SIDI DAUDA BAGE, JCA (Delivering the Leading Judgment): This is an Appeal against the Judgment of Hon. Justice R.N. Pemu (Mrs.) (as he then was) sitting at High Court of Delta State, at Effurun Judicial Division, delivered on the 29th day of November, 2005 in which the Appellant was the Respondent. The Notice of Appeal filed by the Appellant to initiate this action is dated the 19th of January 2006 and contains nine (9) Grounds of Appeal.
The background facts to this action is as follows:
The Petitioner/Respondent filed a petition on 18th February 2005 praying the court for the dissolution of the marriage between the Petitioner/Respondent and the Respondent/Appellant. The Petitioner/Respondent alleged in his petition that the Respondent/Appellant left the Matrimonial home on 18th October 2002 in the absence of the Petitioner/Respondent. Without waiting for effluxion of the period of three years as provided in Section 15(2)(f) of the Matrimonial Causes Act LFN 2004, the Petitioner/Resp…