CUSTOMARY LAW CASES/JUDGMENTS
POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
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| TITLE | MAIN ISSUES |
| ABISOGUN V. ABISOGUN AND OTHERS | CUSTOMARY LAW:- Native Law and Custom – Proof of Marriage —Yoruba native law and custom – Acknowledgement of child born out of wedlock by father married under Marriage Ordinance – Whether competent in case of children born before the wedlock but not children born after the wedlock |
| ADEGBITE, THE OWA-ALE OF IKARE V. ALASAN BABATUNDE,THE OLUKARE ODO | CUSTOMARY LAW:- Claim to chieftainship – Challenge – Chief not entitled to wear crown – Validity of appointment by Governor to do so – How proved |
| ADERAWOS TIMBER COMPANY LTD V. BALE ADEDIRE AND OTHERS | CUSTOMARY LAW:- Traditional ruler – Oni of Ife – Status of – Description in the testimonium of a Concession Deed “as the traditional authority on behalf of the communal owners of the land” – When will be treated as mere surplusage and not a legal description |
| ADESANOYE V. ADEWOLE | CUSTOMARY LAW: – Customary Chieftaincy stools – Selection and installation of a new Chief – Applicable rules and principles |
| ADEWUNMI AND OTHERS V. OSIBANJO AND OTHERS | CUSTOMARY LAW:- Letters of Administration – Which of the family members is customarily entitled to administer the estate of the deceased |
| ADEYEMI V. BAMIDELE | CUSTOMARY LAW: – Status of wife under Yoruba customary law – Need for same to be proved in judicial proceedings – Legitimacy of children born out of wedlock under Yoruba customary law – How proved – Relevant considerations – Customary law, except where it has assumed the character of judicial notice – Necessity for it to be proved as a matter of fact and evidence called – Implications for Fatal accident proceedings
CUSTOMARY LAW:- Yoruba Customary Law – Legitimacy of children by parents – How proved |
| AGA V. THE STATE | CUSTOMS AND LAW:- Proverbs and meaning – “A non-grass eating animal associating with a grass-eating one, like a goat soon learns not only to eat grass but also to eat roots of plants like goats do”- Whether provocation can arise from a literal or subjective understanding of a customary proverb as to reduce murder to man-slaughter |
| AGBONIFO V. AIWEREOBA AND ANOTHER | CUSTOMARY LAND LAW:- Land tenure under Bini Customary Law – Proof of title to land |
| AGU V. IKEWEBE |
CUSTOMARY LAW:- Customary arbitration – Conditions precedent to validity o CUSTOMARY LAW:- Customary arbitration – Meaning and legal basis of CUSTOMARY LAW:- Customary arbitration – Whether part of `existing law’ – Section 274(3) do 4(3), 1979 Constitution |
| AKINTOLA AND ANOR. V. SOLANO | CUSTOMARY LAW – STOOL LAND:- Meaning and Nature of Stool or chieftaincy land – Grant of same to third party – Power to grant stool under customary law – How proved – Ownership of stool land – Whether does not belong to the chief beneficially in his private capacity and he cannot dispose of it without the approval of his Council – Whether the chiefs’ control of such land is however greater than the ordinary communal land – Whether members of the community cannot demand allotments from chieftaincy land as of right |
| AKPAN AWO V. COOKEY GAM | CUSTOMARY LAW:- Transfer of interest in land – When customary law as to alienation of land conflicts with equitable principles protecting person in possession of land – How treated |
| AKPASUBI V. UMWENI | CUSTOMARY LAW:- Customary mediation under a traditional monarch – Agreements as to land – Where repudiated subsequently through the initiation of litigation – Effect – Relevant considerations |
| ALFRED USIOBAIFO V. CHRISTOPHER USIOBAIFO |
