MARY U. PETER-ODILI JCA (Delivering the Leading Judgment): This is an appeal against the Ruling of the Honourable Justice Theresa N. Orji-Abadua of the Federal Capital Territory High Court NO.7 sitting at Bwari FCT delivered on Monday 19th June 2006 wherein the learned trial Judge in the ruling on preliminary objection on points of law urging the trial court to strike out the Divorce petition filed and pending in that court by the petitioner/respondent herein dismissed the said preliminary objection.
FACTS STATED BRIEFLY
By a Notice of Petition filed on 1/3/05 together with other relevant documents, the Petitioner/Respondent in this appeal sought a decree for the dissolution of his marriage to the Respondent/Appellant in this Appeal. By an order for substituted service, the Appellant was served in New York USA where she resides and is domiciled with the petitioner and the three children of the marriage, the petitioner as PW1 on 27/7/05 gave and concluded his evidence and was cross exa…