IN THE HIGH COURT OF JUSTICE: DELTA STATE OF NIGERIA

IN THE EFFURUN JUDICIAL DIVISION

HOLDEN AT EFFURUN
SUIT NO:…………………../2021
BETWEEN:
MRS. OMOZE OKEOGHENE ELOHOR - - PETITIONER
AND
MR. OMOZE CHRISTOPHER - - RESPONDENT
PETITION FOR A DECREE OF DISSOLUTION OF MARRIAGE

TO: The above named High Court.

The Petitioner, MRS. OMOZE OKEOGHENE ELOHOR whose address is at No. 6, 2 nd Sido Close,
off MCC Road, Enerhen, Effurun, Uvwie Local Government Area of Delta State, Nigeria petitions for
a Decree of Dissolution of Marriage against Mr. Christopher Omoze whose address is at Plot 5
Christopher Omoze Close, Off Bethel Oborevwori Crescent, Osubi, Okpe Local Government Area of
Delta State, Nigeria on the ground that the marriage has broken down irretrievably viz:

a. That Domestic violence, aggressive tendencies and unreasonable behavior of

Respondent towards the Petitioner.
b. That the marriage between the petitioner and the Respondent has broken down
irretrievable
c. The respondent was very cruel towards the Petitioner and has an intolerable
behaviour.
1. MARRIAGE
The Petitioner, then a spinster and the Respondent, then a bachelor got married on the 19 th
Day of January, 2008 at the Effurun registry in Uvwie Local Government Area of Delta
State. A copy of the marriage certificate shall be relied upon at the trial of this suit.
2. BIRTH OF THE PETITIONER AND RESPONDENT
The Petitioner was born on the 12 th day of April, 1984 at Warri in Warri South Local
Government Area of Delta State, while the Respondent was born on the 14 th day of
September, 1976 in Warri, Warri/South Local Government Area of Delta State of Nigeria.
3. DOMICILE
The Petitioner and the Respondent are domiciled in Nigeria within the meaning of the Act.
The facts upon which the Petitioner is calling upon this Honorable Court are as follows;
a. The Petitioner is a Nigerian
b. The Respondent is a Nigerian
4. COHABITATION
Since the marriage, the Petitioner and the Respondent lived together at the United Kingdom
till sometime in 2009 when they returned to Nigeria and lived at Arubayi Close, behind
Agofure Motors, Off PTI Road in Uvwie Local Government Area in Delta State. Thereafter,
they moved to their personal building at Plot 5 Christopher Omoze Close, Off Bethel
Oborevwori Crescent, Osubi, Okpe Local Government Area of Delta State, where they lived
till the Respondent’s character and attitude towards the Petitioner became intolerable for
her to live with the Respondent.
5. PARTICULARS OF CHILDREN
The marriage between the Petitioner and the Respondent was blessed with two children;
a. Omoze Ashley – Male (12 years) born on November 4th, 2008.
b. Omoze Edrick – Male (9 years) born on May 17th, 2011.
6. CONDONATION, CONNIVANCE AND COLLISION
The Petitioner has never at any time condoned, connived or colluded with the Respondent
in taking out this Petition
7. PREVIOUS PROCEEDINGS
Since the marriage, there has not been any previous proceeding in court between the
Petitioner and Respondent.
8. GROUNDS OF DISSOLUTION
a. The marriage between the Petitioner and Respondent has broken down irretrievably.
b. The Respondent has behaved in such a way that the Petitioner cannot reasonably be
expected to live with the Respondent.
c. Domestic violence, aggressive tendencies and unreasonable behavior of Respondent
towards the Petitioner.
9. FACTS
The facts upon which the Petitioner shall be urging the court to dissolve the marriage are
as follows;
a. The Petitioner and the Respondent got married on the 19 th Day of January, 2008 and
did not maintain a harmonious relationship as husband and wife. The marriage
certificate is herein attached and marked as Exhibit AO1
b. The Petitioner and the Respondent returned to the United Kingdom.
c. The Petitioner avers that prior to their solemnization the Respondent has always
shown tendencies of jealousy and violence towards her but she felt he would change
over time.
d. That Petitioner’s thought was wrong as the Respondent did not change for the better
after marriage but rather the Respondent aggressive tendencies only got worse.
e. That while the Petitioner and the Respondent were in the United Kingdom, the
Respondent kept on beating her ceaselessly even after the birth of their first son,
OMOZE ASHLEY who was given birth to in the United Kingdom on the 4 th day of
November, 2008.
f. That when the petitioner returned to Nigeria with their baby OMOZE ASHLEY from
United Kingdom into Nigeria the short period the Respondent stayed before he
returned for continuation of the studies in 2009 was hell let loosed as the
Respondent beat me up severally over minor issues such as why I brought water late
to the table after serving food or in the instance where I stop by to see my
grandmother with my son after school pickup hour. This lingered on even after my
second delivery of the second son, OMOZE EDRICK, as early as five months after,
the Respondent continued his habit of maltreating the Petitioner emotionally and
physically which lead to the Petitioner’s depression arising from the continuous,
consistent and ceaseless beating from the Respondent.
g. That all through the period of pregnancy and after delivery, the Respondent kept on
beating her.
h. That the Respondent goes about defaming and/or spoiling the name of the Petitioner
by accusing her of abandoning her home and children for other men and money,
which are all false allegations. He even insults me by calling me “ASHAWO” in the
presence of my children and neighbours.
i. That in the early part of the year 2016, it was a Saturday, I brought cake from my
shop to the house to be delivered the next day in church to a client who is our
member. This made the Respondent angry as I observed his countenanced. He came
to meet me in the kitchen that evening while I was cutting onions. He shouted at me
that I should give him the knife which I did not know what he intended to do with it.
At this time I was very afraid for my life. My children were in the sitting room.
When I the Petitioner refused to give him the knife as I held onto the handle firmly,
the respondent pulled the blade part of the knife that led to the spilling of his blood.
He started bleeding so I called neighbours, doctor Ogbona and Reverend Father
Jude who came to my aid. The picture is herein attached and marked as Exhibit
A.O2
