The Appellant and Respondent were husband and wife. Their
marriage was dissolved following a petition for divorce filed by the
Respondent. A decree for divorce was granted by the Regional Court and there
was also an order for the division of matrimonial assets between the two
parties. The Respondent who was the petitioner in the matrimonial case was
dissatisfied with the decision of the Regional Magistrate’s Court on the
distribution of the matrimonial assets. He therefore appealed to this Court,
(Civil Appeal No. 95 of 2011). In the appeal in question the Appellant and Respondent
focused on the distribution of two houses owned jointly by the parties.
Previously, the parties had a similar case before the High Court in which a
preliminary objection based on res judicata was raised.