Businessman Sues Ex-Wife Over Refusal to Leave His House Five Years After Divorce

Businessman Sues Ex-Wife Over Refusal to Leave His House Five Years After Divorce

A businessman, Abibu Yakubu, has filed a petition against his ex-wife at the Upper Area Court 1, Karu, over alleged refusal to leave his house after divorce.

Yakubu is also seeking custody of his four children.

He filed the case against his estranged wife, Shuwadatu Mohammed, on October 13, 2025.

According to the particulars of claim, Yakubu, who resides at Orange Market, Mararaba, Karu LGA, said the respondent is his ex-wife and also resides at the same address.

He averred that the respondent does not respect him and his parents and often insults them.

He said that the marriage is blessed with four children aged 22, 19, and a set of six-year-old twins.

Yakubu alleged that he divorced his wife about five years ago but she refused to vacate his house.

He claimed she said she would not leave until she killed him.

He further alleged that the respondent occupied his house and threatened his life, adding that he no longer sleeps with his eyes closed.

The petitioner told the court that the ongoing dispute has created fear and tension in his daily life.

He prayed the court to hold the respondent responsible if anything happens to him.

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The petitioner also asked the court for a re-dissolution of the marriage and custody of the four children.

The Judge, Mohammed Yakubu, after hearing the matter, adjourned the case until June 3, 2026, for continued hearing.

Under Nigerian law, disputes over property after divorce are governed by several key principles.

For a property to be considered in asset distribution, it must generally have been acquired during the subsistence of the marriage.

Properties acquired before the marriage or after its dissolution are typically excluded.

The court also considers factors such as each spouse’s contribution to acquiring the property, including non-financial contributions like homemaking and child-rearing.

In this case, Yakubu claims the house belongs to him and seeks its vacant possession.

His ex-wife’s refusal to leave, despite the divorce being finalized five years ago, forms the crux of the dispute.

On the issue of child custody, Nigerian courts prioritize the welfare and best interests of the child.

Factors considered include the child’s age, health, education, emotional well-being, and the ability of each parent to provide proper care and stability.

For younger children, courts often prefer that they stay with the mother unless there is a compelling reason to decide otherwise.

Joint custody is often encouraged to ensure that both parents remain involved in the child’s life.

In a similar case, a man named Quadri dragged his ex-wife, Gbemisola, before a Grade A Customary Court in Mapo, Ibadan, over illegal possession of his properties.

Quadri stated that Gbemisola had been in possession of his three-bedroom apartment and shop for more than one year after the court had pronounced their marriage dissolved.

He regarded his ex-wife as either a tenant or a trespasser since they were no longer husband and wife.

Gbemisola, however, refused to be addressed as a tenant, explaining that she contributed N650,000 to the construction of the two properties.

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

The court president, Mrs. S.M. Akintayo, ruled that the defendant had no right to still be in possession of both properties since the court had dissolved their union.

Akintayo ordered the defendant to vacate the three-bedroom apartment and shop on or before September 12, 2025.

The Karu court is scheduled to resume hearing on June 3, 2026.

The judge will consider Yakubu’s claims of threats and his ex-wife’s alleged refusal to vacate.

The court may also address the custody request for the couple’s four children.

If the court rules in Yakubu’s favour, his ex-wife could be ordered to leave the property.

The case highlights the challenges some individuals face in enforcing property rights after divorce in Nigeria.

Businessman Sues Ex-Wife Over Refusal to Leave His House Five Years After Divorce