CHILDREN AND WOMEN LAW & POLICY REPORTS WITH SUPPORT FROM AFRICAN MOTHERHOOD INITIATIVES
INDEX TO CUSTOMARY LAW AND RELIGION CASES CONNECTED TO NIGERIAN CHILDREN AND WOMEN
TITLE | MAIN ISSUES |
BOT V THE QUEEN | Women and Customary Law/Justice Administration – Killing of prospective bride – Suspicions of infidelity and humiliation– Failure to recover bride price – Expectations between couple who by native law and custom are not yet man and wife as the forms of marriage had not been completed – Whether there is a position under which the law affords a protection to a husband who killed his wife or her paramour in such circumstances |
CHIEF REGINALD F. AYEBAKURO v. CHIEF SAMBO AYESA TARIAH & ORS | Customary law and succession – Assertion of interest arising from connection with a lineage – Women as witnesses – Marriage and filial relationship – Need to prove same via credible evidence – Effect of failure thereto |
CUSTOMARY COURT OF APPEAL EDO STATE v. CHIEF (ENGR.) E. A. AGUELE & ORS. | Women and Justice Administration – Divorce under Customary Law – Proper court its adjudication – Customary Courts – Role and extent of the appellate jurisdictions of the Customary Court of Appeal over such matters – Relevant considerations |
D.W. LEWIS AND ORS. V. BANKOLE AND ORS. | Women and Customary law/Leadership and Justice administration – Right of a woman to be Head of a family under customary law –Attitude of court to customs limiting the rights of women vis a vis their male counterparts |
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Women/Children and Succession/Custom/Justice administration – Off-springs of polygamous marriage – Customary practices relating to distribution of deceased’s estate – Idi-Igi and Ori-Ojori Yoruba customary law practices relating to succession – Essentials of – Need to ensure that preference is given to succession practice which within the peculiar facts of the case would not bring about an outcome that is repugnant to equity, fairness and good conscience |
DAWODU V. DANMOLE
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Women/Children and Succession/Custom/Justice Administration – Off-springs of polygamous marriage – Customary practices relating to distribution of deceased’s estate – Idi-Igi and Ori-Ojori Yoruba customary law practices relating to succession – Essentials of – Need to ensure that preference is given to succession practice which within the peculiar facts of the case would not bring about an outcome that is repugnant to equity, fairness and good conscience |
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Women and Real Estate – Conflict over ownership of interest over land – Interest traced to a grant made by grandmother under customary law – How treated by trial court against opposing claim set on family ownership |
EKAETE BASSEY OKPOSIN & ORS. V. FLORENCE ASSAM (MRS.) & ORS | Women and Real Estate – Customary law and family interests in land – Women as representatives of families – How treated |
EZEKIEL ADEKUNLE V. THE STATE | Women and Customary Law Practices, Healthcare and Justice administration – Starvation, banishment, and mob-killing of elderly sick woman who was banished from her family home on account of protracted illness and allegation of practising witchcraft – Assault of young woman trying to evacuate said banished woman on her back for some relief – How treated by court |
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Children/Women and Customs/Human Rights/Justice Administration/Property Rights/Inheritance – Right to Dignity of the Human Person, Protection from Servitude and Right to property – Persons/Families designated as customary slaves/domestic helpers – whether or not a customary slave could be regarded as a member of his overlord’s household – Right of customary slaves/domestic helpers even after several generations of aligning with and living with a particular land holding family and enjoying rights over land – right to property or compensation for compulsory acquisition of property granted by overlord – Whether modern legal developments have not elevated the status of customary slaves to the position of equal partners with their overlord’s children – Implication for the distribution of monetary compensation for property acquired by government even where property had been given to customary law slaves for generations for their use |
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Young persons and Customary practices – Administration of estate of deceased parent – Practice of inviting older relative to join as party for the grant of letter of administration – Whether establishes any co-ownership right in invited relative – Relevant considerations |
IBUM OLUMBA & ORS V. THE REGISTERED TRUSTEE OF THE BROTHERHOOD OF THE CROSS & STAR | Wife and heirs of founder of a religious Non profit organisation – Real estate and other properties of the non profit – Inheritance right/claim of heirs and spouse of founder thereto vis a vis those of registered trustees of the non-profit – Relevant considerations |
IDEWU INASA AND OTHERS V. SAKARIYAWO OSHODI
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Children/Women, Security of Housing and Customary Law – Security of housing under customary law – Practice of Chief ejecting ‘domestic’/occupier in a native compound along with relatives over disputes without court order – Attitude of court thereto – Children/Women and Customary Law – Forfeiture of interest over land under customary law – Limits thereon – Implications for security of family life |
IDIONG V THE QUEEN | Women and Customary Law – Runaway bride – Murder of father-in-law for failure to return bride price – Cultural practices affecting marriage-related disputes – How treated |
IDRIS OLOYEDE ASANIKE v. MRS. OJUOLAPE AKINLEYE & ANOR | Women and Real interest – Protection of interest in land under customary law – Relevant principles – Available legal reliefs |
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Children/Women and Murder, Justice Administration AND Religion/Witchcraft – Murder of grandmother and grand children by accused person due to a belief in witchcraft – How treated by court |
IN RE EFFIONG OKON ATA v CHIEF ELIJAH HENSHAW | Women and Slavery – Women and Succession/Inheritance – Succession to the properties of slave born person – Right of sister of a slave-born person against former slave-masters – Right of wife against other relatives to administer personal property of a deceased ex-slave |
J. J. ADJARHO AND ANOR. V. MRS G. AGHOGHOVWIA AND OTHERS | Women and Real Estate/land – Defence of interest in un-partitioned family land (rubber plantation) held under customary law against unilateral sale by eldest son/Head of family – How treated |
KANDE V QUEEN | Women and Customary law – Repayment of bride price to husband as seal of divorce – Rejection and abandonment of wife with 4 months old baby by husband to instigate repayment of bride – Assault of wife with machete and killing of a 3rd party care-giver for the wife for interfering with wife and pathway to reimbursement of dowry – Attitude of Court thereto |
KARARIN ALELU A. FARUQ v. A. SANI MAI ALLON KARFE | Muslim/Islamic/Sharia law – Interest in land – Matrimonial line of inheritance – Whether recognised under Muslim/Islamic/Sharia law – Relevant considerations |
KUSU V. SOKOTO NATIVE AUTHORITY | Women and Healthcare, Religion and Justice Administration – Access to basic healthcare and health education – Belief in witch-craft and spells – Murder – Belief of husband and wife that a third party cast spell on the wife thereby preventing her recovery after treatment by herbalists – Brutal murder of alleged spell-caster by accused/husband – Attitude of Court thereto – Implication for the wellbeing of women, criminality and justice administration |
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