ABBA AJI, JCA (Delivering the Leading Judgment): This appeal is against the decision of Hon. Justice F.O. Akinbami of the Edo State High court holden at Benin City in suit No. B/875/2000 delivered on the 19th day of March, 2002 wherein the learned trial Judge dismissed the petitioner's petition for dissolution of marriage, but granted the cross petition of the respondent for decree NISI and other ancillary reliefs.
The appellant who is a medical practitioner was the petitioner in the lower court. He petitioned the lower court for the dissolution of his marriage with the respondent/cross petitioner on the ground that the marriage has broken down irretrievably. He claimed inter alia in paragraph 17 of his amended petition, the following orders:-
"(a) A decree for dissolution of marriage on the ground that the marriage has broken down irretrievably.
(b) An order of the court granting the custody of the 2(two) children namely; Orode Nanna and Mofe Nanna to the petitioner as adequate arran…