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ADZIRA GANA MSHELIA, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of Majekodunmi J, of the High Court of Justice Sagamu, Ogun State delivered on the 9th day of March 2006.
The facts leading to this appeal are that the petitioner/appellant instituted divorce proceedings against the respondent at the High Court of Sagamu Ogun State on the ground that the marriage has broken down irretrievably. At the expiration of 28 days allowed to the respondent to file her answers to the petition, the petitioner brought an application to have the suit set down for hearing as an undefended suit. Hearing commenced on 1st February 2006, when petitioner gave evidence on his own behalf, It was later adjourned to enable the petitioner tender his marriage certificate, as the one tendered was according to the court a photocopy. At the resumed hearing on the 9th of March, 2006, petitioner tendered the original certificate which the court rejected on the ground that being a pub…