Tokes Adleye v. Magaret Modupe Driscal
14-14-00822-CV
| Tex. App. | Jul 21, 2015Background
- Petitioner Margaret Modupe Driscal filed for divorce in Harris County, Texas, alleging a valid traditional marriage to Tokes Tosin Adeleye on May 18, 1984 in Nigeria; the parties lived together, had three children, and co‑shared expenses.
- No Nigerian marriage certificate/license or documentary proof of any earlier marriage was produced at the temporary orders hearing (Jan 7, 2014) or final trial (Sept 23–24, 2014).
- Trial court heard testimony (including an expert on Nigerian customary/proxy marriages) and numerous exhibits (letters, photos, checks) and found the May 18, 1984 Nigerian traditional ceremony constituted a valid marriage.
- The court dissolved the marriage, awarded Driscal Texas real property and personal property as her separate property, awarded various Georgia properties to Adeleye, and allocated debts between the parties.
- Adeleye previously litigated related JP court matters involving the same Texas property; he asserted ownership but failed to produce documentary title proof at trial.
Issues
| Issue | Plaintiff's Argument (Driscal) | Defendant's Argument (Adeleye) | Held |
|---|---|---|---|
| Whether the Nigerian traditional ceremony (May 18, 1984) produced a valid marriage | The traditional/proxy wedding in Nigeria is a valid marriage under Nigerian rules and recognized in the U.S.; parties lived together and held themselves out as married | Claimed earlier marriages/divorce that could render the Nigerian marriage void; challenged proof of the Nigerian ceremony | Court found the Nigerian traditional marriage valid based on witness testimony, expert opinion, and documentary evidence; marriage dissolved (divorce granted) |
| Whether Adeleye had adequate notice that an expert on Nigerian customary marriages would testify | Expert (Michael I. Ejeh) was timely listed in Driscal’s First Amended Designation of Fact and Expert Witnesses (July 11, 2014) | Argued surprise or lack of notice (implied) | Court allowed the expert; record shows notice three months before trial and Adeleye cross‑examined the expert |
| Whether the trial court had personal jurisdiction over Adeleye | Driscal: petitioner was domiciled/resident in Texas; Texas law permits jurisdiction over nonresidents when statutory bases exist and minimum contacts present | Adeleye: contested Texas jurisdiction (asserting lack of ties) | Court found personal jurisdiction: Driscal domiciled in Texas; Adeleye had sufficient contacts (repeated visits, property purchases, prior Texas litigation) and made general appearances at hearings |
| Whether the court had in rem jurisdiction over the Texas property | Driscal: property was subject to the divorce proceedings; Adeleye acted as promoter/claimed corporate ownership but no corporation proved | Adeleye: asserted ownership and non‑Texas ties of property | Court exercised in rem jurisdiction; evidence and prior JP filings showed Adeleye’s assertions and dealings concerning the Katy property though title documentation was not produced by Adeleye |
Key Cases Cited
- Fantasy Ranch, Inc. v. City of Arlington, 193 S.W.3d 605 (Tex. App. - Fort Worth 2006) (newly discovered evidence and diligence standard for motions for new trial)
- McMahan v. Greenwood, 108 S.W.3d 467 (Tex. App. - Houston [14th Dist.] 2003) (same; preservation of complaint/new evidence principles)
- Pat Baker Co. v. Wilson, 971 S.W.2d 447 (Tex. 1998) (appellate error preservation and unassigned error principles)
- Exxon Mobil Corp. v. Hines, 252 S.W.3d 496 (Tex. App. - Houston [14th Dist.] 2008) (appellate review standards)
- Reynolds v. Reynolds, 2 S.W.3d 429 (Tex. App. - Houston [1st Dist.] 1999) (personal jurisdiction/minimum contacts analysis)
- Wells v. Hiskett, 288 S.W.2d 257 (Tex. Civ. App. - Texarkana 1956) (actions regarding corporate property and party capacity)
- Orbeck v. Allen, 276 S.W. 947 (Tex. Civ. App. - Waco 1925) (deeds as contracts; deed execution and delivery)
- Aloe Ltd., Inc. v. Koch, 735 S.W.2d 364 (Tex. Civ. App. - Corpus Christi 1987) (promoter liability where corporation not formed)
- Fish v. Tandy Corp., 948 S.W.2d 886 (Tex. App. - Fort Worth 1997) (corporate/promoter contract liability)