REGINA OBIAGELI NWODO, JCA (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of the Federal Capital Territory holding at Zuba delivered on the 27th of June, 2008, in the petition of the appellant in Suit No. FCT/CV/Pet/94/07.
The Appellant as petitioner, in the High Court filed a petition against the present Respondent for the dissolution of their marriage contracted in accordance with the Marriage Act on the 21st of April, 1990 at All Saint Cathedral Church Onitsha, Anambra State. The Appellant and the Respondent cohabited at Army Barracks Onitsha, Anambra State after the marriage and later in the year 2000 moved to No. 4, Persian Gulf Close, Maitama, Abuja.
The marriage is blessed with 3 children namely:
(i) Chukwuebuka Eniola Bibilari born on 6/12/1992
(ii) Chetachukwu Tomilola Bibilari born on 4/1/1994
(iii) Joy Durotimi Bibilari born on 13/10/2005.
The grounds of the petition are as follows:
(1) That the Petitioner finds the Respondent in…