UDOMA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the order the Western State Court of Appeal summarily dismissing an appeal no.CA W/68/69 a matrimonial cause. Only one short but important point of practice has arisen for consideration and decision in the appeal.
The circumstances which gave rise to the appeal are these:-
On 29th September, 1967, the respondent herein as petitioner, filed in the High Court of Ibadan, suit no. 1 /191 /67 a petition of divorce for the dissolution of his marriage with the appellant, who was therein respondent. On 4th November, 1967, the appellant duly filed her answer to the petition. On 14th March, 1968, when the petition came up for hearing Mr. Aderemi, learned counsel for the appellant, sought and obtained leave to withdraw from the case as, according to him, he had been instructed by the appellant not to contest the petition. He accordingly withdrew.
The court then proceeded with the hearing of the petition, and on 15th March…