Pius Omoregha v. Kehinde Omoregha
366566
Mich. Ct. App.May 19, 2025Background
- Plaintiff Pius Omoregha filed for divorce from defendant Kehinde Omoregha in 2021, seeking equitable division of marital property and debts, after marriage in 2004.
- After trial, the court ordered sale of the marital home, with proceeds divided equally, and an equal division of the marital portion of both parties' 401k accounts.
- Defendant alleged the plaintiff held undisclosed assets in a Nigerian bank account and owned real estate in Nigeria, asking the court to include these in the marital estate.
- Plaintiff denied owning real estate in Nigeria or having significant undisclosed assets abroad, admitting only to an unused Nigerian bank account.
- Defendant attempted to introduce purported Nigerian bank statements and pointed to U.S. bank transfers labeled "real estate purchase" as evidence; the court found no credible support for these claims.
- The trial court's division of property was appealed; the appellate court affirmed the trial court's rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of Nigerian bank statements | Bank statements not authentic or relevant | Statements showed undisclosed assets | Exclusion affirmed; no foundation/authentication |
| Treatment of alleged Nigerian real estate | Denied any ownership in Nigeria | Plaintiff owned real estate in Nigeria based on U.S. bank transfers | No evidence of ownership; no error in division |
| Equitable division of marital property | Division was fair and based on evidence | Division inequitable without including Nigeria assets | Division affirmed as fair and equitable |
| Consideration of witness credibility | Both parties inconsistent but no proof offered | Emphasized plaintiff lacked candor, supporting her asset claims | Trial court given deference on credibility |
Key Cases Cited
- Kuebler v. Kuebler, 346 Mich App 633 (business records evidence and abuse of discretion standard)
- Elher v. Misra, 499 Mich 11 (standard for abuse of discretion)
- Butler v. Simmons-Butler, 308 Mich App 195 (property division standards in divorce)
- Seifeddine v. Jaber, 327 Mich App 514 (appellate briefing requirements and credibility deference)