j. on the 20th day of August, 2016, the Petitioner was taking care of the children on
return from an outing, the Respondent noticed his cloth with had been washed by
the launderer had not been kept in the wardrobe, he got angry and began to beat
the Petitioner and accusing her of all manner of accusation. That the petitioner is
dragging his life back that he should have excelled more than this and however the
Petitioners days are numbered. That the outcome of his outrage ended up with my
blood as he stabbed me with a bear bottle on my shoulder.
i. That I went to Naval Clinic at Refinery, Effurun but they refused to treat me.
That the only ground they can treat me the Petitioner is when they see a
police medical form authorizing them to carry out the said treatment.
ii. That I was getting weak as I was bleeding profusely, so I went to a near
chemist at Osubi where they helped me stitch the wound.
iii. That after I was treated, I took pictures from different angles using my
phone. The said picture is here attached and marked as exhibit AO3
k. That on one occasion in 2019, the Respondent’s phone rang but the identity of the
caller on his phone seemed to be similar to that of the Petitioner, upon seeing this,
the Petitioner tried to make a joke of it and this made the Respondent angry at her
and began to call her names such as “ashawo” and thereafter, began to beat her
and stripped her naked in the presence of the gateman in the compound where they
lived.
l. That Respondent and I have been through several counseling sessions both in
church and family interventions but to no avail as the Respondent refused to change.
That most recently on the 6th day of October, 2020 the 2i/C of the Area Command
had a counseling session us and schedule private counseling session which I the
petitioner attended. But it yielded no positive fruit as the Petitioner has succeeded
in separating me from my children.
i. The counseling came as a result of my husband threatening that somebody
will go down to my brother Maxwell Otagba and the Respondent in presence
at the 2i/C’s office also confirmed that he made the statement.
ii. The Letter of Threat to Life and Call To Safe Guard The Life of Mrs. Omoze
Oke Oghene Elohor is herein attached and marked as Exhibit AO4
m. In recently, the respondent went accusing one High Chief Mike Loyibo of dating me
and giving me a car of which the car belongs to my sister Ewomazino Otagha. That
 my sister only gave me the car temporarily because she works off shores to assist
me with my cake business which involves lots of movement around town. More so
my sister has another car which she uses when she is in town.
i. The report was made to two kingdoms being Agbon Kingdom and Ijaw
Kingdom.
ii. That after his report I am aware that nobody paid a fine for infidelity which
the Respondent accused me of.
iii. I am aware he was further advised to let me the Petitioner go since I am a
bad wife to him as he has put forth before them at the meeting of the two
kingdoms.
iv. That this fact got to my knowledge through one Mr. Eyerin a family friend
who was present at the said meeting.
n. On the 3rd day of November, 2019 after the respondent and I had a thanksgiving
service in Church for our eldest son’s birthday and my office promotion. The
occasion was followed up with the respondent beating with his fist and this resulted
injury of my teeth. I had to use braces for weeks.
o. That I left our matrimonial home on the 22 nd day of December, 2019 I left the
matrimonial home not because I wanted to but the pressure put on me by the
respondent.
i. That on the 21st day of December, 2019 the respondent returned late and
woke me up about 11pm that night to come down stairs to talk. I obeyed. He
started by asking who owns this house we live in and further stated that two
captains cannot be in one house. I was confused at the respondents’ speech;
I refused to give an answer for fear of not knowing what will follow my
response. It got to a point where he ordered me to pack my things and leave
as there is a car waiting for me outside that mid night.
ii. I pleaded with the Respondent to allow day break as it was unsafe for me to
move with my luggage at that time of the night. It resulted in quarrel and I
ended up not sleeping.
iii. The following I left with my children, but they insisted on coming back to their
father the respondent so I returned them to his house. I love my children
and I miss them but cannot access them whenever I want to.
 p. That on the 4th day of May, 2020 I went to visit my children in company of my
younger brother. The Respondent fought with my younger brother and I.
q. That I have suffered bruises and beatings for over 12years in the hands and house
of the Respondent as he started beating me during courtship, I never envisaged it
would result to my bodily harm.
10. ARRANGEMENT FOR THE CHILDREN OF THE MARRIAGE.
The children of the marriage are at the moment living with the Respondent and are being
taken care of by him.
1. Custody of the Children be granted to the Respondent.
2. The Petitioner shall have full access to the children of the marriage.
3. That the children be allowed to spend holidays and festive period with the Petitioner.
11. ORDER SOUGHT
The Petitioner seeks the following reliefs from this Honourable Court::
a. A DECREE OF DISSOLUTION of marriage the Marriage celebrated between the
Petitioner and the Respondent on the 19 th Day of January, 2008 at the Effurun
registry in Uvwie Local Government Area of Delta State the said marriage having
broken down irretrievably on the ground that the Respondent has behaved in such
an intolerable manner that the Petitioner cannot be expected to live with the
Respondent.
b. A DECREE OF DISSOLUTION of marriage the Marriage celebrated between the
Petitioner and the Respondent on the 19 th Day of January, 2008 at the Effurun
registry in Uvwie Local Government Area of Delta State the said marriage having
broken down irretrievably the Respondent having continuously and consistently
failed to consummate the marriage since the 24th day of October, 2019.
c. AN ORDER OF THIS HONOURABLE COURT granting the Petitioner unrestricted
access to her children who are presently in the custody of the Respondent.
d. And any other consequential relief that this Honourable Court may deem fit to make
in the circumstances.

