner/Respondent and the Petitioner/Cross Respondent
met during their Service Years sometime in 2013 and thereafter got
married the following year at the Olorunda Local Government, Osogbo.
3. It was shortly after the marriage that the Cross Petitioner/Respondent
discovered that the Petitioner/ Cross Respondent is a very promiscuous
person to the extent of having sexual relationships with different
women in their street and in every place in which they co habit which
made the Cross Petitioner/Respondent a brunt of gossip and shame in
the neighbourhood.
4. That the Petitioner/Cross Respondent has been unfaithful since
inception. He cheats, frolics around with different women and also bring
them to their matrimonial home whenever the Cross
Petitioner/Respondent travel and also after she left Lagos state for Osun
State.
5. That the Petitioner/Cross Respondent lured the Cross
Petitioner/Respondent into coming to Osogbo with the promise that he
will seek for transfer in his place of work and settle down with them but
after they’ve settled down, he told her that he won’t be able to stay in
Osogbo as its better he works at the headquarters as a banker.
6. That the Petitioner/Cross Respondent has continuously perpetuated
acts amounting to cruelty against the Cross Petitioner/ Respondent
since the celebration of the marriage.
7. That the Petitioner/Cross Respondent abuses the Cross
Petitioner/Respondent emotionally, psychologically and verbally by
body shaming her, calling her fat and ugly, which has led to the
petitioner having low self-esteem about her looks.
8. The Cross Petitioner/ Respondent states that the Petitioner/Cross
Respondent lies about so many things, he is unfaithful, has zero
integrity, very disrespectful, disloyal, competitive and has a degrading
behavior not expected of a husband. One minute, he is taking a decision
with her and the next minute, he is castigating her.
9. It is to this end that the Cross Petitioner/Respondent is praying this
honorable court for the dissolution of the marriage.
The Cross Petitioner/Respondent further relies on all the paragraphs in
the Answer to Petition as the facts upon which the Cross Petition is
founded.
CONDONATION, CONNIVANCE AND COLLUSION
The Cross-Petitioner has not condoned or connived upon the ground specified
above and is not guilty of collusion in presenting this petition.
ORDERS SOUGHT
The Cross- Petitioner seeks the following orders:
(i) AN ORDER for Dissolution of the marriage between the
Petitioner/Cross Respondent and the Cross Petitioner/Respondent
on the ground that the marriage has broken down irretrievably on
the following facts:
(a) That the Petitioner/Cross Respondent has continuously
perpetrated acts amounting to cruelty against the Cross
Petitioner /Respondent since the celebration of the marriage.
(b) That the parties to the marriage have lived apart for a
continuous period of at least 2 years immediately preceding the
presentation of the petition.
(ii) An order that the Petitioner/Cross Respondent can have access
to the children of the marriage at reasonable hour or in accordance
with the child rights act.
(iii) AN ORDER that the Petitioner/Cross Respondent be
responsible for the cost of the education of the children of the
marriage.
(iv) The Petitioner/Cross Respondent shall pay the sum of
N300,000.00 (Three Hundred Thousand Naira Only) monthly for the
upkeep and maintenance of the children of the marriage.
(v) AN ORDER granting full ownership or a fair share as may be
determined by the Court of the property located at Abolobe Family
Land, Kuliyat Area, Kobongbogboe, Olorunda Local Government
Area,Osogbo acquired during the Marriage to the
Cross-Petitioner/Respondent as she intends to build A FAMILY
HOUSE on it for the children of the marriage in order to foster unity
among them.
(vi) AND for such further order or orders as this Honourable Court
may deem fit to make in the circumstances in favour of the Cross
Petitioner/ Respondent.
THIS ANSWER AND CROSS-PETITION was settled by TITILAYO ABE,
ESQ Legal Practitioner for the Cross-Petitioner/Respondent.
Filed on the …………… day of ………………………………., 2024 by TITILAYO
ABE , ESQ., on behalf of the Cross-Petitioner, whose address for service
is C/O Her Solicitors, ABE TITILAYO & ASSOCIATES, 5A Opp. Spices
Restaurant, Oke-Fia, Osogbo, Osun State.
…..…………………………………
TITILAYO ABE, ESQ.,
ABE TITILAYO & ASSOCIATE,
CROSS-PETITIONER’S
COUNSEL
5A. OPP.
SPICES RESTAURANT,
OKE-FIA,
OSOGBO.
