Mrs. Mary Eni V. Emmanuel Imoke Eni (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JAFARU MIKA’ILU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Cross River State of Nigeria delivered on 31st day of March, 2008. The facts of the case are that the appellant got married to the Respondent in 1968. The said marriage has been blessed with five children. It is alleged that the appellant agreed with the Respondent to jointly acquire No. 3 Eyo Eta Street, Calabar, Cross River State of Nigeria as family property in the name of the Respondent as the head of the family in line with their faith – Christianity. That on this understanding, No.3 Eyo Eta Street, Calabar, was acquired in 1979 and renovated/developed into six (6) flats. The Appellant and the Respondent with their 5 (five) children packed into one of the flats called and known as No. 3A Eyo Eta Street, Calabar, in 1986, while the remaining 5 (five) flats were let out to tenants.

The family lived happily until sometime in 1999, when the Respondent left the family house for No 8 Diamond Hill, Calabar, to cohabit with another woman who had other children for him.

The Respondent in his bid to throw the Appellant and their five children out of the family house, No.3 Eyo Eta Street, Calabar, brought several purchasers to purchase the family house.

The Respondent obtained an order dissolving his marriage to the appellant from the Adun district Court, Omodua, Obubra, Cross River state sometime in the year 2000.

The Appellant in 2001 filed this suit praying for the following:-

(a) A declaration that she is a joint owner of No. 3 Eyo Eta Street, with the Respondent.

(b) An order for the partitioning of No 3 Eyo Eta street, Calabar.

(c) An order restraining the Respondent from evicting the Appellant from No.3 Eyo Eta, Calabar.

On the other hand the Respondent counterclaimed as follows:

(i) That he is the sole owner of No. 3 Eyo Eta Street, Calabar.

(ii) That the Appellant deliver possession to him, and

(iii) Also to render comprehensive account of monies collected by her to him.

At the conclusion of the trial, the Appellant’s claim was dismissed while the 1st and 2nd reliefs in the Respondent’s counter-claim were granted. Aggrieved by the said decision of the trial court the appellant filed this appeal.