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CASES/JUDGMENTS ON CUSTOMARY LAW IN NIGERIA (2)
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CASES/JUDGMENTS ON CUSTOMARY LAW IN NIGERIA (2)
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| TITLE | MAIN ISSUES |
| B.A. LAWAL AND ORS V. MESSRS. A. YOUNAN SONS | CUSTOMAY LAW: Probate – Appointment of Administrator under customary law – Relevant considerations |
| BOT V. THE QUEEN | CUSTOMARY LAW:- Sequenced marriage rites – Expectations between couple who by native law and custom are not yet man and wife as the forms of marriage had not been completed – Status of relationship legally – Whether there is a position which the law affords a protection to a husband who killed his wife or her paramour in such circumstances |
| CUSTOMARY COURT OF APPEAL EDO STATE V. CHIEF (ENGR.) E. A. AGUELE & ORS. | CUSTOMARY LAW – DIVORCE: – Marriage contracted under Isoko Native Law and Customs – Court with jurisdiction to hear divorce proceedings arising therefrom – Whether Area Customary Court has jurisdiction to hear petition – Whether appeal arising from the Area Customary Court not relating to customary law matters lay to the Customary Court of appeal |
| D.W. LEWIS & ORS V. BANKOLE & ORS. | CUSTOMARY LAW:- Native law-Family property – Headship of family – Representative on family council-Alienation Leasing – Participation in rents-rights of members of family CUSTOMARY LAW:- Distinction between existing customs and ancient but non-existing ones – Repugnancy of a custom – How determined |
| DANMOLE V. DAWODU | CUSTOMARY LAW:- Yorubas – Succession – off springs of polygamous marriage – Distribution of deceased’s property – Idi-igi and Ori-ojori distribution methods as not intrinsically repugnant to equity, fairness and good conscience – When application of one in preference to the other may bring about outcome which is repugnant to equity, fairness and good conscience – Relevant considerations |
| DR. BENJAMIN OHIAERI v.ALHAJI B. I. YUSSUF & ORS | CUSTOMARY LAW – FAMILY PROPERTY:- Determination of Head of a family made up of a mother and her children – Implication for dealings in family property – Validity of sale of family land by Head of family without the consent of the other members of the family – Whether still a valid sale, only voidable at the instance of those other members of the family |
| EREWA V. IDEHEN | CUSTOMARY LAW:- Title to land – Benin customary law of land tenure – Duty of purchaser |
| EZEKIEL ADEKUNLE V. THE STATE | CUSTOM/RELIGION AND LAW:- Dependency on herbalists/native doctors for healthcare support- Belief in witchcraft and of right to lynch a person suspected of being a witch – Implication for justice administration |
| GOLD V. OSASEREN | CUSTOMARY LAW: – Bini customary law relating to ownership of land – Whether the radical title to all Bini lands rest in the Oba of Benin who acts as final authority over communal land – Where the same final authority approved sale of a plot of land to 2 different persons – How resolved – whether party whose transfer was anterior in time in receiving the Oba’s approval must at all times prevail |
| IDEWU INASA AND OTHERS V. SAKARIYAWO OSHODI | CUSTOMARY LAW:- Rights of lordship over land – Right to evict occupier for asserting rights inconsistent with terms of occupation- Limits – Chief – Whether cannot proceed to evict occupier without obtaining court declaration for forfeiture |
| IDOWU V. ABAYOMI | CUSTOMARY LAW:- Branches of a family under customary law and the effect of excluding any of it in the sale of a family property |
| IKPANG V. EDOHO | CUSTOMARY LAW:- Family or communal land – Assertion of ownership – Relevant evidence – When oral history may be subjected to scrutiny based on ascertainable facts of recent possession |
| IMORU V. KADIRI | CUSTOMARY LAW: – Existence of customarily law marriage – Need to prove same strictly – Loose form of marriage which could be conducted in the absence of the bridegroom who may never know about it performed by the father just offering the usual prayers for the daughter and afterwards informing the bridegroom that he is now married to the daughter – Onus of proving same – Attitude of court thereto |
| J. ADJARHO V. MRS G. AGHOGHOVWIA AND OTHERS | CUSTOMARY LAW:– Un-partitioned Family land – Where sold by head of family without the family’s consent – validity thereof |
| KANDE V. QUEEN | CUSTOMARY LAW:- Practice of returning dowry to husband as a seal of divorce – Side effects |
