20 yrs Marriage On The Brink As Wife Is Accused Of Sleeping With Pastor.

FROM THE COURTROOM
DILKON VS DILKON- Court Admits Document, Says It's Vital

High Court Of Jos, Plateau State, Nigeria

By Udante Ugante

Justice David Mann of High Court 3 Jos, Plateau State, Nigeria today admitted in evidence Apex News Magazine publication of October 10^th, 2014 in evidence in the ongoing divorce case between Mrs. Joy Dilkon (Petitioner) and Hon. Leonard Dilkon (Respondent and cross Petitioner). Counsel to the respondent, Francis Okafor had sought to tender the document but both counsel to the Petitioner, Mrs. J. L. Usoroh and that of the party cited, (Evangelist Danjuma Fwenji) Tayo Otitoju vehemently objected arguing that the same document was sought to be tendered in October, 2015 but was rejected and is so marked. According to the Counsel, “it is our submission that where a document is tendered but rejected that it cannot be re-admitted in the same proceeding. Furthermore, we argue that such document though, private but is public document and can be only tendered through a librarian.”

Counsel to the Petitioner further cited relevant authorities to support their position and urged the court to reject the application to re-tender document that was once rejected on the same matter adding that anything contrary, will amount to the court sitting on appeal on the matter.

However, Counsel to the respondent argued on point of law and urged the court to discountenance the authorities cited by counsels to the Petitioner and party cited and further drew the attention of the court to the fact that there were three (3) substantive matters before it which include:

- Case 1 Petition by the Petitioner

- Case 2 Cross Petitioner

- Case 3 A case against the party cited.

“So my Lord is writing three judgments. That is the position of the law. Consequently, it is our submission that a document in case 1 may be rejected but admitted in case 2 on the same proceeding depending on the specific purpose for such document which is being sought to be tendered”. He gave an instance of a titled document without stamp duty paid upon which can be admitted as payment receipt but not document conferring ownership of property. He cited (Supreme Court judgment) Okond Vs Njokama 1999 Nigeria Law Report part 638 pg 250.

He added that all the authorities cited by the Counsel to the Petitioner and the parties cited have no semblance to the current matter. “In the present case, it is not that we are re-tendering but this is a document that has already been pleaded as contained in paragraph 2 (A) of the respondent’s statement on oath unlike last year when we wanted to tender for the purpose of cross examining the petitioner which was rejected because it was not pleaded.

“My Lord, I urge you to accept this application because it is already pleaded in paragraph 2 (A) and are document the Respondent is relying on to prove that the party cited (Evang. Danjuma Fwenji) is a fake man of God and if not accepted, will amount to denying the respondent his source of prove that Evang. Danjuma Fwenji is fake and home breaker. I therefore, urge you to dismiss their submission.

In his ruling, Justice Mann said that having considered the submissions of all counsels, that the authorities cited by counsels to the petitioner and the party cited had no link whatsoever to the current matter and therefore admitted the document as evidence and marked exhibit 10. The case was adjourned to Wednesday, 9^th November, 2016 for cross examination.

It will be recalled that in 2014, Mrs. Joy Dilkon had petitioned the court for the dissolution of marriage against her husband, Hon. Leonard Dilkon on the ground that the marriage has broken down irretrievably. In his response and cross petittion, Hon. Dilkon is seeking the following reliefs.

An order dismissing the petition, a decree of dissolution of marriage between the petitioner and the respondent, on the ground that since seven years, the Petitioner has behaved in such a way that the Respondent cannot reasonably expected to live with her because she has been committing adultery with one Evangelist Danjuma Goshwe Fwenji.

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