This Petition was settled by A. O. Harrison (Mrs.)______________ of AUGUSTINA OJENIKOH

HARRISON & CO., No. 75 Effurun/Sapele Road, By Water Board, Effurun, Uvwie Local
Government Area, Delta State. Solicitors to the Petitioner and filed on _________ day of
________________ 2021 by A. O. Harrison (Mrs.) on behalf of the Petitioner whose address for
service is C/o her Solicitor at the named address.
Dated this _____ day of _________________, 2021

______________________________________
A. O. HARRISON (MRS.)
PETITIONER’S COUNSEL
AUGUSTINA OJENIKOH HARRISON & CO.
NO. 75 EFFURUN/SAPELE ROAD, EFFURUN
08062170260
tinariso@gmail.com
RESPONDENT ADDRESS FOR SERVICE
Mr. Christopher Omoze
Plot 5 Christopher Omoze Close,
Off Bethel Oborevwori Crescent,
Osubi,
Okpe Local Government Area
Delta State, Nigeria

AFFIDAVIT OF VERIFICATION

I, MRS. OMOZE OKEOGHENE ELOHOR, Female, Adult, Christian, Nigerian Citizen, residing at
No. 6, 2nd Sido Close, off MCC Road, Enerhen, Effurun, Uvwie Local Government Area of Delta
State, do hereby make Oath and state as follows;

1. That I am the Petitioner in this suit and by virtue of which I am conversant with the facts
herein.
2. That I verify the facts stated in this petition by virtue of my personal knowledge of same.
3. That the statements of the facts in paragraph 1 – 10 of this petition are true to the best of
my knowledge, information and belief.
4. That I do solemnly and sincerely declare that I make this solemn declaration
conscientiously believing same to be true in accordance with the Oath Acts in force.