| KARARIN ALELU A. FARUQ V. A. SANI MAI ALLON KARFE | |
| KAREEM AND OTHERS V. OGUNDE AND ANOTHER | CUSTOMARY LAW:- Customary law title to land – How proved |
| KATSINA NATIVE AUTHORITY V. ABDULLAHI KOGO | CUSTOMARY/ SHARIA LAW: Native Law – Mohammedan/Sharia Law – Homicide –Evidence establishing presumption of guilt–Whether oath of conjuratores necessary for completion of full proof – Relevant considerations |
| KELE V. NWEREBERE | CUSTOMARY LAW:- Customary tenancy – Customary tenancy for specific period – Nature and character of – When comes to an end. |
| KOSOKO V. KOSOKO | CUSTOMARY LAW:- Family estate – Right of single member to demand from Head of family account for rent without support of the family – How treated |
| LATUNDE V. LAJINFIN | CUSTOMARY LAW- Determination of membership of a family unit |
| LEWIS V. MAJEKODUNMI | |
| LIBERT ADEYEMO DANIEL V. NATHANIEL DANIEL | CUSTOMARY LAW:— “Kola” tenancy – Whether once it is admitted that the property is held under a Kola tenancy, the one thing which the holder cannot do under native customary law is complete alienation – Applicable principles |
| MAKANJU AKINYELE & ORS V. REV. JOHNSON ADEBAYO | CUSTOMARY LAW:– Transfer of Land via absolute gifts under customary law – Requirement for proof of title under customary law – The role of witnesses in the transaction CUSTOMARY LAW:- Distinction between customary law title over a family land and a personal holding – Validity of a gift absolute relating to a family without the consent of relevant members of that family |
| MARY ETITIAN V. PIUS MUSA | CUSTOMARY LAW:- Custody of infant child of unmarried mother — Rights of parents under customary law – Whether detention of child from person legally entitled to custody amounts to unlawful detention for purposes of habeas corpus – Jurisdiction of the High Court to administer customary law, section 26 High Court Law (Cap.52) |
| MGBOJI & ORS V. AJUZIEOGU & ORS | CUSTOMARY LAW – CHIEFTAINCY:- Claim for declaration as person lawfully selected for a traditional stool – Relevant litigation considerations |
| MISS HELEN EGBUCHE V. MR. PATRICK OKECHUKWU EGBUCHE | CUSTOMARY LAW:- Inheritance rights of female children –Relevant considerations |
| MOJEKWU V. IWUCHUKWU | CUSTOMARY LAW:- Repugnancy Test – Where a Court is faced with a custom of a people and it conceives that such a custom may have some clement of repugnancy – Need to remember that a custom cannot be said to be repugnant to natural justice, equity and good conscience just because it is inconsistent with English law concept or some principle of individual right as understood in any other legal system – Need for Court to hear the parties and act with solemn deliberation over all the circumstances before declaring or pronouncing a custom repugnant – Where repugnancy is established – Need for language used in making pronouncement not to be so general and far-reaching that it seems to cause and is capable of causing strong feelings against all customs with similar ingredients regardless of context CUSTOMARY LAW:- Customary inheritance – Applicable customary law of intestate succession to property held under a different customary law by a deceased person governed by a different personal law – Kola tenancy of Onitsha and “Oli-ekpe” custom of Nnewi – Doctrine of lex situs – Effect – How resolved |
| MR. FRANK OMORODION IGORI V. MASTER OTASOWIE IGORI & ORS | CUSTOMARY LAW – BINI CUSTOMARY LAW: – Concept of Igiogbe in Benin Custom – Implication for intestacy and inheritance rights – Home where the deceased lived – Right of first son thereto – Nature of trust created upon death of a father and beneficiaries thereto – Performance of the second (final) burial rites – Legal effect |
| MR KINGSLEY NWACHUKWU V. MR ULONNAM OKAELU | CUSTOMARY LAW – SALE OF LAND: Requirements for a contract of sale of land – Minimum requirements – Whether requires a conveyance as obtained under English law – Part payment of price for sale of land – Whether gives a buyer equitable interest in the property – Whether the law will permit the invocation or the order (of specific performance) the moment there is establishment of contract and a party failed to fulfill his own side of obligation to the contract – Whether part payment will affect the invocation of specific performance where deemed appropriate |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES
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