SIDI DAUDA BAGE, J.C.A (Delivering the Leading Judgment): This is an appeal against the ruling/order of the High court of Justice, Enugu State (hereinafter referred to as "The lower Court") delivered on 27th day of June 2003 by Umezulike J, wherein he assumed jurisdiction, heard and determined the application for Ancillary Relief. Aggrieved by the decision of the lower court supra, the appellant appealed to this court.
The facts of the case which gave rise to this appeal are briefly summarized here under. The Respondent in the above appeal (as Appellant) instituted the substantive Suit against the appellant (as Respondent) at the High Court of Enugu State (sitting at Enugu) per motion on Notice dated and filed on 5-3-2002 claiming custody of the three children of the marriage between the parties all of whom had been with the Appellant since the Respondent left the matrimonial home in April 1997. The said motion was filed by the Respondent along side a motion Ex-parte for interim order…