HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This appeal emanates from the judgment of the High Court of the Federal Capital Territory Abuja delivered on the 1st March, 2005 by Bello, J wherein the marriage contracted between the petitioner/respondent and the respondent/appellant under the Marriage Act on 19th December, 1987 was dissolved on the ground of irretrievable breakdown thereof. The cross petition filed by the appellant seeking, inter alia, for dissolution of the marriage on ground of adultery and desertion was not properly countenanced and determined.
The appellant being dissatisfied with that decision filed a notice of appeal on the 4th April, 2005 that was predicated on seven grounds as reproduced hereunder without their particulars:
Ground One
The learned trial judge erred in law when he held that "the type of marriage that would have gotten into conflict with a subsisting marriage under the Matrimonial Causes Act should be a marriage subsequently contracte…