The Customary Court of Appeal Ado-Ekiti has partially affirmed the verdict of the Customary Court of Ado-Ekiti in a building ownership tussle between Mr. Gabriel Amarauche and ex-wife, Mrs. Chinyere Amarauche.
The appeal was against the judgement delivered on November 30, 2023, by President of the Trial Court, Mr. J. O. Oyedele, and Assessors; Mrs E. I. Omiyale and Mr. M. O. Idowu.
The Trial Court had dissolved the customary marriage between Gabriel and Chinyere, while also ruling that a 6-room building at Olokemeji in Ado-Ekiti shall continue to be jointly owned by the duo.
Dissatisfied with the rulings, the Appellant, Mr. Gabriel, through his counsel, C. O. Omokhafe, formulated one issue for resolution. The issue was; “whether or not the Respondent (ex-wife) can be granted sole right and benefits over the appellant and respondent properties of their dissolved marriage.
The respondent, Mrs. Chinyere, through her counsel, C. A. Oduluyi, also adopted the sole issue for determination raised by the appellant.
Delivering his judgement on March 25, 2025, President of the Customary Court of Appeal, Hon. Justice Monisola Abodunde, ruled that the appeal succeeds in part.
Justice Abodunde affirmed that; “I am most persuaded that it was wrong of the lower court to award the entire proceeds of rent to the Respondent: having held that the property was jointly owned with the Petitioner.”
He upheld seven orders made by the trial court while dismissing four other orders.
Justice Abodunde then restrained the Petitioner (Mr. Gabriel) from selling the house where the Respondent (Mrs. Chinyere) is living with the Children at Olokemeji in Ado Ekiti without the consent of the Respondent.
His Lordship ruled that The Respondent shall continue to live in the house until the youngest child of the marriage (Mercyomachi Amarauche) attains the age of 18years.
The judge also ordered that Upon the attainment of 18years of the youngest child, Mr. Gabriel in joint consultation with Mrs. Chinyere may commence the proceedings to jointly sell the joint property at Olokemeji, Ado Ekiti, proceeds of which shall equally be shared.
Finally, he held that the rents collected by the Respondent shall be shared equally by the Appellant and Respondent henceforth, being a joint property until a joint decision is made to sell the property as appropriate.
Justice Abodunde finally ruled that the Appeal succeeds in part.
In their supporting judgements, other members of the panel; Hon. Justice Lawrence Ojo and Hon. Justice Rotimi Adegboye, agreed with the lead judgement.
