A mother-of-six requested the Court of Appeal in Benin City to annul the injunction on which her exiled husband had depended to oust her from her matrimonial home.
Mrs. Agnes Ikpea, 64, who has six adult children with her exiled husband, Chief Leemon Ikpea, was thrown out of their home in Banana Island, Lagos.
Her exiled husband, Chief Ikpea, made a petition to the Edo State High Court in Benin demanding the dissolution of his 39-year-old marriage to Agnes. In addition to the appeal, Chief Ikpea also lodged an ex-parte application urging the court to order his wife to leave the marital home on Banana Island.
Justice Acha declined to consider Mrs Ikpea’s offer to move the case to Lagos on the assumption that all parties live in the state.
Justice J. I. Acha granted the husband’s appeal on 17 February 2021.
The judge, however, ordered the petitioner to find adequate housing for his wife across the island.
The judge ruled: “It is hereby ordered that petitioner should provide a suitable apartment by way of accommodation within Victoria Island, Lekki axis or anywhere convenient within Lagos outside Banana Island, Ikoyi, Lagos forthwith.”
Following the ruling, Mrs. Ikpea’s lawyers filed an appeal, which they served to Chief Ikpea and his lawyers in Benin.
Agnes’ counsel, while faulting the order of the high court said: “Ordering the respondent to vacate her matrimonial home during the pendency of divorce proceedings has the effect of determining the divorce case prematurely.”
They also demanded a stay of execution of the order and an injunction restraining Chief Ikpea from carrying out the order before the hearing of her appeal.
Mrs Ikpea, however, reported that her husband had dismissed the appeal and the motion for a stay of execution and had gone ahead to kick her out. She said that, with the assistance of a few heavy men, her husband cast her out bare-footed, without supplying her with any appropriate alternative housing as directed by the court.