MARGARET IFEKAUDU V. JOSEPH IBEAGWA

ADAMU JAURO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Anambra State, holden at Onitsha delivered on 30th day of May, 2006 by Hon. Justice Vin Agbatain suit number 0/839/99.

The facts of the case giving rise to this appeal can be compressed as follows: The plaintiff now respondent and the defendant now appellant, have been husband and wife. In the course of time, disagreements and domestic quarrels erupted between them resulting in the defendant vacating the matrimonial home. Both the plaintiff and the defendant claimed ownership to a market stall known as No. Q1/16 GE, Lagos Line, Onitsha main market. As a consequence of the foregoing, the plaintiff instituted an action against the defendant, claiming the following reliefs:

"(a) A declaration that the plaintiff is the lawful allotte of stall No. Q1/16 GE Lagos Line Main Market, Onitsha.

(b) An order of injunction restraining the defendant, her agents, privies and 'strong m…