ABUBAKAR SADIQ UMAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the High Court of Lagos State, Lagos Judicial Division delivered by Hon. Justice Y.O. Idowu on 15th February, 2018, wherein the learned trial Judge dismissed the Appellant’s answer under protest.
BRIEF STATEMENT OF FACTS
The facts leading up to this appeal are straightforward. On 28th September, 2015, the Respondent filed a petition for dissolution of marriage between the parties in suit no. LD/1742HD/2015, but withdrew same before the Appellant entered appearance. However, the Respondent did not effect service of the notice of withdrawal on the Appellant.
The Respondent on 20th November, 2015 filed another petition for dissolution of the marriage between the parties (see pages 1 – 14 of the record of appeal). In response, the Appellant filed an answer under protest and an affidavit in support filed on 28th April, 2016 (see pages 78 – 103).
The Appellant, however filed an application dated…