3PLR – CHRISTIANA UGU V. ANDREW EBINNI TABI
MADAM CHRISTIANA UGU V. ANDREW EBINNI TABI IN THE
NIGERIAN DIVORCE AND CUSTODY CASES
CHILDREN AND WOMEN LAW & POLICY REPORTS WITH SUPPORT FROM AFRICAN MOTHERHOOD INITIATIVES
INDEX TO NIGERIAN DIVORCE AND CUSTODY CASES
| TITLE | MAIN ISSUES |
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Custody proceedings – Good mother – Meaning of – Implication for custodial proceedings – Whether a mother who looks after the children well, giving them love and, as far as she can but by her conduct broke up the home thereby denying the children of a father-and-mother home is not a good mother – Whether mother who leaves and breaks up her home cannot as of right demand to take the children from the father – Justification Custody proceedings – Foreigner – Employment status of mother or assured visible source of income – Stability of immigration status within jurisdiction if a foreigner – Suitable accommodation – Implication for petition for custody |
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Divorce on ground of cruelty and adultery – Proof of marriage – Necessity that Certificate of Marriage support the existence of the marriage – Whether court will not entertain a suit where the names of the parties are improperly omitted from or retained in the title – Discrepancy between the maiden name of the petitioner as given in the certificate and that given in the petition – Where evidence was not adduced to satisfactorily account – Legal effect Divorce Proceedings:– Change of surname after Divorce and Implication for Divorce proceedings – Marriage Certificate and Names on it – Need for consistency in the name used by the wife in the Marriage Certificate and that used in pleadings relating to divorce proceedings – Where different – Need for wife/petitioner to give evidence to show that the petitioner was at the time of the marriage known with the name on the Certificate of Marriage or that she is the same person then so known |
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Divorce proceedings – Petition on ground of divorce – Where wife alleges adultery between husband and another woman – Proper practice and procedure towards making same a cross-respondent, a named party or claiming costs or damages against same – Rights of a woman named as an adulterer in divorce proceedings to be joined as a cross respondent – How exercised Divorce proceedings – Requirement to state the status of Wife before marriage – Rule 4(1) (a) of the Matrimonial Causes Rules, 1957 – Whether mandatory – Whether failure to do so is cured by the insertion of “nee (Wife’s pre-marriage surname) |
| ADESANOYE V. ADESANOYE | Women and Divorce – Ancillary claims – Award of custody of children and maintenance – Children and Divorce proceedings – Security of education and wellbeing of children of divorced parents – Legal orders relevant thereto |
| ADEYEMI V ADEYEMI | Women and divorce – Children and Custody Order – Judicial prescription of compatibility and period of courtship for persons before they get married – Proof of adultery required for grant of Order of Divorce – Whether woman against whom an order for divorce was granted for committing a matrimonial offence is automatically excluded from custody of child of the marriage – Grant of custody of children to their mother where she is the only one requesting for same – Whether automatic – Whether there is need to show evidence that arrangement for proper upkeep of child has been made |
| ADEYINKA V OHURUOGU | Women and Divorce – Matrimonial proceedings – Divorce on ground of adultery of wife – Award of damages to husbands for adultery – Guiding principles thereof – Attitude of courts to loose and immoral women |
| AJAYI V AJAYI | Women and Divorce – Women and Justice Administration – Petition for divorce on ground of adultery – Effect of respondent/woman’s failure to file an Answer – Whether admission of adultery and pregnancy for another man – Children and Custody – When custody of children of the marriage would be granted to the father |
| AJAYI V. DR. ADEDAYO BENEDICT AJAYI | Matrimonial causes – Divorce proceedings – Petition for decree of Dissolution of marriage on the ground that the marriage has broken down irretrievably – Proper forum for initiating petition – Relevant considerations |
| AKINSETE V AKINSETE | Women and Divorce – Marriage Celebrated abroad – Desertion of spouse studying abroad, adultery, childlessness and interference by mother-in-law – Issues leading to marriage breakdown and weight attached to them by courts in granting order of divorce regardless of wife’s express declaration of passionate love for husband |
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Women/Children and Divorce – Petition for divorce on ground of adultery – How proved – Test for ‘proof beyond reasonable doubt’ applicable to adultery – Familiarity and opportunity – Treatment by court thereof – Claim for custody – Relevant considerations |
| ANEKE V ANEKE |
Women and Justice administration – Maintenance and custody of child – Misconceived application of woman’s lawyer – Effect – When Court may deem the fact of a case peculiar and deserving of its exercise of discretion – Relevant considerations Matrimonial causes – Effect of Matrimonial Causes Decree – Whether confers a right of appeal from a decision of the High Court including an order made by that court in the exercise of its jurisdiction under the Decree as from the 17th March, 1970, when the Decree came into force Proceedings |
| ANYAEGBUNAM V. ANYAEGBUNAM | Women and Justice Administration – Divorce and separation – Petition for Judicial Separation – Whether Church ceremony constitutes valid marriage under the Marriage Act – Relevant considerations |
| APARA V APARA | Children and Divorce/Custody proceedings – Need to consider same with seriousness – Whether a party in whose favour a divorce decree is granted is automatically entitled to custody of children of the marriage under 16 years – Care of children as paramount considerations – Relevant considerations |
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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 – Matrimonial causes 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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Matrimonial causes and customary law – Polygamy and divorce – Woman given notice of divorce by husband – Belief that co-wife is responsible for divorce – Fight and stabbing of co-wife occasioning death – Child of deceased present in room when fight ensued – Implication for children of the marriage and justice administration |
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