FATAYI-WILLIAMS, J.S.C.: In Suit No. HD/41/66 filed in the High Court of Lagos, the petitioner (now appellant) filed a petition against the respondent praying for the dissolution of their marriage on the grounds of adultery, desertion and cruelty. He also prayed that he might be granted custody of the children of the marriage. The respondent, in her answer to the petition, denied the allegations of adultery, desertion and cruelty and also cross-petitioned for the dissolution of the marriage but only on the grounds of desertion and cruelty. She also prayed that she might be granted the custody of the children. One Bola Lawal, the person cited as co-respondent by the petitioner filed a memorandum of appearance but filed no answer and took no part in the proceedings.
On 11th May, 1967, the date on which both the petition and the cross-petition were set down for hearing, the petitioner indicated to the Court that he could not go on with his petition in the absence of his counsel who was th…