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NIGERIAN CASES CONNECTED WITH WIDOWS AND ORPHANS – 3

CHILDREN AND WOMEN LAW & POLICY REPORTS WITH SUPPORT FROM AFRICAN MOTHERHOOD INITIATIVES

AMI

INDEX TO NIGERIAN CASES ON WIDOWS AND ORPHANS IN NIGERIA

TITLE MAIN ISSUES

MARTINS V FOWLER

Women and Succession/Inheritance – Widow – Devolution of estate of deceased widow whose children predeceased without heirs – Claim of relatives – How treated
MARTINS V MARTINS

Children and Estate Management/Justice AdministrationOrphan’s property – Wrongful appropriation of assets left for orphan by uncle – Wrongful claim of the status of orphan’s guardian via affidavit by uncle of orphan for the purpose of obtaining funds put aside for infants benefit –  Infants right to reliefs  – Relevant considerations

MENIRU V IGWE

Women and Justice Administration – Fatal accidents of spouse Widows – Reliefs available – Parties against whom liability lie – Liability of corporate employer
METAL CONSTRUCTION (W.A) LTD & ORS V. MRS. D.A. MIGLIORE & ANOR.

Widow/Children (Minors) and Estate Administration – Right of widow and children to inherit estate of deceased father – Rectification of the Register of the company as to award them majority share holding of a company owned by deceased spouse/father-   Widow/Children (Minors)and Justice Administration – Attempt to use technical rules of court and legislation to defeat the ends of justice concerning the rights of a widow and her children– How treated

MR. SUNDAY ADEGBITE TAIWO v. SERAH ADEGBORO & ORS.

Housing and security of family life – Widowhood and mortgage liabilities of deceased spouse – Locus standi of widow to challenge perceived wrongful auctioning of her family home arising from mortgage liabilities of deceased spouse – Effect of liabilities of deceased spouse or family business on housing security for widows and children
MRS. CHRISTIANA CHISA TAFRI & ANOR V. EXECUTIVE GOVERNOR OF RIVERS STATE & ANOR.

Women and Justice Administration – Widow – Loss of adult child due to motor accident involving the convoy of a State Governor – Claim to recover burial expenses and other compensations after refusing settlement overtures of the government –  Effect of failure to discharge the onus of proof required to sustain claim – How treated

MRS. FOLUKE MUDASIRU & ORS. v. ANDREW OBINNA KALU ONYEARU & ORS.

Women and Inheritance rights – Estate administration – Succession rights – Widow and children of deceased person whose estate is under administration – Assertion and protection of interests in estate of deceased husband/father against third party claims/charges – Relevant considerations – Wife of deceased person – Fraudulent or bad faith ex parte applications preventing widow from participating in scheduled funeral rites of her husband so as to set up cultural barriers to her right to inherit in estate of deceased spouse – How treated by court
NWOBI V OKECHUKWU Widows/Children and Justice AdministrationFatal Accidents Act – Death of bread winner via motor accident caused by negligence of defendant – Claim of damages by dependents – Relevant considerations thereto

OBAJI V THE QUEEN

Widowhood – Women and Justice Administration/Security – Wife whose husband was killed by cult group so that she can be ‘given’ to a member of the cult – Criminal assault on individuals, families and communities – Failure of proactive law enforcement – Effect – Attitude of Court thereto
OBI V THE QUEEN

Women and Justice Administration- Indirect victims of crimeWidowhood – Mother whose son was docked for the brutal murder of father – How treated

OGBAMGBA  V. QUEEN

Women and Security/Justice Administration – Murder – Failure of law enforcement – Widowhood – Heroic wife who grappled with a knife wielding assailant of her husband with wrapper and bare hands – Police failure to act – Bystanders inspired to apprehend assailant – How treated by court
OKAFOR V AFRICAN INSURANCE CO. LTD

WIDOW: Fatal Accidents Act – When claim for compensation is deemed incompetent and statute barred

OKAFOR V IBEZIAKO

WIDOW: Claim under Fatal Accident Act – When claim is deemed incompetent and statute barred – Need to bring action within statutorily prescribed time limit – Effect of failure thereof – Relevant considerations
ONYIBOR ANIEKWE & ANOR. V. MRS. MARIA NWEKE

Widow – Women and interests in Property – Customary law challenges – Right of a widow over interests in land/property enjoyed by her deceased husband – Customary law which disentitles widows with female children only from inheritance to land and properties – Attitude of court thereto – Relevant considerations

OYIDIOBU V. OKECHUKWU

Women/Widows and Real Estate/Land – Women and Justice Administration – Protection of access way to property – Claim of woman and her husband (who died during pendency of suit) for damages caused by attempt to obstruct access way to their property – How treated
PRINCEWILL EYO ASUQUO & ORS. v. MRS. GRACE GODFREY EYO & ANOR.

Women and Real Estate/Property – Widow – Security of residential accommodation and customary law practices – Protection of interest in property enjoyed by deceased spouse – Relevant considerations

UBANI  V. THE STATE

Widows – Women and Justice Administration – Women and Security of Lives, Family lives and Communities – Wife and daughter who witnessed the brutal assault and kidnap of husband/father from which he was never seen again alive – Critical role as eye-witnesses – Implication for justice administration
UDOFIA V. THE STATE

Women and Crime – Wife who colluded with husband to ‘punish’ another man for making sexual advances on her – Death arising therefrom – Whether wife liable for husband’s killing of man – How treated – Women and Widowhood – Woman widowed by philandering acts of husband – Valiant efforts of wife to prevent tragic events

WHITE v. EDMOND

Widows and Inheritance – Child-bearing age – When a woman is deemed to be past child-bearing age for the purpose of administration of estate as outlined under a will – How treated

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