NAN-H-63
Petition
By Edith Nwapi
Abuja, Dec. 7, 2017 (NAN) An FCT High Court sitting in Maitama on Thursday ordered the transfer of a divorce petition filed by Mr Emmanuel Mbachu against his wife, Mrs Obiageli Mbachu.
The petitioner, who is a resident of the FCT, had earlier filed the petition before Justice Jude Okeke seeking dissolution of their 47-year-old marriage.
But the respondent, who is a resident of Lagos, filed an application seeking for the transfer of the petition to Ikeja High Court due to her ill health and financial incapacity.
In his ruling on the application, Justice Okeke held that the applicant had provided sufficient evidence to show that she had health challenges, saying that the court would use its discretionary power judiciously.
Okeke further held that the court had discretion by virtue of sections 1 and 2 of the Matrimonial Causes Act where the interest of justice demanded that such transfer could be made.
He said “by virtue of Section 9 of the Act, a high court of a state can transfer a matrimonial cause to another state’s high court that has jurisdiction, the requirement being that the court exercises its discretion judiciously
“Taking into consideration all relevant materials and the peculiar circumstance of the cause in this case, the applicant relied on ill health and financial incapacity.
“The court holds the view that better interest of justice will be served if this petition is transferred to Lagos High Court to enable the applicant to attend court in defence of the petition and prosecution of the cross petition.”
He noted that refusing the application would make the court to be confronted with countless applications for adjournments predicated on ill health.
He said that he had given due consideration to the unchallenged evidence, “as there was no gainsaying that through the exhibits, the applicant has not been receiving medical treatment.”
The judge added that the application was based on the instance of ill health and the exhibits had shown that she had been sick and undergoing medical treatment, pointing out that “this proved the grounds of her application.”
Okeke also held that although the petitioner had said that the applicant was not listed as one of the witnesses, he did not foreclose the possibility of the applicant testifying for herself.
The judge added that the applicant also complained of financial difficulties in transporting herself, her witnesses and counsel to Abuja.
He said “the court reckons with this complaint in the overall interest of justice.
“In the light of the foregoing, this application succeeds and the petition is transferred to High Court of Lagos, Ikeja division, for further action. (NAN)
NEO/OSA/HA
===========
Edited by Shittu Obassa/Hadiza Mohammed-Aliyu