__________________________
DEPONENT

SWORN TO AT THE HIGH COURT REGISTRY

This ………… day of …………………. 2021

BEFORE ME

____________________________
COMMISSIONER FOR OATHS
 IN THE HIGH COURT OF JUSTICE: DELTA STATE OF NIGERIA
IN THE EFFURUN JUDICIAL DIVISION
HOLDEN AT EFFURUN
SUIT NO:…………………../2021
BETWEEN:
MRS. OMOZE OKEOGHENE ELOHOR - - PETITIONER
AND
MR. OMOZE CHRISTOPHER - - RESPONDENT

CERTIFICATE OF COMPLIANCE WITH THE PROVISION OF SECTION 84 OF THE

EVIDENCE ACT 2011

I, MRS. OMOZE OKEOGHENE ELOHOR, hereby certify as follows;

1. That I am the Petitioner in this suit.

2. That the respondent bought me an iPhone 6 plus phone in 2011.
3. That it was brand new at the time purchase as I was the one who unboxed the phone.
4. That my phone was in good working condition, functioning properly from the time of purchase till
date.
5. That the phone was having my MTN line registered SIM with number 08063492068 is being in
proper and daily use to store and save names and numbers of persons, make telephone calls, dial
numbers of different persons and organizations, receive telephone calls, sent text messages, receive
text messages, save text messages, take snapshots, save snapshots.
6. That since 2011 when I receive the GLOBAL SYSTEM FOR MOBIL COMMUNICATION (GSM)
phone, information of various nature have been regularly supplied into the said phone up to date
without any form of hindrances.
7. That the iPhone 6 plus was used to snap and capture the Respondent and I. The said photographs are
hereinmarked and exhibited as Exhibit ….
8. That the Exhibit …….is contained in and reproduced from my iPhone 6 plus Handset GSM phone.
9. That I Certify that the above information are true and correct.

Dated this _________ day of ____________________ 2021

____________________________
MRS. OMOZE OKEOGHENE ELOHOR

IN THE HIGH COURT OF JUSTICE: DELTA STATE OF NIGERIA

IN THE EFFURUN JUDICIAL DIVISION
HOLDEN AT EFFURUN
SUIT NO:…………………../2021
BETWEEN:
MRS. OMOZE OKEOGHENE ELOHOR - - PETITIONER
AND
MR. OMOZE CHRISTOPHER - - RESPONDENT

CERTIFICATE RELATING TO RECONCILIATION

I, A. O. HARRISON (MRS), certify that I am the solicitor representing the Petitioner and I have brought to
the attention of the Petitioner the Provisions of the Matrimonial Causes Acts 1970, relating to the
reconciliation of the parties to marriage and approved marriage guidance organizations reasonably available
to assist in affecting a reconciliation between the Petitioner and Respondent being affected with or without
the assistance of such an organization.

Dated this………..day of …………………, 2021

_____________________________________________
A.O. HARRISON (MRS.)
AUGUSTINA OJENIKOH HARRISON
&CO.
PETITIONER’S SOLICITORS
75 EFFURUN/SAPELE ROAD,
BY WATER BOARD,
EFFURUN, DELTA STATE
08062170260
tinariso@gmail.com

RESPONDENT ADDRESS FOR SERVICE

PLOT 5 CHRISTOPHER OMOZE CLOSE,
OFF BETHEL OBOREVWORI CRESCENT,
OSUBI, OKPE LOCAL GOVERNMENT AREA
DELTA STATE
 IN THE HIGH COURT OF JUSTICE: DELTA STATE OF NIGERIA
IN THE EFFURUN JUDICIAL DIVISION
HOLDEN AT EFFURUN
SUIT NO:…………………../2021
BETWEEN:
MRS. OMOZE OKEOGHENE ELOHOR - - PETITIONER
AND
MR. OMOZE CHRISTOPHER - - RESPONDENT

NOTICE OF PETITION

TO: MR CHRISTOPHER OMOZE of Plot 5 Christopher Omoze Close, Off Bethel Oborevwori Crescent,
Osubi, Okpe Local Government Area of Delta State.

TAKE NOTICE that a petition has been presented to the above named court by MRS. OMOZE
OKEOGHENE ELOHOR instituting a proceeding for a Decree of Dissolution of the Marriage on the
ground that the Marriage has broken down irretrievably and also seeking order with respect to the following.

