KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Enugu Division delivered on 15/12/2004 dismissing the appellant's appeal and upholding the decision of the High Court of Anambra State, sitting at Onitsha, which granted the respondent's reliefs as claimed.
The facts of the case are that on 28/6/1958 the late Engineer Theophilus I. O. Nzegwu married the 1st Respondent (Mrs. Grace O. Nzegwu) in London, UK. The 2nd and 3rd respondents are the surviving issues of the marriage. The said marriage broke down irretrievably consequent upon which the deceased and the 1st respondent filed a petition and cross-petition for the dissolution of the marriage. On 30/9/96 the High Court of Anambra state sitting at Onitsha, with the consent of the parties granted a decree nisi dissolving the marriage.
On 7th July 1995, during the subsistence of his legal marriage to the 1st respondent, the deceased entered in…