OYEBISI FOLAYEMI OMOLEYE, J.C.A.(Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Plateau State in the Jos Judicial Division (hereinafter called the trial Court) delivered on 19th of April, 2016 in Suit No. PLD/J306/2015 per P. D. Damulak, CJ.
The background facts of this matter are that, on 29th of October, 2015, the Appellant as petitioner filed a petition at the trial Court for a decree of the dissolution of marriage against the Respondent. Upon the service of the said petition on the Respondent, she filed a Notice of Preliminary Objection on 1st of February, 2016 in opposition on the grounds that the petition was caught by the doctrine of res judicata and an abuse of Court process, the same subject matter of the petition between the same parties having been determined by the trial Court vide an earlier petition/cross-petition in Suit No. PLD/J306D/2011. The written addresses in support and contestion of the preliminary objection were set…