All proceedings for nullity, custody, maintenance orders, presumption of death shall commence by petition per O 65r2
Headed ‘IN THE MATTER OF THE subject-matter and brought IN THE MATTER OF THE act or law which provides for application by petition addressed to the court. E.g. ‘IN THE MATTER OF THE MATRIMONIAL CAUSES ACT 1971 (ACT 367); IN THE MATTER OF A PETITION BY MR. KWASI FOR THE DISSOLUTION OF HIS MARRIAGE WITH MRS. OWUSUAA’.
Opens with ‘The humble petition of Kwasi , HSE No. ASE 87, sheweth as follows:’ facts relied on follows in sequential numbered paragraphs
Names
Addresses of cohabitation
Addresses of current residence
Details of living children either born or adopted per S 41 of MCA
Details of all court proceedings in relation to marriage or children or property
Basis of court’s jurisdiction under S 31-citizen or domiciled or resident not less 3 years and venue being where marriage was contracted.
Details of Grounds for dissolution: Adultery-date and place and if cohabiting with another date and place cohabitation started, Unreasonable Behaviour-dates sufficient evidence of behaviour by way of particulars in chronological order, Desertion-date and circumstances of departure of intent to end permanently without consenting to, Consensual separation-date and circumstance of separation.
The prayer to always include all available forms of ancillary reliefs per O 65r23. Your petitioner wherefore humbly prays for…
Tahiru Hanifa v Sayibu Hamza per G.S Suurbaareh J petitioners for dissolution or divorce of marriage should bear provisions of S 2(1) (a-f) in mind in setting down facts so court will easily discern which circumstance is being relied upon for relief