MRS. HELEN ANIOKE V. MR. BEN CHARLES ANIOKE

OREDOLA JCA (Delivering the Lead Judgment): This appeal is against the judgment of Effiong, J. of the High Court of Justice, Cross River State, holden at Calabar. The said judgment was delivered on 25 June 2008. The respondent in this appeal was the petitioner at the trial court, vide his petition which was filed on 17 January 2006. The said petition sought for the dissolution of the marriage solemnized on 16 July 1988 under the Matrimonial Causes Act, in Lagos between the petitioner and the appellant herein, who was the respondent at the trial court. The petition was predicated on the grounds of irretrievable breakdown of the said marriage. Paragraphs 8 and 10 of the petition which contained the facts and grounds relied upon for the dissolution of the marriage sought by the petitioner are reproduced below as follows:

“8. The facts relied upon by the petitioner are as follows:

a. The petitioner and the respondent have lived apart for 2 years.

b. The respondent stopped cohabiting with…