CUSTOMARY LAW:- Sale of family property by head of family without the consent of the principal members of the family – Whether sale is void or voidable – Relevant considerations – Whether unimpeachable title can only be transferred from one community to another when head of the family does so with the consent and concurrence of the principal members of the family or community CUSTOMARY LAW:- Customary law practice relating to inheritance – Native law and custom of Ishan – Right of first born to control property of deceased father – Whether subject to the consent of other principal members of the family – Whether female members of family in Ishan do not inherit property – Whether only the first son who can do the burial can inherit the deceased property and exercise exclusive possessory rights over same |
| ALHAJI I.A ONIBUDO & ORS V. ALHAJI A.W AKIBU & ORS | |
| ALHAJI SAIBU YEKINI OTUN | CUSTOMARY LAW:- Yoruba Native Law and custom of succession to headship of a family – Proper person to succeed thereto. |
| ALHAJI TAJUDEEN BABATUNDE HAMZAT & ANOR V. ALHAJI SALIU IREYEMI SANNI & ORS | CUSTOMARY LAW – ISLAMIC LAW: Turbaning of a Chief Imam for generality of a Muslim community – When purported turbaning is irregular, null and void and of no effect- relevant considerations |
| AMACHREE V. KALLIO | CUSTOMARY LAW:- Nature of – Evidence of – Oral evidence of customary law expert or history – Attitude of court thereto – Whether right to exclusive use of major water body can be based on oral history – How treated |
| AMODU TIJANI V. SECRETARY SOUTHERN PROVINCES | CUSTOMARY LAW: Native Tenure of Land – White Cap Chiefs – Communal Land |
| AMUDA V. ADELODUN |
CHIEFTAINCY MATTERS:- Finding that a contestant for chieftaincy title does not belong to any ruling house for the chieftaincy-Consequence of CHIEFTAINCY MATTERS:-Traditional Council – Powers and extent of under a statute – Whether can make appointment to a chieftaincy – Where it makes appointment to chieftaincy – Effect. |
| ANEKWE V. NWEKE | CUSTOMARY LAW:- Right of inheritance – Whether the female inheritance custom of Awka people of Anambra State is repugnant to natural justice, equity and good conscience – Whether the respondent who has no male child can inherit the property of her late husband |
| ANTHONY V. ONYEBASHI | CUSTOMARY LAW:- Grant of land under Asaba customary law to female member of family – How proved – Whether daughter of grantee can succeed to the interest of mother-grantee in the land |
| AOKO V. FAGBEMI | CUSTOMARY LAW: – Conviction by Customary Court for Alleged Offence of Adultery — Whether adultery is an offence under a Written Law |
| ARASE V. ARASE | CUSTOMARY LAW:- Land holding rights under Bini customary law system – Proof of title by virtue of grant or inheritance – Role of the Oba of Benin – Other relevant considerations |
| ARYEE V. ADOFOLEY | CUSTOMARY LAW:- Christiansborg Native Law and Custom, Gold Coast (Ghana) – Alienation of “Outskirt land” – Power of Chief over land – Where chief restricted from alienating land without prior consultation with Head and Elders of Quarter – Effect |
| ASH V. AGBENDE | CUSTOMARY LAW:— Disputed customary marriages—Whether payment of dowry to marriage guardian is sufficient to establish marriage -Effect of non-registration of the customary marriage—Custody of child of disputed marriage. |
| ASHAYE V. AKERELE | CUSTOMARY LAW: – Sale of family land – Role of family – Purported change to customary law practice relating to sale of land and consent of family head – Need to plead and prove same – Effect of failure thereof |
| ASHOGBON V. ODUNTAN | CUSTOMARY LAW:- Native law and custom practices as to land – Forfeiture of right of occupation – Degree of misconduct which would justify same – Burden of proof – On whom lies – Duty of court thereto |
| AYEBAKURO V. TARIAH & ORS | CUSTOMARY LAW: – Evidence by oral history – Applicable considerations |
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JUDGMENTS OF NIGERIAN COURTS |
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| By Substantive Areas | |
