3PLR – CHRISTIANA UGU V. ANDREW EBINNI TABI
MADAM CHRISTIANA UGU V. ANDREW EBINNI TABI IN THE
NIGERIAN DIVORCE AND CUSTODY CASES – 3
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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Women and Customary law – Repayment of bride price to husband as seal of divorce – Rejection and abandonment of wife with 4 months old baby by husband to instigate repayment of bride – Assault of wife with machete and killing of a 3rd party care-giver for the wife for interfering with wife and pathway to reimbursement of dowry – Attitude of Court thereto |
| LAWSON V. LAWSON | Matrimonial proceedings – Petition for divorce on ground of cruelty against wife – Relevant considerations – Conduct capable of bringing on illness to spouse- Neglect of spouse during spell of illness – How treated |
| MAJEKODUNMI V. MAJEKODUNMI | Women and Divorce – Women and pregnancy – “Marriages for convenience arising from or brought about by the fact that the woman is in a state of pregnancy for the man, and which without any real foundation of sincere desire for each other’s company eventually ends in the Divorce Registry of the Court” – Where the parties have since the wedding never lived together and are not even likely to do so and the husband have neglected to support the wife – Where husband has since lived with another woman and given birth to a child with same – Whether ground to find exceptional depravity on the part of the husband – Whether sufficiently shows exceptional hardship suffered by the wife since the marriage was solemnized and ground for grant of divorce |
| MARY ETITIAN v PIUS MUSA | Custody and legitimacy of children born out of wedlock – Women and Justice – Custodial rights of unmarried mothers – How treated |
| MEME V MEME | Women and Divorce proceedings – Woman cross-petitioning on ground of adultery and cruelty – Payment of maintenance and alimony – Distinction – Quantum – