VALCIMA VALCIN vs. MARILYN VALCIN AND EMEKA ACHILEFU NWANGWA

JUDGMENT Introduction This is a case which brings to the fore issues of co-ownership especially the communal holding of interest in a piece of property between a husband and wife and the creation of third party rights by one of them without the involvement of the other. Plaintiff’s case It is the plaintiff’s case that the 1st defendant is his wife though they are separated and that he is a joint owner of the property in dispute with the 1st defendant. It is the case of the plaintiff that he, together with the 1st defendant, acquired the land over which the property in dispute is situate in the year 1995 from one Nii Adjetey Obene Wolomo. They went into immediate possession after acquiring the land and developed part of the land which they used as their matrimonial home but the plaintiff later vacated the property after the marriage between the parties developed some issues. The 1st defendant however continued to reside in the property. The plaintiff asserts that i...