My ex-wife refused to pack out of my house after our marriage was dissolved, man tells court

•I contributed N650,000 to the building of the house —Wife
•You’re now a tenant and trespassing, move out, court orders woman

A man, Quadri, has dragged his ex-wife, Gbemisola, before Grade A Customary Court,  Mapo, Ibadan, on the account of illegal possession of his properties, a three-bedroom apartment she was living in and also his shop, where she displayed her goods.

Quadri stated that Gbemisola had been in possession of these properties for more than one year, after the court had pronounced their wedlock dissolved.

According to Quadri, since they were no longer husband and wife, he regarded Gbemisola  as either a tenant or a trespasser.

He further stated that he served

Gbemisola notices to quit but that she remained adamant.

The plaintiff thus prayed the court to rule that the defendant should vacate both his house and shop without delay.

Quadri in his testimony said: “My marriage to my wife was pronounced dissolved by this honourable court last year August after I brought a divorce suit against her as a result of her atrocities which I could no longer tolerate.

“The court declared that we ceased to be husband and wife and ordered that we go our different ways.

“My lord, my ex-wife has refused to obey the court’s ruling.

“She insisted that she would neither move out of my house nor pack her wares from my shop.

“I raised these buildings through my sweat, but she is now laying claim to them.

“I enlightened my ex-wife in line with the law that she has automatically become a tenant or regarded as trespassing on my property since our marriage has been dissolved, but she obviously did not realise the gravity of these offences.

“I served her quit notices, but she remained adamant.

“My lord, I came to court that it might rule that my ex-wife vacates my three-bedroom apartment and shop without delay.”

Gbemisola, however, refused to be addressed as a tenant.

The defendant explained that she and the plaintiff both contributed financially to the construction of two properties he was now solely laying claim to.

Gbemisola insisted that the properties be sold and the proceeds from the sale shared among her, her ex-husband, and their children.

Gbemisola said in her evidence: “I refused to be addressed as a tenant in the house I contributed my hard-earned money towards its building.

“The two properties my husband is laying claim to are products of our joint efforts, so I cannot be referred to as trespassing.

“He bought the land for N700,000, while I contributed three times towards the building project.

“I contributed N200,000, N150,000 and N300,000 respectively.

“I visited the site at three different times to inspect the construction work going on at that time.

“I did not document the amount I contributed and those of other expenses because I did all I did out of love, and also for the sake of our children.

“He wants me to vacate the said apartment and shop because he wants to remarry.

“He wants to cheat me, and I will not allow it.

“My lord, I pray that the court should rule that we sell both properties and share the proceeds from it into three.

“He will take a share, I will take mine, and our children also will have theirs.”

The court president, Mrs S.M. Akintayo, giving her judgment stated that the defendant had no right to still be in possession of both property, the three-bedroom apartment, and shop since the court had dissolved their union after the plaintiff dragged her to court, laid claims against her and judgment was given after the court had heard both parties.

According to Akintayo, a landlord has unfiltered legal right to terminate a tenancy upon giving adequate notices.

She added that it is a settled position of law and requirement of the law that a landlord can claim possession of a premise once the required statutory notices have been issued and served on the tenant.

Akintayo ruling said, “The court hereby orders the defendant to vacate the three-bedroom apartment and shop on or before September 12,2025.”

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