After the marriage between the Appellant and Respondent was declared as having broken down irreparably the issue was one of division of matrimonial property. The parties had built a house on a plot of land they were given as a gift on the day of marriage and a motor car. The Appellant claimed that the house belonged to his mother and that the car belonged to one Samson Richard. Both lower courts decided in favour of the Respondent. Dissatisfied the Appellant appealed to the High Court complaining that the District Court erred to support the trial court’s decision against the weight of evidence and without considering his evidence, that there were inconsistencies and contradictions in the Respondent’s evidence since the case had been ordered to start de novo at the instance of the Appellant and that the house had been erroneously divided since it did not form part of matrimonial assets.