Judgment
UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Edo State sitting in Benin City delivered in SUIT NO: B/654F/2017 by M. N. Asemota, J. on 19th June, 2020, wherein the trial Court granted joint custody of master Golden Uwariekaose Mgbodi to the Appellant and the Respondent.
The brief fact of the case is that the Appellant and the Respondent on 1st October, 1996 got married under the Ugbodu Native Law and Custom in Aniocha North Local Government Area of Delta State, and the marriage was blessed with two children – Michael Aghaebie Mgbodi (male) 23 years and Golden Uwariekaose Mgbodi (male) 17 years. The said marriage was dissolved in 2007 by the Owa-Oyibu Customary Court, Delta State. The Appellant sometime after the dissolution of the marriage purportedly deposed to two affidavits giving custody of the two children of the marriage to the Respondent.
The content of the said affidavit was allegedly breached by the Appellant. The Respondent therefore instituted this action at the trial Court for sole custody of master Golden Uwariekaose Mgbodi. She also sought for the payments of maintenance, upkeeps and school fees of the children of the marriage from the Appellant. Upon conclusion of the proceedings, the trial Court delivered its judgment granting joint custody of Golden to the Appellant and the Respondent on 19th June, 2020.
Dissatisfied with the judgment of the trial Court, the Appellant appealed to this Court vide an amended Notice of Appeal filed on 11th November, 2021 but deemed properly filed and served on 18th January, 2022. Counsel on both sides filed their relevant processes as required by the rules of the Court and the Appeal was heard on 5th May, 2022.
Winifred Izuagie Esq., appearing for the Appellant; she adopted and relied on the Appellant’s Brief of Argument filed on 11th November, 2021 but deemed properly filed and served on 18th January, 2022; along the Appellant’s reply brief filed on 17th February, 2022 to urge the Court to allow the appeal. Douglas Ogbankwa Esq., appearing with B. D. Erekosima Esq., for the Respondent, he adopted and relied on the Respondent’s Brief of Argument filed on 3rd February, 2022 to urge the Court to dismiss the appeal.
