The decision of the court is unanimous.
A brief history of the proceedings is as follows:
The petition in this matrimonial litigation was filed on 19th December 1994. A cross petition was filed on 30th January 1995. On 18th February 1997 the trial judge made the following order whereby the marriage was formally annulled. She stated "Upon both parties agreeing that the marriage broken down beyond reconciliation and being convinced that it is so it is hereby ordered that the marriage contracted between he[sic] parties in London in 1983 be annulled. The Registrar to draw up the divorce order". The main relief having been obtained the suit proceeded with the testimony of the Petitioner until the 24th day of June 1999. Prior to this day the trial judge had on several occasions encouraged the parties to settle the outstanding anciliary reliefs to no avail. They were namely devolution of property acquired during the subsistence of the marriage and custody of two issues from the marria…