ITA GEORGE MBABA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the interlocutory Ruling of Abia State High Court in Suit No. A/6D/2012 (a divorce petition), delivered on 22nd day of January, 2013, by Hon. Justice C.C.T Adiele, wherein the learned trial judge struck out the motion filed by the Respondent/Applicant on 2/7/12, that it was an abuse of the motion filed on 16/5/2012.
Appellant was the Respondent at the Court below, in the divorce proceeding, filed by the Plaintiff (Respondent herein) on 3/4/12, seeking:
(a) Dissolution of the marriage contracted between the Petitioner and the Respondent on 13th day of April, 1996 on the ground that the marriage has broken down irretrievably.
(b) Custody of the only child of the marriage.
Appellant, on 16/5/12, filed a preliminary objection to the Petition. She also filed (in protest) on the same date (16/5/12) the Answer to the petition, to which the Petitioner filed a Reply on 18/5/12. On 2/7/2012 Appellant (as Respondent…