Court Declares Property Acquired During Marriage As Matrimonial Property

CALABAR

 The issue of “this is my house, this is my car, this is my land” in marriages have been put to rest by a High Court sitting in Akpabuyo Local Government Area of Cross River State capital.

The court on Monday, March 21, 2022, declared that “Property Acquired During Marriage is Matrimonial Property”.

In a judgment delivered by His Lordship, Hon. Justice A. A. Ewah of the Cross River State High Court, Akpabuyo Judicial Division, Suit NO: HCA/20/2019, the court said any property that is acquired while the marriage is still in existence is said to be Matrimonial Property and will be shared amicably.

In the judgement, the defendant (duly represented by Basic Rights Law Partners) whose marriage (under the native law and custom of Ibibio tribe of Nsit Atai Local Government Area, Akwa Ibom State) of over 20 years was dissolved sometime in 2019, was sued by her ex-husband for trespass.

However, the case was judged in her favour.

Speaking shortly after the judgement, James Ibor Esq., principal counsel of Basic Rights Counsel Initiative (BRCI), said: “His Lordship agreeing with our argument in favour of our client held that the said property is a Matrimonial Property as same was acquired while the marriage between our client and her ex-husband subsisted”, Ibor said.

Ibor thanked the Girl’s Power Initiative (GPI) and Project Alert for their support. He also thanked the staff and volunteers of Basic Rights Law Partners (Legal arm of BRCI) for a job well done.