VICTOR AIMEPOMO OYELEYE OMAGE, JCA (Delivered the Leading Judgment): In this appeal, the appellant seeks a reversal of the ruling of the High Court sitting in Port Harcourt, Rivers State coram C.I. Uriri, J the ruling was delivered on 30/7/2004. By the application before Uriri, J, the application sought the setting aside of a divorce proceeding which purportedly took place on 8th November 1985.
The facts of the earlier proceedings are as follows: On 22nd March 1975, the applicant in the application before Uriri, J, entered into a marriage with Kenneth Chikwe Ariolu. At the time the applicant was a spinster. A certificate of marriage under the ordinance was issued to the parties. the children of the marriage were named as
(i) FloraKenneth Ariolu, female born on 10/9/1996,
(ii) Anoriochi Kenneth Ariolu, female, born on 22nd May, 1978, and
(iii) Kinikachi Chijioke Ariolu, male, born on 7/6/1981. After a furious skirmish in the magistrate court in which a welfare officer referred the disag…