OGEBE, J.C.A. (Delivering the Leading Judgment): The appellant petitioned in the High Court of Ondo State sitting at Ado-Ekiti asking for dissolution of his marriage to the respondent on the ground of desertion, living apart and intolerable behaviour which culminated into an irretrievable breakdown of the marriage.
The respondent filed an answer to the petition and also a cross-petition for dissolution of the marriage. The trial Judge Akintan J. (as he then was) granted divorce after hearing the evidence of the parties and their witnesses. He granted custody of the three children of the marriage to the appellant and ordered that a vehicle Peugeot 504 Saloon car, registered LA 790 WE which was in the possession of the appellant be surrendered to the respondent whom he found on the evidence before him as the owner of the vehicle.
The appellant was dissatisfied with this order of the trial court and appealed to this court on 4 grounds of appeal on the question of ownership of the car that …