[2025]DLSC18355 • March 12, 2025 • Supreme Court •
AYISHETU ABDUL KADIRI vs. ABDUL DWAMENAH
The parties, both Muslims, entered into a customary marriage in 1987. Following the dissolution of the marriage, disputes arose over the equitable distribution of marital properties, including the matrimonial home, adjoining land, and a second plot of land acquired by the Petitioner. The Petitioner claimed exclusive ownership of the second plot and interest in the matrimonial home, while the Respondent claimed sole ownership of the matrimonial properties, alleging the Petitioner misappropriated funds to acquire separate property. The Respondent also had two other wives and children, complicating the distribution.
read moreJUDGMENT TANKO AMADU, JSC INTRODUCTION (1) My lords, the only key issue for determination in the instant appeal is not novel to our jurisprudence. Apart from the constitutional and statutory provisions relevant to the distribution of marital property upon dissolution of marriage, our case law jurisprudence is replete with a rich line of decided cases on the subject to guide us in the determination of this appeal. In doing so, this court is required to apply the relevant law after our own evaluation of the peculiar facts and evidence on record before we arrive at any determination of which of the two lower courts had properly apprehended the facts and evaluated the evidence within the context of the statutory evidential burdens carried by the parties before arriving at their respective findings and conclusion. (2) The right of a person to solely acquire and own property and for protection against any interference with a person’s property is a constitutionally guaranteed right. A.....