her. This type of conduct is contrary to a normal marriage relationship. I see, no reason why plaintiff should come to seek a divorce on that basis when defendant is also claiming the same right. If this was true, I see no reason why defendant should be clamoring for sexual intercourse if plaintiff is also eager to indulge. [37] Taking into consideration the evidence of the parties, I find that plaintiff was not truthful that defendant is refusing him conjugal rights. Plaintiff orchestrated this marriage for reasons other than forming a family, but, for other reasons which are only known to himself. This was a sham marriage. [39] In view of the fact that the marriage was valid, but, was not consummated, it is, therefore, voidable and qualifies for nullification. In the result the following is the order of court: The marriage contracted by the parties on the 28 October 2011 at Outapi Magistrate Court is nullified. All the benefits which accrued to the parties as a result of this marriage are cancelled as being of no force or effect. Each party must pay its own costs. ------------------------------ M Cheda Judge APPEARANCES PLAINTIFF: F. Kishi
her. This type of conduct is contrary to a normal marriage relationship. I see, no reason why plaintiff should come to seek a divorce on that basis when defendant is also claiming the same right. If this was true, I see no reason why defendant should be clamoring for sexual intercourse if plaintiff is also eager to indulge. [37] Taking into consideration the evidence of the parties, I find that plaintiff was not truthful that defendant is refusing him conjugal rights. Plaintiff orchestrated this marriage for reasons other than forming a family, but, for other reasons which are only known to himself. This was a sham marriage. [39] In view of the fact that the marriage was valid, but, was not consummated, it is, therefore, voidable and qualifies for nullification. In the result the following is the order of court: The marriage contracted by the parties on the 28 October 2011 at Outapi Magistrate Court is nullified. All the benefits which accrued to the parties as a result of this marriage are cancelled as being of no force or effect. Each party must pay its own costs. ------------------------------ M Cheda Judge APPEARANCES PLAINTIFF: F. Kishi
Ge%20v%20Ge%20%20(I%20208-2016)%20[2017]%20NAHCNLD%2058%20(23%20June%202017).docx