The Court of Appeal in Port Harcourt, Rivers State, has upheld the judgment against popular radio host Daddy Freeze (Ifedayo Olarinde) for adultery.
Earlier, a Rivers State High Court had ordered Daddy Freeze to pay N5m to Paul Odekina, whose wife, Benedicta Elechi, had committed adultery with him. The court also dissolved the marriage due to Benedicta's infidelity.
"The sum of N5,000,000 is awarded against Ifedayo Olarinde (the 2nd Cross Respondent to the Cross Petition) as damages for depriving the Cross Petitioner of the amiable consort of his wife (Petitioner/1st Cross Respondent) and for injury suffered as a result of his adultery with the Petitioner/Cross Respondent," the court held.
Daddy Freeze appealed, arguing that he was not properly served with court papers and that the service by courier was ineffective.
However, a three-man appeal panel dismissed his appeal for lack of merit, stating that he should have filed a counter-affidavit and sought to set aside the judgment if he wanted to overturn it based on non-service.
It partly reads,
"Affidavit evidence can only be countered by a Counter Affidavit. As such, I found the procedure adopted by the Appellant alien to our jurisprudence.
"Where the Appellant wants the judgment of the trial court to be set aside for non-service, he ought to have approached the trial court by filing a Counter affidavit against the affidavit of service he seeks to set aside and consequently set aside the judgment of the trial court. Thus, as it is in the instant appeal there is nothing filed by the Appellant to counter the affidavit of service of the Process Server filed in
"Hence, therefore, I resolved the sole issue for determination against the Appellant and in favour of the Respondents. The appeal therefore lacks merit and it is hereby dismissed
"Accordingly, the judgment of the Rivers State High Court in Suit No. PHC/403MC/2012 delivered on the 18th February 2021 by J. Akpughunum, is hereby affirmed. I make no order as to costs."
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