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 famil…