Justice Dorcas T. Olatokun made this pronouncement in a case between a couple, Mr. Pius Aina, and his wife, Caroline, over a property at Festac Town, Lagos, acquired by the husband while he worked with the Federal Housing Authority (FHA) in the early 1980s.
The couple who had been married for 35 years live in the property with their three children for more than 30 years.
After his retirement, the husband in 2018 sold the property for N20 million and relocated back to his hometown in Ondo State.
His wife however challenged the sale, claiming that as his wife, and joint owner, the husband cannot sell the property without her consent.
She therefore sued her husband, asking the court to void the sale.
Joined as defendants in the suit are her husband, Mr. Pius Aina, Michael Oluwaseun Da-Silva, Albert Sanyaolu Da-Silva, Joe Vincent, and Femi Adeniyi.
The second and third defendants are the purported buyer of the property, and his father who manages it, respectively. The two other defendants are the agents that facilitated the sale.
The claimant’s lawyer, Ademola Adesina, argued that his client is legally married to the first defendant for 35 years under the Marriage Act and the marriage is blessed with three children. The first defendant was a staff of FHA and while in employment, he was allocated a two-bedroom bungalow described as House 6, N Close, 3rd, Avenue, Festac Town, where he resided with his family as their residential home.
In 1989, FHA wrongfully and compulsorily withdrew the services of the first defendant and 69 other employees and was asked to vacate the house.
However, the employees challenged FHA in court and they were reinstated on November 24, 1997.
According to the claimant, her husband was eventually retired compulsorily on July 4, 2001, five years after the reinstatement.
FHA gave him a right of first refusal to purchase the property at a price of N400,000. This offer was paid for with the husband’s N200,000 entitlement while the wife paid the balance of N200,000.
