An Igbosere high court has dissolved the marriage between OAP and author, Toke Makinwa and her estranged husband Maje Ayida. Toke had filed for divorc
An Igbosere high court has dissolved the marriage between OAP and author, Toke Makinwa and her estranged husband Maje Ayida. Toke had filed for divorce on March 9, 2016 on the grounds that Maje committed adultery.
Justice Morenike Obadina, while delivering judgment held that Ayida filed an answer to the petition but did not give oral evidence in support of it. She said the position of the law was settled as pleadings did not amount to evidence.
“Pleadings on which no evidence was led are deemed abandoned. Therefore, Ayida’s evidence is deemed abandoned. The effect being that the petitioner’s evidence is unchallenged and uncontroverted,’’ she ruled.
The judge said the issue of cruelty which the petitioner (Toke) relied on was established because of the mental and emotional stress she was subjected to by Maje. Toke Makinwa had told the court that Maje committed adultery with his mistress, Anita Solomon, adding that the relationship produced a child. She said since their marriage was contracted, the husband had behaved in a way she could not reasonably be expected to continue to bear. She also said the husband was cruel towards her, adding that their differences became irreconcilable.
During the trial, Toke testified in court and tendered some documents including their marriage certificate which were admitted in evidence. In her testimony, she said that after their marriage was contracted in 2014, co-habitation with Maje ceased on Nov. 8, 2015, without any child.
She also told the court of an instance where Maje Ayida threatened separation and even drafted a separation agreement because she discovered that he bought a ticket for Anita to travel to London.
Maje Ayida who replied to the petition when served, however, instructed his counsel not to continue with the defence. Anita, who is the second respondent, refused to join issues with Toke.
