Sure SRM on 11 th December The background to the case is that the Respondent and Appellant solemnized their marriage after having cohabited since They established their matrimonial home and four 4 issues were blessed to them.
The Respondent then claimed cruelty sprang in their marriage meted out by the Appellant and prayed for dissolution of the marriage. The Appellant opposed the Petition of divorce and asserted that the union had not broken down irretrievably. The trial court ruled in favour of the Respondent and dissolved the marriage having considered the evidence given in court.
Grounds of Appeal. The Appellant raised 9 grounds of appeal, namely:. That the learned trial magistrate erred in conducting the proceedings in the absence of the Appellant who had confirmed her presence and readiness to proceed with the hearing of her case.
THAT the learned judgement erred in law and fact by purporting to deliver judgment without notifying the Appellant. THAT the learned magistrate erred in law and in fact by holding that the Appellant's absence at the time of hearing was without cause and that the Respondent's evidence as to the Appellant's cruelty stood unchallenged which matters if she had considered would have led to the adjournment of the hearing to another date so as not to condemn the Appellant unheard.
THAT the learned trial magistrate erred in Law and in fact by holding that the Appellant was guilty of misconduct of a grave and weighty nature yet there was no overwhelming evidence on the part of the Respondent to prove so. THAT the learned trial magistrate erred in law and in fact by holding that the Respondent had suffered real injury to his health and reasonable apprehension of such injury in that no evidence to prove the same was adduced by the Respondent matters which if she had considered would have led to a different finding.
