HARUNA M. TSAMMANI, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the decision of Hon. Justice J.O. Adeyeye of the Ekiti State High Court, sitting at Ado- Ekiti. The Respondent as plaintiff before the lower court had taken out a writ of summons against the Appellant (as Defendant) wherein he sought for the following reliefs:-
(a) A declaration that the four bedroom flat bungalow (sic) lying, Ado-Ekiti bounded on the left hand side by untarred road, on the right hand side by Mr. FAMILUSI'S house, behind by uncompleted building under construction and on the front side by untarred road is joint property of the plaintiff and the defendant.
(b) An equal, just and fair shares in the property described in claim (a) above.
(c) An equal, just and fair shares in NISSAN CABSTAR pick-up tuck (sic) with registration No. XA 534 KLE jointly bought with the defendant.
(d) An order of the Court allowing the plaintiff to remove all her kitchen utensils and other hous…