CHIDI NWAOMA UWA, JCA (Delivering the Leading Judgment): The appeal is against the judgment of the Kwara State High Court delivered on 7th day of February, 2017 by H.A. Saleeman, J., where the Appellant was the Respondent and the Respondent the petitioner for the dissolution of their marriage solemnized on 22nd December, 2012. The marriage was blessed with a male child Alfred Ojeniran born on 21/4/14.
The background facts are that the Respondent petitioned against the appellant for a dissolution of his marriage on the ground that the marriage had broken down irretrievably, in that the Appellant deserted the Respondent. The respondent gave evidence at the trial Court and his father testified on his behalf. The learned counsel to the appellant rested his case on the evidence adduced by the Respondent as petitioner. At the close of the trial, the learned trial judge held that the marriage between the parties had broken down irretrievably under Section 15(2) (c), (d), (e) and (f) of the Ma…