a) A DECREE OF DISSOLUTION of marriage the Marriage celebrated between the Petitioner and
the Respondent on the 19th Day of January, 2008 at the Effurun registry in Uvwie Local Government
Area of Delta State the said marriage having broken down irretrievably on the ground that the
Respondent has behaved in such an intolerable manner that the Petitioner cannot be expected to live
with the Respondent.
b) A DECREE OF DISSOLUTION of marriage the Marriage celebrated between the Petitioner and
the Respondent on the 19th Day of January, 2008 at the Effurun registry in Uvwie Local Government
Area of Delta State the said marriage having broken down irretrievably the Respondent having
continuously and consistently failed to consummate the marriage since the 24th day of October, 2019.
c) AN ORDER OF THIS HONOURABLE COURT granting the Petitioner unrestricted access to her
children who are presently in the custody of the Respondent.
d) And any other consequential relief that this Honourable Court may deem fit to make in the
circumstances.
1. A sealed copy of the petition is delivered to you with notice.
2. If you intend to consult a solicitor in connection with the proceedings, you should take to him all the
documents delivered to you.
3. If you desire;
a. To deny any facts alleged in the petition
b. To allege any additional facts for the consideration of the Court.
 c. To submit to the Court that it should dismiss any if the proceeding instituted by the
Petitioner.
4. If you wish to institute proceedings for a Dissolution of Marriage, judicial separation or restitution of
conjugal rights, you may do so in answer to the petition filed on you. If you institute proceedings for a
Dissolution of Marriage on the ground that the Petitioner has committed adultery.
5. If you wish to institute proceedings for the purpose of seeking an Order with respect of maintenance for
yourself, custody or guardianship of infant children of the marriage, you should do so by filing an answer
to the Petitioner. If you fail to do so, you will have to obtain the lease of this Court to institute the
proceedings.
6. If you do not wish to file an answer but wish to receive a copy of each document filed in connection with
the proceedings, you should file a notice of address for service. However, unless you file an answer, you
will not without the leave of Court, be entitled to furnish evidence to the Court, or address the Court at
the trial of the proceedings and the Court may hear and determine the proceedings in the absence.
7. Any answer or notice of address filed by you must be filed within 28 days after you receive this notice or
within such extended period as the Petitioner or the Court allows and service of a copy of the answer or
notice must be effected in accordance with the Matrimonial Cause Act.

Dated this…..day of ……………………. 2021

BY ORDER OF COURT

_____________________________
REGISTRAR
IN THE HIGH COURT OF JUSTICE: DELTA STATE OF NIGERIA
IN THE EFFURUN JUDICIAL DIVISION
HOLDEN AT EFFURUN
SUIT NO:…………………../2021
BETWEEN:
MRS. OMOZE OKEOGHENE ELOHOR - - PETITIONER
AND
MR. OMOZE CHRISTOPHER - - RESPONDENT

ACKNOWLEDGE OF SERVICES
I, ………………………………………………………………………… acknowledge that on the
……………. Day of …………………… 2021 at about …………………… am/pm I received;
a) A sealed copy of the Petition in this proceedings
b) Notice of Petition address to me.
I also acknowledge that I am the person reffered to in the sealed copy of the Petition and I am the person to
whom the notice of the petition is addressed to:

Dated the……………. Day of ……………………… 2021

………………………………….
Signature
 AUGUSTINA OJENIKOH HARRISON & CO
(LEGAL PRACTITIONER, ARBITRATOR, CONSULTANCY & NOTARY PUBLIC)

NO. 75 EFFURUN/SAPELE ROAD

BY WATER BOARD
EFFURUN
UVWIE LOCAL GOVERNMENT AREA
DELTA STATE
augustina.harrison@nigerianbar.ng
+2348062170260
AOH/GLOT/1/2020
5TH October, 2020.

THE AREA COMMANDER,

DELTA STATE COMMAND,
WARRI,
DELTA STATE.

Sir,
THREAT TO LIFE AND CALL TO SAFE GUARD THE LIFE OF MRS. OMOZE OKEOGHENE ELOHOR
We are Solicitors and our services have been retained by MRS. OMOZE OKEOGHENE ELOHOR and it is on
her apprehensive state that we make this petition to your good self. We shall simply refer to her as or client for
ease of reference.

It is the brief of our client that one MR. OMOZE CHRISTOPHER called the older brother of our client
(Maxwell Otagba) who is based in the United State of America and her cousin (Ovwigho Kagho) who stays
here in Warri on phone on the 1st day of October 2020, In the cause of the telephone conversation, the said Mr.
Omoze Christopher made statement as follows “… that somebody will go down…because his wife has refuse
to return home with him after he made attempt to settle their marital issues.”

The issue of threat to life could not be held lightly as our client had suffered series of assaults from MR.
OMOZE CHRISTOPHER while they lived together as a couple . We have advised that this matter be
brought to the Police for their information and records should there be any untoward issues arising from the
threat.

Our client has assured us that the facts as contained herein are true as at today that we make this petition to
your good self. We therefore urge your good self to cause an investigation to be made of these complaints as
same is worthy of being investigated.
We thank you in advance as we anticipate your usual speedy response and cooperation in this regards.

Yours faithfully,
FOR: AUGUSTINA OJENIKOH HARRISON & CO.

________________________
A.O. HARRISON (MRS)
Solicitor