by Tinukemi Alabi
It is common practice for a husband and wife to buy landed property together in both their names or in the name of one of them, after all, what they own, they own together. However, when the going becomes tough and the couple decides to go their separate ways, which one of them will own the property they have bought together? Does it matter that it is either one of them that actually paid for the property? Let us see what happened in the case of Oghoyone v. Oghoyone [2010] 3 NWLR (Pt 1182), 564.
In
1990, Mr. Daniel Oghoyone married a Dutch woman named Wilhemina. While
that marriage was still subsisting, he married Mrs. Patience Oghoyone in
1994, at the Lagos City Hall. Subsequently, upon the discovery that
Daniel was married to Wilhemina, Patience filed an action at the High
Court, asking the court to declare that the marriage was null and void.
She also sought a declaration that she wholly or partially owned the two properties situated at Plot L, Amuwo Odofin Layout and Plot 316, Amuwo Odofin Residential Estate. In the alternative to a declaration of her title in the properties, she sought an order of sale of the properties and an award of two-thirds of the proceeds of sale to her.
Daniel also petitioned the court to declare that the marriage was a nullity. He also asked the court to declare that he is the exclusive owner of both properties at Amuwo Odofin which were being claimed by Patience.
In its judgement, the High Court Judge declared the marriage as void and that the property situated at Plot L was the couple’s matrimonial home. The Judge ordered that the property be sold and that the proceeds of sale be divided into two equal halves between the parties. The court also found out that Patience had bought another property in the same estate at Plot 5 in her own name, and that Daniel had bought and paid for the land at Plot 316 in his name. The trial court then declared that as Patience was the exclusive owner of Plot 5, Daniel was also exclusively entitled to the property at Plot 316.
The Judge said: “I am of the view that if the petitioner can have a plot in her own name, the respondent is entitled to one in his own name, too. It is the justice of the matter that should always prevail.”
Daniel was aggrieved because the property at Plot L was to be sold and the proceeds shared equally. So he appealed against the judgment. On her part, Patience was also aggrieved that the property at Plot 316 was awarded to Daniel, so she appealed against that judgement. Next week, we’ll find out what the Court of Appeal has to say.
TINUKEMI ALABI
(tinukemi@lawrookies.com)
It is common practice for a husband and wife to buy landed property together in both their names or in the name of one of them, after all, what they own, they own together. However, when the going becomes tough and the couple decides to go their separate ways, which one of them will own the property they have bought together? Does it matter that it is either one of them that actually paid for the property? Let us see what happened in the case of Oghoyone v. Oghoyone [2010] 3 NWLR (Pt 1182), 564.
In
1990, Mr. Daniel Oghoyone married a Dutch woman named Wilhemina. While
that marriage was still subsisting, he married Mrs. Patience Oghoyone in
1994, at the Lagos City Hall. Subsequently, upon the discovery that
Daniel was married to Wilhemina, Patience filed an action at the High
Court, asking the court to declare that the marriage was null and void.She also sought a declaration that she wholly or partially owned the two properties situated at Plot L, Amuwo Odofin Layout and Plot 316, Amuwo Odofin Residential Estate. In the alternative to a declaration of her title in the properties, she sought an order of sale of the properties and an award of two-thirds of the proceeds of sale to her.
Daniel also petitioned the court to declare that the marriage was a nullity. He also asked the court to declare that he is the exclusive owner of both properties at Amuwo Odofin which were being claimed by Patience.
In its judgement, the High Court Judge declared the marriage as void and that the property situated at Plot L was the couple’s matrimonial home. The Judge ordered that the property be sold and that the proceeds of sale be divided into two equal halves between the parties. The court also found out that Patience had bought another property in the same estate at Plot 5 in her own name, and that Daniel had bought and paid for the land at Plot 316 in his name. The trial court then declared that as Patience was the exclusive owner of Plot 5, Daniel was also exclusively entitled to the property at Plot 316.
The Judge said: “I am of the view that if the petitioner can have a plot in her own name, the respondent is entitled to one in his own name, too. It is the justice of the matter that should always prevail.”
Daniel was aggrieved because the property at Plot L was to be sold and the proceeds shared equally. So he appealed against the judgment. On her part, Patience was also aggrieved that the property at Plot 316 was awarded to Daniel, so she appealed against that judgement. Next week, we’ll find out what the Court of Appeal has to say.
TINUKEMI ALABI
(tinukemi@lawrookies.com)
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