WILLIAMS v. WILLIAMS

Obaseki, J.S.C. The short point in this appeal relates to the proper order to make in respect of the custody of one of the children of the marriage between the parties to this appeal that has been dissolved by a decree nisi made by the court of trial. The decree nisi has since been made absolute. The name of the child in question is Kafilat Abimbola Williams. There were three children of the family, namely, Rasheed Ayodele Williams. (male); Hakeen Akintola Williams, (male) and Kafilat Abimbola Williams (female). There was no contest about the custody of Rasheed Ayodele Williams and Hakeen Akintola Williams both of whom have been in the care and custody of the respondent since the parties separated on 1975 October 1.

Olapido Williams, J. who heard and determined the petition granted custody of the child to the appellant. This was after hearing evidence from the respondent. The appellant did not testify in support of her application for custody and did not appear at the hearing of the petition. The Court of Appeal to which the respondent took the matter on appeal, by a majority of two to one, reversed the decision of Oladipo Williams, J. and granted custody to the respondent.

The appellant being dissatisfied has brought the issue of question of custody to this Court for determination.

A brief resume of the facts is desirable for the purpose of this judgment. The parties were married at Woodgreen Marriage Registry, London on 30/3/63. After the marriage, the parties cohabited at diverse places both in London and Lagos including 16B Airport road, Ikeja. Following the breakdown of the marriage, the parties have been living apart since 1st October, 1975, a period of over 6 years preceding the presentation of the petition. This period of separation started on 1st October, 1975 when the appellant left the matrimonial home. The separation created problems for the respondent and according to his testimony.