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NIGERIAN DIVORCE AND CUSTODY CASES – 2

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

AMI

INDEX TO NIGERIAN DIVORCE AND CUSTODY CASES

TITLE MAIN ISSUES
BELL-GAM V BELL-GAM Women/Children and Divorce – Petition for dissolution of marriage and custody of children – Order for maintenance of children – Need to give to give fair hearing to both parties – Effect of failure thereto
BELLO V. ASUNKE Women and Customary Law – Dowry Repayment – Petition for “Divorce on Payment of No Dowry”– Reliefs available to women married under customary law in divorce proceedings

BEN C. EMODI & ORS V. MRS. PATRICIA C. EMODI & ORS.

Children and Divorce, Administration of Estate and succession to property – Effect of judicial decree of divorce based on impotence of husband on subsequent claims by persons claiming to be children of the dissolved marriage – Determination of paternity of claimants as heirs of deceased person in the absence of the evidence of their mother – Whether can be sustained relevant considerations
BERNARD V.  JOSEPHS

Women and Real Estate – Joint ownership of property with husband or fiancé – Nature of interests created regardless of whose name the property was conveyed – Legal effect in the event of a separation

Women and Justice Administration – Attitude of courts to joint ownership of property between unmarried and married couples living together or to application for sale/division of property bought with intention to be used as matrimonial home – Application for sale of property used as family house due to divorce – Ho treated by court

BLUNT v BLUNT Women and Divorce – Petition and cross-petition for dissolution of marriage with a child – Spouses both allege and admit to adultery – Relevant considerations – Attitude of courts thereto
BOCK V BOCK Divorce proceedings – Wife, who had obtained a civil aid certificate under the Legal Aid and Advice Act, 1949 to present a petition for divorce on the ground of the husband’s cruelty – Where the petition was dismissed – Taxation of the wife’s bill of costs under Sch 3 to that Act – Whether the registrar is entitled to refuse to allow the wife any expenses for attending court, on the ground that the trial judge had disbelieved her evidence, and that since she must have known that what she said in evidence was false her conduct was wanton and vexatious
CHARLES OWOLOGBO UGBOTOR V. FLORENCE MAMUROMU UGBOTOR Matrimonial Causes: – Divorce Proceedings – Relevant Grounds For Granting Or Rejecting Same – Effect Of Childlessness On Marriage And Other Considerations – How Treated By Court
CUSTOMARY COURT OF APPEAL EDO STATE v. CHIEF (ENGR.) E. A. AGUELE & ORS. Divorce under Customary Law: Proper Court For Adjudication – Customary Courts – Role And Extent Of The Appellate Jurisdictions Of The Customary Court Of Appeal Over Such Matters – Relevant Considerations
EMANUEL V EMANUEL Women and Divorce – Collusion between spouses as to terms of their expected divorce – Attitude of courts thereto
ENEKEBE V. ENEKEBE Divorce Proceedings based on grounds of adultery and cruelty – Where cruelty proved against woman but man shown to have indulged in bigamy subsequently and culpable delay – Interest of children of the marriage – Whether obligates court to exercise discretion in favour of dissolution of marriage as one irretrievable broken down

ETIM V. ETIM

Women and divorceChildren and custody proceedings – Husband’s petition for divorce and grant of custody of child of the marriage on ground of cruelty – How proved – Duty of wife/respondent to challenge evidence adduced in proof of cruelty – Effect of failure thereto
ETTENFIELD v. ETTENFIELD Women and Divorce – Children and Legitimacy/Paternity – Legitimacy of child born during the pendency of a separation agreement not sanctioned by court among married couple – Presumption of legitimacy – How rebutted – Relevant considerations
FOLASHADE TOLULOLA AJAYI v. DR. ADEDAYO BENEDICT AJAYI Women and Matrimonial causes – Petition for Divorce initiated by husband on ground that marriage has broken down irretrievably – Proper forum – How treated
FOLAWWIYO V FOLAWIYO Women and Divorce proceedings – Implications for personal health/sanity and education/wellbeing of children of the marriage – Children and custody – Relevant considerations
FRANCIS V FRANCIS Women and Divorce proceedings – Wife’s application to dismiss suit as incompetent – When deemed frivolous application – Attitudes of courts thereto
FRANCIS V FRANCIS Divorce – Legitimacy and custody of child of the marriage – Child conceived after mother’s adulterous affair which was condoned by father who continued marital intercourse using contraceptives – Whether spousal understanding that child was illegitimate rebuts presumption of legitimacy for a child born during pendency of marriage

FREGENE V. FREGENE

Women and divorce – Failure of women/respondent to file answer to the petition – Witnesses resident and domiciled in England – Whether entitles husband/petitioner to tender evidence of his witnesses in affidavit form to be read at the trial proper – How treated by court
GISSING V GISSING Women and Marriage – Divorce, Maintenance and Matrimonial properties – Need for courts not to apply the strict laws of contract to the dealings of husband and wife – Justification – Wife’s stake in matrimonial property – How determined – Whether contributions of wife considered need not be direct if she was relieving the husband’s purse in other ways thus facilitating the obtaining of title in the property

HEWER V. BRYANT

Young people and custody – Vocational education in a farming education facility for a minor not academically proficient – A parent’s right of custody over child in an education or vocational training facility – Nature of – Parent’s right to his children in their law-suits without being guilty of the legal crime of maintaining quarrels – Persons entitled to sue as child’s next friend
HOBBS V HOBBS AND COUSENS Divorce on ground of wife’s adultery – Claim against third-party adulterer for costs including husband’s expenses to attend court – Attitude of courts thereto

JAMGBADI v. JAMGBADI

Petition for divorce on ground of adultery – Husband: Cross-petition for divorce on grounds of adultery and desertion – Failure of both wife and husband to prove adultery – Failure of court to consider husband’s ground of desertion – How treated by appellate court

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