and before this Court is whether the Respondent has contributed
towards the construction of the matrimonial home and to what
extent, if at all. There was no evidence whatsoever either on the
various affidavits of the parties or even in their oral evidence at the
court below. For avoidance of repetition, this has however been
resolved supra. However, as the learned trial judge had held that
where it was practically impossible to precisely calculate the
proportions of a party’s contributions to enable a determination of
their respective shares, the equitable principle that equity is equality
will be applied.
I would on this basis and on the basis of the principle of equity that
equity is equality and on the basis of the decision cited and relied
upon supra in COKER V COKER (1964) LLR.188 wherein the case of
RIMMER V RIMMER (1952) 2 ALL E.R. 863 was referred to and on the
basis of the Nigerian Supreme Court decision in ADAKA AMADI V
EDWARD N. NWOSU (1992) LPELR – 442 (SC); (1992) 6 SCNJ 59 also
referred to supra and further by virtue of Section 43 of the Woman’s
Act 2010 which provides as follows:
1) “Every woman shall enjoy equitable right as men in
case of separation, divorce annulment of marriage,
subject to personal law.
2) A woman has the right to seek separation, divorce or
annulment of marriage.
3) In case of separation, divorce or annulment of
marriage, a man and a woman have reciprocal rights
and responsibilities towards their children and, at all
times, the interests of the children shall be given
paramount consideration.
4) In the case of separation, divorce or annulment of
marriage, a man and a woman have the right to an
CA – JUDGMENT MATTY FAYE V DAWDA JAWARA
Page 19
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