GALADIMA J.C.A. (Delivering the Leading Judgment): The respondent was the petitioner in Suit No. WD/195/95 before the Lagos High Court. She filed a petition against the appellant for decree of dissolution of marriage on the sole ground that the marriage has broken down irretrievably by reason of the parties to the marriage having lived apart for a continuous period of at least three years immediately preceding the presentation of the Petition.
On 13th February, 1997, the trial Judge granted an order of Decree Nisi for the dissolution of the marriage between the appellant and the respondent. He also granted custody of the only child of the marriage to the petitioner. The responsibility for the education of the child from kindergarten school to the University Education level and the cost of such education was to be borne by the petitioner, while the appellant had free access to the child during reasonable hours of the day.
The appellant was dissatisfied with this judgment and has accor…