By Kayode Olabanji
My husband has pushed me into debts worth millions of naira which he collected through me at a Micro-finance bank, in a bid to become the Chairman of Akoko South West Local Government.
” He used the money for electioneering campaign. But unfortunately, he failed at the primary level.”
This was the testimony of a 42-year -old woman, Mrs Toyin Omoare, before the Grade B Customary Court sitting in Oke-Eda, Akure.
Toyin, the defendant in a divorce suit instituted by her husband, Mr Samuel Abiodun Omoare, gave the evidence in a counter-claim she filed through her lawyer, Morakinyo Ogele.
The petitioner, Mr Omoare, had earlier dragged her before the court, on grounds of being a trouble maker .
Omoare, had earlier told the court that the defendant is not his wife, but just a friend, whom he came across in 2014, when she needed an accommodation.
“I only assisted her into my own apartment. But one thing led to the other, and we started living together, while the relationship produced a three-year-old girl.
But Toyin, who denied all the allegations leveled against her, said the petitioner was just trying to be smart by seeking for divorce in order not to refund the money he borrowed through her at a micro finance bank.
” Now, he wants to terminate the relationship between us, because he does not want to pay the money to the bank. I am ready to get my money back,” she insisted.
In the same vein, counsel to the respondent/counter-claimant, Mr Morakinyo Ogele, urged the court to discountenence all the allegations leveled against his client by her husband.
He said that the man was only looking for a way to deny the money he borrowed through the woman.
Ogele, therefore tendered the documents in which the petitioner incorporated his signatures as witness and how the money was given in batches to him by his wife.
The documents were tendered before the court, and marked as Exhibits CC1, D1 to D5.
With the presentation of the documents, it was observed that all the papers bore the petitioner’s names and the dates, which he collected the loan, including the photocopies of the landed documents he submitted as collateral to obtain the loan.
During the hearing, the court noticed from the oral and documentary evidence of both parties in the case, that there was no more love between them.
The court also noted that it was not in doubt that no formal marriage existed between both parties.
“It is of the court opinion that the exhibit CC1 was declared by the Counter-Claimer,(defendant) and it was signed by the respondent /plantiff, when there was no quarrel between them. The petitioner is only being dishonest.
When the court examined Exhibit CC1 with Exhibit D1 to D5, it was found that the petitioner’s signatures, still on all the documents are similar.
“Consequent upon their gross that the plantiff signed exhibit CC1 in acknowledgement of the money received from the Counter-claimer when the going was good. And also, the Counter-claimer has proved dishonesty against the petitioner. Therefore, she is entitled to judgement against the petitioner
In his jugdement, the Presiding President, Mr R. F Olusanya, ordered the plantiff, Mr Samuel Abiodun Omoare, to pay the sum of N500,000 (five hundred thousand naira), to the defendant, being the money borrowed from her and five thousand naira, for the petitioner’s disguisement without any molestation or harassment from either quarter.
“Both parties are free to come for the duplicate of the judgement. And anyone who is not satisfied with this judgement can approach the Appeal Court,” the court held.
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