repaid by the wife out of her money at a time her husband
was on war service. The wife provided all the furniture for
the home out of her own resources.
When subsequently, the husband left the wife and the
house was sold, the proceeds was shared equally
between them on a summons under Section 17 of the
Married Women’s Property Act 1881 (U.K.). This was
because it was not possible fairly to assess the separate
beneficial interests of the husband and wife by reference
to their contributions to the purchase of the house.”
See also the Nigerian Supreme Court decision in ADAKA AMADI V
EDWARD N. NWOSU (1992) LPELR – 442 (SC); (1992) 6 SCNJ 59.
It is therefore on the basis of all the foregoing that I resolve the sole
ground of appeal filed herein in favour of the Appellant.
ISSUE NO. 3:
HOW IS THE EQUITABLE SHARE OF THE APPELLANT TO BE DETERMINED
BY THIS COURT:
In determining this issue, let me reiterate that the first two issues for
determination having already been resolved in favour of the
Appellant herein; let me also say briefly and for purposes of
emphasis that the learned trial judge has for valid reasons already
found and held that the Appellant herein had acquired a beneficial
interest in the property thus making the property a joint property and
further that the Appellant was entitled to a share in the property on
the basis of her beneficial interest in the matrimonial home. These
findings and holdings of the learned trial judge have not been
appealed against and as such it is trite law that the part of the
judgment that is not appealed against remains valid, subsisting and
CA – JUDGMENT MATTY FAYE V DAWDA JAWARA
Page 17
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