FAUSTINA EKINADOSE OVIASU V. DR. VICTOR OGUMUMWEN OVIASU & ANOR

G. S. SOWEMIMO, JSC (Delivering the Leading Judgment): This appeal is against the judgment of the Benin High Court in Suit No. B/23/70, dismissing a petition for dissolution of marriage by the petitioner now the appellant before us against the 1st respondent, who is the respondent to this appeal. The judgment was delivered on the 31st of March, 1971.

According to the learned trial Judge, the petitioner prayed for the dissolution of the marriage between herself and the 1st respondent on three grounds, namely:-

(a) Adultery by the 1st respondent with the 2nd respondent and other women;

(b) Cruelty; and

(c) Desertion.

The learned trial Judge in his judgment dissolved the marriage, however, on a prayer by the 1st respondent on the ground of desertion by the petitioner. This prayer was supposed to be contained in the answer filed by the 1st respondent.

The appeal before us is against both decisions. There were six grounds of appeal filed and are as follows:-

"1. The learned trial Judge mi…