A mother of six, Agnes Ikpea, has sought an order of the Court of Appeal in Benin to void an order being applied by her husband, Leemon Ikpea, to evict her from their home on the Banana Island, Lagos State.
Ikpea had filed a petition before the Edo State High Court where he urged the court to dissolve his 39-year-old marriage to Agnes and an order of the court asking the latter to vacate their matrimonial home on Banana Island.
Justice J. I. Acha of the Edo State High Court had on February 17, 2021, granted the application and ordered Leemon to provide suitable accommodation for his wife around Victoria Island, Lekki or anywhere convenient in Lagos outside of Banana Island, Ikoyi, pending the determination of the substantive suit.
Justice Acha had then adjourned till March 3, 2021, for further hearing in the matter.
Counsel to the respondent, in conseqence of the ruling, filed an appeal for a stay of execution of the order and an injunction restraining her estranged husband from carrying out the order pending the hearing of her appeal.
She however alleged that her husband had disregarded both her appeal and the motion for stay of execution and threw her out of their matrimonial home, even while failing to provide alternative accommodation as directed by the court.
According to 64-year-old Agnes, some hefty men sent her packing bare-footed without Leemon making arrangements for where she would stay. She then urged the Court of Appeal to void the order of the state high court obtained by her husband.
Her counsel, who faulted the order of the high court maintained: “Ordering the respondent to vacate her matrimonial home during the pendency of divorce proceedings has the effect of determining the divorce case prematurely.”