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 |
ABU V. THE STATE | Women in Marriage and Religion – Tragedy arising from unresolved dispute between married couples of different religions – How treated |
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Women/Children and Succession – Women/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 |
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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 |
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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 |
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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
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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 |
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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 |
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Women and real estate – Women in business – Women 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 |
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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
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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 |
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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 murder – Women 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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