MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): This is an appeal against a part of the judgment of the Court Appeal, Benin Division delivered on the 24th day of May, 2006 which the lower Court held that the trial Court was biased in ruling delivered in Suit No. B/I63/05/2003 on the 26th January 2004.
Dissatisfied with the said ruling of the trial Court, the appellant appealed to the Court of Appeal which upheld the trial Court's ruling that it had jurisdiction to hear and determine the 1st respondent originating summons but allowed the appeal on the ground that the learned trial Judge was biased.
Also aggrieved by the part of the lower Court's judgment the 1st respondent has cross-appealed with the leave of this Court granted on the 22nd June, 2009.
Facts briefly stated:
On 20th September, 2001, the 1st respondent (as plaintiff) filed Suit No. UBACC/26/2001 against the 2nd respondent at the Esan South East Area Customary Court, Ubiaja, for the dissolution of marriage.
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