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 |
LIBERT ADEYEMO DANIEL V. NATHANIEL DANIEL
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Women and Inheritance rights/Estate administration under customary law – Succession to land held under ‘kola’ tenancy– Rival Claims of Child of the Marriage and Step-Child – Land acquired by couple before their marriage under the Marriage Ordinance in circumstances indicating it was acquired for woman by man – Land acquired and held under a customary law system which does not allow for total alienation thereby taking it outside of the operation of the Marriage Act – Where couple subsequently lived on property after marriage – Nature of holding established – Rival claim to succeed to property brought by a child of the marriage and another child of the husband by another woman – How treated |
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Women and Inheritance, Real Estate, and Customary Law – Practice of female daughters remaining in the home of their fathers to procreate for the father who had no surviving male offspring in accordance with the custom of their people by which custom she becomes entitled to inherit the estate of her father – Implication for justice administration Women, Customary law marriage and Estate administration – Bride price – Person who receives same in lieu of the dead father of the bride –Implications for control of estate of bride’s father – Burial expenses of a deceased person without a male son – Person who bore same – Implications for control of estate of deceased person |
MACKAM V. THE QUEEN | Children and Religion/Security – Belief in witchcraft – Brutal murder of young girl accused of witchcraft by allegedly causing her mother’s death via snake bite |
MAMMAN KUSU V. SOKOTO NATIVE AUTHORITY | Women and Healthcare and Religion – Access to basic healthcare and health education – Religion – Belief in witch-craft and spells – Effect on wellbeing of women, criminality and justice administration |
MISS HELEN EGBUCHE v. MR. PATRICK OKECHUKWU EGBUCHE | Female Children and customary rights of Inheritance – Onitsha customary law – Interest of female children – How treated – Attitude of court thereto – Relevant considerations |
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Women and Customary law, Inheritance Rights/Justice Administration/Real Estate – Right of women to inherit property under customary law – Perceived discrimination against women via a cultural practice which excludes women from inheritance of property – Need for same to be specifically pleaded and proved Children and Inheritance rights vesting by virtue of paternity and marriage of parents – Need to prove paternity of child and marriage of woman – Where father/husband is deceased – Need to fix time of death – Female children and inheritance rights under customary law – Relevant considerations |
MR. FESTUS OSEMWINGIE & ORS V. MR. OROBOSA OSEMWINGIE & ORS.
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Inheritance Rights – Children and Succession rights based on the circumstances of birth – Right of first son under Bini Native Law and Customs – Will and probates – Where there is conflict between provisions of a will and applicable customary law stipulations as to inheritance – Relevant considerations |
MR. FRANK OMORODION IGORI V. MASTER OTASOWIE IGORI & ORS. | Children and Customary Rights of Inheritance – Distribution of interests in property via Will and demands of Benin Customary Law – How modern lifestyles is shaping judicial interpretation relating to customary inheritance rights – Relevant considerations |
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Women and Religion/Healthcare/Justice Administration – Belief in Witch-craft – Security of aged persons from extra-judicial killing – Woman, aged 80, killed by accused on the belief that she cast a spell that made accused’s wife from miscarriage related infection – Where trial court found that condition of deceased wife was attributed bona fide to witchcraft – How treated |
NEZIANYA V OKAGBUE | Women, and Inheritance/Property rights – Onitsha Customary Law – Right of wife over land belonging to deceased husband where she separated from him when he took another wife vis a vis interests of man’s relatives– Right of female child of the marriage thereto – Relevant considerations |
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Women and Inheritance rights – Women and Customary law practices – Succession to land – Matrilineal and Patrilineal system – Where one is pleaded to operate to the exclusion of the other – Need to prove same – Existence and effect of matrilineal system of inheritance under customary law |
OLUWATUYI & ANOR V. OWOJUYIGBE & ANOR | Women/Children and Inheritance Rights – Idi-Igi customary right of inheritance under Yoruba customary law – Polygamous family – Inheritance right of children via wives – Protection of – Relevant considerations |
ONYIBOR ANIEKWE & ANOR. V. MRS. MARIA NWEKE | Women/Female children and Justice Administration – Customary practices relating to Inheritance/Succession to property – Widow – Right of a widow to assert 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 |
OSAMWONYI V. OSAMWONYI | Women and Justice Administration – Divorce, Customary Law and Education – Bini customary law of marriage – A husband’s petition for divorce on ground of subsisting customary law marriage between wife and a third party – Whether receipt of dowry from suitor by father of an educated young woman without her consent constitutes a marriage without more – How treated |
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