Tel:- 08133104103
Email:- tolulop2011
@gmail.com
FOR SERVICE ON:-
THE CROSS- RESPONDENT,
C/O HIS SOLICITOR
ALBERT S. AKINWALE ESQ
GRATIUS DEI CHAMBERS
LEGAL PRACTITIONER FOR THE PETITIONER
NO. 20C, OLOYEDE STREET, AGOWANDE,
IGBONA, OSOGBO,OSUN STATE.
07031930831;gratiusdeichambers@gmail.com
IN THE HIGH COURT OF JUSTICE
OSUN STATE OF NIGERIA
IN THE EJIGBO JUDICIAL DIVISION
HOLDEN AT EJIGBO
SUIT NO:- HEJ/37D/2024
BETWEEN:-
MR BLESSING EMERIBE……………………PETITIONER/CROSS RESPONDENT
AND
MRS. CHRISTINA EMERIBE......…...............RESPONDENT/CROSS-PETITIONER
AFFIDAVIT VERIFYING FACTS
I, MRS. CHRISTINA EMERIBE Female, Christian, Entrepreneur, Nigerian of
Prince Hotel,Halleluyah Estate Junction, Osogbo, Osun State of Nigeria do
make oath and state as follows:-
1. That I am the Cross Petitioner/Respondent in this Petition for the
dissolution of my marriage.
2. That the grounds,particulars and facts on which the Petition is based as
contain in my Cross Petition.
3. That all the facts stated in the petition including the ground for
dissolution of the marriage are true to the best of my knowledge and
belief.
4. That I swear to this affidavit in good faith and in accordance with the
Oaths Law.
………………………
DEPONENT
Sworn to at the High Court Registry, Ejigbo
this ……………… day of ……………………2024
BEFORE ME
…………………………
COMMISSIONER FOR OATHS
IN THE HIGH COURT OF JUSTICE
OSUN STATE OF NIGERIA
IN THE EJIGBO JUDICIAL DIVISION
HOLDEN AT EJIGBO
SUIT NO:- HEJ/37D/2024
BETWEEN:-
MR BLESSING EMERIBE……………………PETITIONER/CROSS RESPONDENT
AND
MRS. CHRISTINA EMERIBE......…...............RESPONDENT/CROSS-PETITIONER
CERTIFICATE RELATING TO RECONCILIATION
I, TITILAYO ABE ESQ., certify that I am the Solicitor representing the
Respondent/Cross-Petitioner and that I have brought to the attention of the
Cross-Petitioner the provisions of the Matrimonial Causes Act, 1970 relating
to reconciliation of parties to a marriage and approved marriage guidance
organization reasonably available to assist in effecting a reconciliation
between the Petitioner and the Respondent and the possibility of a
reconciliation between the Petitioner and the Respondent being effected
either with or without the assistance of such an organization.
Dated this ………………… day of ………………………………., 2024.
…..…………………………………
TITILAYO ABE, ESQ.,
ABE TITILAYO & ASSOCIATE,
CROSS-PETITIONER’S
COUNSEL
5A. OPP.
SPICES RESTAURANT,
OKE-FIA,
OSOGBO.
Tel:- 08133104103
Email:- tolulop2011
@gmail.com
FOR SERVICE ON:-
THE PETITIONER/ CROSS RESPONDENT,
C/O HIS SOLICITOR
ALBERT S. AKINWALE ESQ
GRATIUS DEI CHAMBERS
LEGAL PRACTITIONER FOR THE PETITIONER
NO. 20C, OLOYEDE STREET, AGOWANDE,
IGBONA, OSOGBO,OSUN STATE.
07031930831;gratiusdeichambers@gmail.com
IN THE HIGH COURT OF JUSTICE
OSUN STATE OF NIGERIA
IN THE EJIGBO JUDICIAL DIVISION
HOLDEN AT EJIGBO
SUIT NO:- HEJ/37D/2024
BETWEEN:-
MR BLESSING EMERIBE……………………PETITIONER/CROSS RESPONDENT
AND
MRS. CHRISTINA EMERIBE......…...............RESPONDENT/CROSS-PETITIONER
ACKNOWLEDGMENT OF SERVICE
I, ……………………………………………………………….. acknowledge that on the …………
day of …………………….,2024 at ……………………...………. received the following:
(a) A sealed copy of the Answer and Cross Petition in these
proceedings;
and
(b) I acknowledge that I am the person referred to in the sealed copy of
the Answer and Cross Petition as the Petitioner/Cross Respondent and
that I am the person to whom the Cross Petition is addressed.
Dated this ……………….. day of …………………………………., 2024
…………………………………
S I G N A T U RE
