JAMILU YAMMAMA TUKUR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Lagos State in SUIT NO: ID/171/2003 delivered by S. B. A. Candide-Johnson J. on the 14th December, 2010 in favor of the 3rd Respondent. The background facts leading to this Appeal as narrated by the parties are as follows:-
The Appellant and 1st Respondent were married at the material time, and it is the case of the Appellant that the disputed property situate at 5th Avenue, "B" Close, House 6, Festival Town was won by the 1st Respondent at a ballot conducted by the 2nd Respondent in 1977 with financial assistance from the Appellant. According to the Appellant, she pursued the issuance of Deed of Lease and effected repairs and renovation of the disputed property with her money before the 1st Respondent made payment for the property in 1999. That on 31st October, 2003 upon her return from overseas to attend the wedding of their daughter, she was confronted with a l…