SULE AREMU OLAGUNJU, JCA (Delivering the Leading Judgment): The appeal is from the decision of Nebo, J., of the Enugu Judicial Division of the Enugu State High Court in which the divorce petition filed by the respondent before this court as the husband of the appellant herein praying for dissolution of their marriage was granted and the marriage was dissolved upon order nisi granted on 1/12/97 that became absolute three months later.
The facts from which the dispute arose are succinctly that following failure of the appellant to reply to the respondent's petition until about 21 days after the time stipulated in the notice of petition to do so the petition was heard as an undefended suit but without putting the appellant on notice of the proceedings.
On the events leading to hearing of the suit as undefended, it is common ground that the notice of petition to which a sealed copy of the petition was attached was filed on 24/3/97 in paragraph 9 of which the appellant as the respondent w…