The respondent’s case as pleaded in his Amended Statement of Claim was briefly that he purchased the property and premises in dispute known as No. 179 Tetlow Road, Owerri, from its owner, one Godfrey F A Amadi for the sum of N140,000.00 Godfrey F A Amadi is or was the husband of the appellant herein and he testified for the respondent at the trial as P W 1. The respondent traced his root of title to the said Godfrey Amadi and tendered a number of documents which included among others. The power of Attorney (Exh. A) and a Deed of Assignment (Exh. D) in respect of the property. Godfrey the Vendor in his evidence confirmed the testimony of the respondent. He also gave cogent testimony of how he came to own the property in question through partition of family land and later developed it by erecting a building thereon. According to Godfrey after he had sold the properly to the respondent, he used the money to develop another land at No. 33 Anokwu street where he now lives He said when he requested the appellant to move to the new building with him she bluntly refused and forcibly continued to occupy the property in dispute.

The appellant on the other hand claimed that the property in dispute was family property allocated to her husband, Godfrey F A Amadi herself and their children. She also claimed to have contributed labour and sand to the building of the property and that she owned it jointly with Godfrey, her husband (P W 1).

In a reserved judgment the learned trial judge after evaluating the evidence and making findings of facts on the issues raised before him entered judgment for the respondent.

The appellant’s appeal to the Court of Appeal was dismissed, hence the further appeal to the Supreme Court.