POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
FIND JUDGMENTS BY:
CASES/JUDGMENTS ON CUSTOMARY LAW IN NIGERIA (3)
[Judgment(s) are listed and published here for free but can procured in electronic PDF copies for a fee in singles or compendium. Research support is also available. Email us through lawnigeria@gmail.com and info@lawnigeria.com or text 07067102097]
TITLE | MAIN ISSUES |
MRS. OBARO V. PROBATE REGISTRAR | CUSTOMARY LAW:- Succession to property under Bini Customary Law – When litigation can be instituted – Locus standi to institute proceedings – Whether anyone can administer deceased’s estate before the second burial CUSTOMARY LAW:- Female inheritance and Bini customary – Right of a woman in the administration of estate of deceased father – Rule that only a first son can hold estate in trust for himself and other heirs until deceased father’s second burial – Implication for female heirs right locus standi to initiate suit challenging management of the estate – When deemed ousted |
NEZIANYA V. OKAGBUE | CUSTOMARY LAW:- Onitsha native law and custom – Married woman – How regarded – Married woman without a male child – Whether capable of alienating deceased husband’s property CUSTOMARY LAW:- Acquiescence that bars an action for ejectment – Acquiescence that serves to vest right in occupier – Distinction between |
NKAMA V. UKA | CUSTOMARY LAW: – Succession to property – Proof of customary law – Succession to property through a patrilineal system to the exclusion of any other – When deemed not proved – Onus to prove same – On whom rests |
NWOSISI V. THE STATE | CUSTOMS AND LAW:- Adulterous relationship by married woman condoned by husband – Child resulting therefrom – Right of husband to claim paternity – Implications for justice administration |
OKE LANIPEKUN LAOYE AND OTHERS V. AMAO OYETUNDE. | CUSTOMARY LAW:- Appointment of Native chief – Native law and custom – Jurisdiction – Overriding legislation – Whether applicable to a head chief only |
OKE & ANOR V. OKE & ANOR. | |
OSAMWONYI V. OSAMWONYI | CUSTOMARY LAW:- Benin Customary law regarding marriage – Whether payment of dowry without subsequent cohabitation and consummation is enough to constitute a marriage – Whether consent of prospective bride is required |
OZOGULA II V. EKPENGA | CHIEFTAINCY:- Customary duties to be performed – Application of Mandamus thereto. CHIEFTAINCY:- Whether a legal right. CUSTOMARY LAW:- Proof of – Evidence of party asserting customary law not corroborated – Effect. |
PASTOR AKIN OLATUNJI V. MR.OLUWOLE AKINGBASOTE & ORS | CUSTOMARY LAW– YORUBA FAMILY SYSTEM- HEAD OF FAMILY:- How the head of a family emerges – Rights, powers and privileges of the Head of family – Limits of the powers of the Head of the family vis a vis branches (stirpes) and members of the family CUSTOMARY LAW – YORUBA FAMILY SYSTEM – FAMILY PROPERTY:- The powers the family Head over family property – Rights of branches or stirpes of a family over dealings concerning family property |
S. J. ADESEYE AND OTHERS V. S. F. TAIWO AND OTHERS | CUSTOMARY LAW: – Succession – Yorubas – Children of deceased person inheriting to the exclusion of other relatives – Justification |
THE EXECUTIVE GOVERNOR OF OSUN STATE & ORS V. IREWOLE LOCAL GOVERNMENT, IKIRE & ORS | CUSTOMARY LAW – CHIEFTAINCY MATTERS: Selection and installed of a community chief – Where there is an existing declaration pursuant to the law of the State regulating Chieftaincy affairs – Duty of prescribed authority thereto – Effect of failure of prescribed authority to adhere thereto |
TONY ANOZIA V. MRS PATRICIA OKWUNWA NNANI & ANOR | CUSTOMARY LAW – PRESUMPTION OF PATERNITY AND VALID MARRIAGE:- Attitude of the court towards a mother’s testimony regarding child’s paternity – Presumption of paternity during the pendency of a valid marriage – Paternity of a child born in the year the father died |
UBEKU V. UBEKU | CUSTOMARY LAW:- Arranged marriage – Bride price payment – Expensive marriage celebration expenses placed on men – Attitude of Court thereto – Whether promotes or perpetuates treatment of married women as chattel – Whether customary law practices conflict with the meaningful application of the Marriage Act – Need for change in customary law marriage practices across Nigeria |
UBUDU V. BULAMA ABDUL-RAZAK | |
UDOFIA V. THE STATE | CUSTOMS AND LAW:- Customary taboos – Whether relevant considerations in criminal proceedings – Testimony that amongst the Efiks, it was an abomination and against Calabar custom to allow a person to go to another man’s house and for the man to have sex with the man’s wife on the man’s own bed – Whether valid ground for finding provocation so as to convert murder to manslaughter |
UHUNMWANGHO V. OKOJIE | CUSTOMARY LAW:- Customary Land Law (Bini) Land Tenure Oba of Benin’s approval of allocation Prior inspection by Plot Allocation Committee before recommendation to Oba Not a prerequisite where the allotted land situated in a plot Allotment Committee Layout and not in the bush. |
UKEJE V. MRS LOIS CHITURU UKEJE | CUSTOMARY LAW:– Native law and custom disentitling a female from sharing in her deceased father’s estate – Whether constitutional – Section 39(2) of 1979 Constitution considered |
UKUT V. QUEEN | CUSTOMARY LAW:- Marriages – Arranged marriages and remarriage – Pregnant woman given out by her father to the mother of 2nd prospective but absent husband – Murder arising therefrom in the hands of 1st husband – How treated |
UWELE V. THE QUEEN | CUSTOMARY LAW: Twin killing – Attitude of court thereto |
UYOVBARIA V. KPOROARO | CUSTOMARY LAW:- Customary tenancy – Fixing annual tribute payable in respect thereof – Power of court so to do. |
VICTOR ADEFIOYE AYOADE V. THE EXECUTIVE GOVERNOR OF OSUN STATE & ORS | CUSTOMARY LAW – CHIEFTAINCY MATTERS – CHIEFTAINCY DECLARATION CONTAINED IN A REPEALED LAW: Effect of repealing a Chieftaincy Law on a Chieftaincy declaration contained in it CUSTOMARY LAW – CHIEFTAINCY MATTERS – REGISTERED DECLARATION: Effect and applicability of registered declaration |
WARABI ALAO V. OLADEJO AJANI | CUSTOMARY LAW:- Family land – Alienation without consent – Effect CUSTOMARY LAW:- Family land – Extent of rights of allottees over family land CUSTOMARY LAW:- Family property – Alienation of property built on family land – Whether consent of family required. |
ZAIDAN V. MOHSSEN | CUSTOMARY LAW:- Meaning – Whether includes conflict of law rules designed to resolve rival customs applicable to any matter – Whether moslem law is part of customary law |
JUDGMENTS OF NIGERIAN COURTS | |
By Substantive Areas | By Litigation/Procedure Areas |
JUDGMENTS BY AREAS OF PRACTICE
JUDGMENTS BY PRACTICE/PROCEDURE ISSUES