A customary court in Ibadan, sitting in Mapo Hill on Thursday, cancelled a case of infidelity against a woman after her death.
The petitioner, Marian Folalu, a housewife, had asked the court to dissolve her 20-year marriage with her husband, Kayode, about the controversy surrounding her fifth pregnancy, which she probably had for another man.
The Nigerian news agency reports that during the resumption of the hearing on Thursday, Kayode informed the court that his wife had died in May, during the pregnancy.
Consequently, Chief Ademola Odunade, the court’s President, who sympathized with the respondent, however, struck out the case.
Odunade advised Kayode to approach the appeal division of the customary court for a redress if he so desired.
Marian had told the court that the controversial pregnancy, being the subject of litigation before the court, belonged to her concubine, Ololade.
Marian, who denied that her husband was responsible for the pregnancy, told the court that her concubine, who had been sleeping with her since January of 2018, was the rightful owner of the expected child.
Oloade, in his testimony, corroborated the petitioner’ s claim that he was responsible for the pregnancy.
But the respondent dismissed the claim and and insisted that the pregnancy was his.
The court had adjourned the case until September 20 when Marian was expected to have given birth so that DNA test could be conducted to determine the paternity of the child.