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CUSTOMARY LAW & RELIGION CONNECTED WITH NIGERIAN WOMEN AND CHILDREN

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

AMI

INDEX TO CUSTOMARY LAW AND RELIGION CASES CONNECTED TO NIGERIAN CHILDREN AND WOMEN

TITLE MAIN ISSUES
ABU V. THE STATE Women in Marriage and Religion – Tragedy arising from unresolved dispute between married couples of different religions – How treated

ADEGBOLA V FOLARANMI

Women/Children and SuccessionWomen/Children and Slavery – Validity of marriage contracted under native law and custom by a man who was subsequently taken abroad as slave and remarried in West Indies under Christian law – Legitimacy of child of the customary law marriage and right to inherit in the estate of Father inuring to wife of his Christian marriage – Relevant considerations – How treated

ADEYEMI V. BAMIDELE

Children/Women and Justice Administration Customary law and tort proceedings – Competency of parties – Need to prove customary law marriage of woman claiming to be spouse of deceased person – Need to prove legitimacy of out of wedlock children – Effect of thereto on Fatal accident proceedings
AFONJA V AIYELAGBE Women and Customary law – Recognition of a woman as Head of a family against the adverse claim of a family member seeking exclusive right to ownership of family estate – Attitude of court thereto
AGBONIFO V. AIWEREOBA AND ANOTHER Women, Customary law and ownership of Property – Possession of land under Bini Customary Law – Legal issues
AJADA V OLAREWAJU Women,  Real Estate and Customary law – Women in leadership – Women as recognized Head/Matriarch of whole villages in succession to their fathers – Implication for control over real estate/land – Defence of trespass over land – Duty of matriarchs to defend real estate held in trust for whole villages –  Relevant considerations
AKINBANBI AND OTHERS V. DANIEL AND OTHERS Women and Real Estate/Land – Defence of interest in land – Acquisition of land held under customary law – Need to trace its title properly

AKPASUBI V. UMWENI

Women and Real Estate/Land – Defence of title to land – Women and Justice Administration – Repudiation of unfair customary law mediation outcomes – Women and Customary Law – Embrace of constitutional rights over mediated outcome of customary law authorities
ANEKWE V. NWEKE Widows and Inheritance rights – Customary rules which discriminate against widow without male child for deceased husband – Security of homes and family lives – Attempt to disinherit widow and her daughters of their father’s house – How considered by courts

ARASE  V. ARASE

Women and interest in Real Estate/Land – Acquisition of property with disputed titles – Women and Customary Law – Customary law of inheritance and succession to property under Bini Customary Law – Implication for women’s landholding opportunities

ARTHUR HANSEN HAMMOND V. UNITED AFRICA COMPANY LTD. AND OTHERS

Women and Real Estate – Succession to property held under customary law by women – Relevance of mortgage citation signed by woman and her children alongside rival to the title towards the procurement of loan from the spouse of rival – How treated

ASH V. AGBENDE

Women and Justice Administration ­– Pregnant woman who left an existing customary law ‘marriage’ for another – Where both unions are declared invalid by court – Effect on rival claims pertaining to paternity and custody of child –  Whether Court can order an adult woman to live with a lover/husband against her will – Women and customary Law – Validity of marriage – Failure to observe constitutive rites and ceremonies – Whether cannot be cured by intention of parties, cohabitation and birth of child

Children and Justice Administration – Custody of child whose gestation coincided with different marriages/cohabitation of mother with two different men – Determination of paternity – Implication for custody – Whether it is in the best interest of child of disputed paternity to leave the question unresolved

ASHAYE V. AKERELE

Women and real estateWomen in businessWomen and customary law – Family land – Where wife is member of family but not the Head thereof – Whether husband can convey land belonging to wife’s family to third party without the consent of wife’s Family Head – Validity of conveyance – Whether defect cured by subsequent conveyance of land to husband by wife’s family – Implication for buyer’s suit to rescind and recover purchase price against wife

ATOBAJAIYE  V. ADEOYE

Women and Customary Law – Women and interest in Real Estate – Wife Inheritance – Younger brother inheriting wife of deceased brother and right to use property of brother – Assertion and defence of property – Relevant considerations

AWOYEGBE AND ANOTHER V. OGBEIDE

Women and Inheritance – Succession and property inheritance under customary law – Assertion of female succession line under customary law – Right of parties whose asserted interests over property arose when they were infants – Relevant considerations
B.A. LAWAL AND ORS V MESSRS. A. YOUNAN SONS Validity of Marriage – Polygamous marriages – Validity of marriage of 9 women to one man under moslem law – Requirement to prove customary law marriage in an action under the Fatal Accident Act – Effect of failure to thereto

BABALOLA V BABALOLA

 Women and Inheritance – Succession and property inheritance under customary law – Assertion of female succession line under customary law – Right of parties whose asserted interests over property arose when they were infants – Relevant considerations
BASSEY V QUEEN Women and murderWomen and customary law – Killing of mother-in-law – Customary law practices giving mother a right to give married daughter in marriage to another man because her husband went on a sojourn – Implications for justice administration

Women and Dispute resolution – Conflict over custody of child of first marriage under customary law – Conflict over failure to return bride price to 1st husband even after marrying another under customary law – Failure to resolve dispute over household property jointly owned and shared between ex-husband and ex-bride’s family – Failure of customary law dispute resolution processes – Assault of accused by (ex-)wife, mother-in-law and brother-in-law plus demand to give up ownership of house in their favour – Whether amounts to provocation at law – How treated

BELLO V. ASUNKE Women and Customary Law – Marriage and Bride/Dowry Price – Repayment of – Petition for “Divorce on Payment of No Dowry”– Reliefs available to women married under customary law in divorce proceedings

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