…We jointly purchased the car before our divorce —Husband

A woman, Anike, has dragged her ex-husband, Karounwi, before Grade A Customary Court, Court sitting at Mapo, Ibadan, Oyo State, praying that he release her personally owned and registered vehicle to her through the court.

Anike told the court that during the subsistence of their marriage, she hinted her ex-husband in 2019 about her desire to get a car to aid her business.

She said that her ex-husband informed her about a car that his client wanted to sell.

According to Anike, she gave Karounwi N300,000 to help purchase and register the car in her name.

The plaintiff added that she left home after she took ill, and it was revealed that the defendant was responsible for her ill health.

She further stated that she returned home to pack her belongings after her recovery, and to her surprise, her car was no longer in the house.

Anike explained that now that she and Karounwi were divorced, she wanted to retrieve her car from him.

The plaintiff further pleaded for custody of the youngest of their four children, whom she said had been with the defendant since the plaintiff left home.

The plaintiff, in addition, demanded the sum of N100,000 monthly from the defendant for feeding, medical care, and accommodation of herself and their child.

Anike, in addition, requested an order restraining Karounwi from unlawfully intruding into her privacy, calling her on the telephone, coming personally, or sending anybody to her residential apartment or her workplace, tarnishing her image or threatening her life.

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The plaintiff placed the sum of N100,000 against the defendant as the cost of litigation and miscellaneous in the case.

Karounwi agreed that Anike had custody of their youngest child but disagreed on the other claims.

He explained that the vehicle was sold to him by his client, adding that he and his ex-wife jointly contributed towards its purchase.

According to him, Anike gave him N200,000, which he used as a deposit and added that he paid an additional N100,000 two weeks after the initial deposit, and that the car was thereafter handed over to him.

Karounwi stated that he bought the car in his name.

Speaking on their child’s custody, the defendant said he agreed that the plaintiff had custody of him because he was in the habit of running away from home anytime he chastised him.

Anike, in her testimony, said, “My ex-husband and I had a customary marriage which was later dissolved by the court.

“In 2019, during the subsistence of our marriage, I told my ex-husband about my desire to purchase a car to aid my business.

“My ex-husband informed me about a car his client wanted to sell.

“I gave him N300,000, which he used to purchase the car and he registered it in my name. I started driving the car, but had to park it when I took ill in 2021.

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“I left home after it was revealed that my husband was responsible for my ill health. I returned home after I recovered from my illness to pack my belongings, and I noticed that my car was no longer in the house.

“I do not have the particulars of the car with me because I left all at home when I left.

“I pray for the order of court directing my ex-husband to release my personally owned and registered vehicle to me through this honourable court.

“My lord, I further plead for custody of our last child who is presently in my ex-husband’s custody.

“I enrolled him in a boarding school, but my husband withdrew him from the school.

“I entreat the court to mandate my ex-husband to be responsible for both the feeding and medical care of our child and I, and also provide us accommodation.

“I request the sum of N100,000 monthly for these.

“I further request an order restraining my ex-husband from unlawfully intruding into my privacy, placing any call on me, coming personally or sending anyone to my residential apartment or workplace, denting my image or threatening my life.

“I further demand the sum of N100,000 from my ex-husband as the cost of litigation and miscellaneous in the case.”

Karounwi, in his response, said: “My lord, the car in question was sold to me by my client.

“My wife and I both contributed towards its purchase.

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“I did not have money on me at that period, and so my wife gave me N200,000, which I gave to my client as initial deposit.

“I paid him N100,000 two weeks later, and he handed the car over to me.

“I purchased the car in my name (tendered application for change of ownership and other documents).

“We both used the car for our business activities, but I am surprised she is now laying sole claim to it.

“I agree that my ex-wife has custody of our last child.

“I have been taking care of all our children since their mother left.

“Three are presently in the university and are doing fine.

“Our last child is troublesome and runs away from home anytime I chastise him.

“My lord, I cannot afford more than N10,000 per month for his feeding. I also cannot pay N100,000 for litigation.”

Giving her judgement, the court president, Mrs. O.E. Owoseni, stated that for the defendant to be able to train their three other children who have been in his custody in the university for the three years their marriage had been dissolved shows he is responsible.

According to her, although the defendant agreed that the plaintiff had custody of their youngest child, who is 12 years old, the court believes that the child is better off living with his siblings for family bonding and unity.

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On the claim of ownership of the car, Owoseni stated that even though the plaintiff claimed sole ownership of the vehicle and demanded that it be returned to her, she could not prove her claim by producing the receipts of the purchase nor registration particulars of the vehicle.

According to Owoseni, based on her failure to prove ownership of the vehicle with concrete and cogent evidence, her claim for the sole ownership and return of the car hereby fails.

She further stated that since the defendant admitted that he and the plaintiff jointly own the vehicle without any contrary evidence by the plaintiff, the court hereby declares that the plaintiff and defendant jointly own the car.

Owoseni explained that by joint ownership of property, it implies that two or more people contributed resources together to purchase a property.

She further said that where joint ownership exists, it means that each person has equal right of ownership in the said property, notwithstanding the weight of the contribution made by each party.

Ruling, Owoseni said, having declared that both parties are joint owners of the car, and the fact that both are no longer husband and wife and can no longer jointly enjoy the vehicle, the court hereby orders that the said vehicle be sold and the proceeds of sale shared.
(TRIBUNE)