JUDGMENT
MARFUL-SAU, JA
The fundamental issue raised in this appeal is whether a husband, in this case the plaintiff/respondent, can successfully maintain an action for declaration of title to a matrimonial property acquired during the subsistence of the marriage against a wife, in this case the defendant/appellant, at a time the parties are still joined together in marriage. The collateral issue that flows from the fundamental issue is whether it is right for a court to grant an injunction against a wife who is co-habiting with the husband in a matrimonial property from interfering or having anything to do with the said property, simply because the wife has raised a protest to the husband’s intention to sell or rent the matrimonial property?
The undisputed facts of this case is briefly this: The parties at the time the writ was issued were married couple and are still married with seven children having married for 30 years, as at 18th December 2009 when respondent was cross-examined in…