OLUFUNLOLA OYELOLA ADEKEYE, JCA (Delivering the Leading Judgment): The substance of this appeal is the setting aside of the two rulings of the High Court of Oyo State firstly - the ruling of the court delivered on the 14th of July, 1999 - whereby the learned trial Judge refused to set aside the order of the court made on 11th of December, 1998; Secondly the ruling and order of court made on the 11th of December, 1998 which struck out the petitioner's petition for lack of jurisdiction. The petitioner, Dr. Joshua Omotunde now appellant, instituted suit No. 1/27ID/98 at the High Court of Oyo State Ibadan Division by a petition for a decree of dissolution of his marriage to the respondent-cross petitioner - Mrs. Omotunde.
Facts which led to the instant appeal are briefly as follows:- The appellant and respondent were married under the Matrimonial Causes Act at the Marriage Registry of Ero Local Government in Ekiti State on the 22nd of March, 1986. The marriage was blessed with two childr…