The Court of Appeal, Abuja, Monday, dismissed an appeal by Jude Chidiebere, a former husband to Nigeria’s envoy to Argentina, Chikerenwa Cordelia Anyatonwu over joint ownership of a property in Abuja.
In a unanimous judgment delivered by the lead judge, Justice
Okon Abang, the appellate court, dismissed the appeal for lacking in merit.
At the federal capital territory high court,
Chidiebere had sued his former wife, Chikerenwa Cordelia Anyatonwu, Nigeria’s former envoy to Argentina, claiming that a property at Kubwa, in Abuja jointly belong to their matrimonial family.
He prayed the court to issue an order compelling his former wife to compute the amount generated as rent from the house since 2013 and share the same with him.
However, the high court Judge, Justice A.A Kutigi dismissed the claim of the joint ownership of the property by the plaintiff.
The high court held that the former husband to the Ex-envoy didn’t lead any credible evidence to establish his assertion that the property jointly belongs to him and his former wife.
Not satisfied with the decision of the high court, Chidiebere approached the Court of Appeal in Abuja, praying that the judgment of the high court be voided and set aside on the ground of miscarriage of justice.
However, in the Court of Appeal Judgmentent Justice, Okon Abang held that the appellant failed to convince the appellate court that there is injustice in the judgment of the lower court.
Among others, Justice Abang said that the allocation paper and the certificate of occupancy issued by the Federal Capital Development Authority (FCDA) bear only the name of Chikerenwa Cordelia Anyatonwu.
Justice Abang also held that all receipts for payments for the property to the FCDA were issued in the name of the former envoy.
The appellate court held that the appellant did not establish any source of income to be able to buy a property other than been a driver, driving the former envoy around in Argentina and that the court cannot speculate for him.
Justice Abang upheld the claim of the former envoy that she divorced her former husband due to irreconcilable differences occasioned by beating while they were together.
The Court of Appeal disagreed with the claim of the appellant that he was responsible for letting out the property to a tenant adding that, mere letting out the property to a tenant was not sufficient to confer joint ownership on the appellant.
“In my opinion, the first respondent in this matter, Chikerenwa Cordelia Anyatonwu, made a better case for her sole ownership of the property, block 145, Flat 1, in Kubwa, Abuja. There is no where the appellant made a better case for joint ownership, as he claims in this matter.
“In all, this appeal lacks merit and is hereby accordingly dismissed. The judgment of the FCT High Court delivered on December 11, 2019 , in favour of the first respondent’s soul ownership of the property, is hereby affirmed, “the Justice Abang held.
