MRS. GLORIA NKOLIKA IMOH V. CHIEF EVARISTUS IMOH

EBIOWEI TOBI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Hon. Justice E. O. William-Dawodu (Mrs) formerly of the Lagos State High Court wherein the Preliminary Objection of the Appellant (Respondent in the lower Court) was dismissed. The objection of the Respondent was basically on the premise that the lower Court lacked jurisdiction as the Petition was not commenced in line with the provisions of Order v. Rule 10 of the Matrimonial Causes Rule. The lower Court dismissed the 6 grounds of the objection and held on page 60 of the record thus:

“….In this regard, the Court therefore as aforesaid is able to allow the hearing of the motion in order for the non-compliance to be taken care of within the provisions of Order XXI R. 2 of the Matrimonial Causes Rules.

In the result, I hereby over rule the objection and set the motion down for hearing.”

The Respondent at the lower Court dissatisfied with the ruling filed this appeal and as such became the Appell…