Finally on the 3 condition for maintenance, it is the case of the Petitioner that the
Respondent brought a woman to live with her and the Respondent in their
matrimonial home in December, 2001. She cited an instance when she was
verbally and physically assaulted by the Respondent. On the 17th April, 2002, the
Police and neighbours had to intervene. Besides, she has had to pay for herself
and the child when the Respondent refused to provide feeding allowance. Her
departure from their matrimonial home was on account of the unbearable and
intolerable conduct of the Respondent. The Respondent denied all the
Petitioner's allegations rather it was a case of Counter accusation as he testified
that it was Petitioner who made life so unbearable to his two elder daughters to
the extent that he had to send them away from home."
At page 88 of the Record of Appeal the trial Court made the following findings on
the conduct of the parties thus:"Upon a thorough evaluation of the facts presented to this Court together with
the factors considered in the Hayes v. Hayes case my answer to issue 3 is in the
affirmative."
In arriving at its decision that it is proper to award maintenance to both the
Petitioner and the child the Court said at page 88 of the record of Appeal thus:"Both the petitioner and the only child of the marriage are entitled to
maintenance payable by the Respondent However, the Court's award will be
informed by the financial capabilities of the Respondent."
It is in evidence before the Court that the Appellant has two houses, he lives in
one of the houses while the second house is given out on rent. However the
Appellant failed to disclose the rent generated from the said house which could
have been of assistance to the Court in assessing his correct means. The actual
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