Emeka Ike has informed a Lagos Island Customary Court that he had filed an application before a High Court restraining the lower court from hearing the divorce suit filed by his estranged wife of 16 years, Emma. She filed the suit on grounds of incessant battery, an allegation which Emeka denied.
When the matter which was slated for judgment came up today, Emeka’s lawyer, informed the court that his client had filed a stay of proceedings before a High Court in Lagos.
The application sought the High Court’s declaration that the lower court lacked requisite jurisdiction to entertain and determine the divorce suit since the marriage was conducted in Enugu State under the Igbo customs and traditions.
It also urged the High Court to declare that all the proceedings already conducted by the court be rendered null and void. Emeka also applied for a perpetual injunction restraining the Customary Court’s President and any other person appointed to handle the case.
His lawyer, therefore, urged the court to stay proceedings on the suit pending the determination of the suit at the High Court. Opposing the application, Emma’s lawyer, Iheanyi Awa, urged the court to discontinue the stay of application and deliver judgment.
He said Emeka’s application was aimed at arresting the court’s judgment, he informed the court that neither his client nor himself had been served with the application. “It is a ploy to frustrate my client, they just want to delay the judgment till another day. The court should give its judgment and if they are not satisfied, they can appeal,” he added. .
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After listening to the submissions of both parties, the court said; “In view of the submission of the respondent, the stay of proceedings is hereby granted, and the matter is hereby adjourned sine die.”
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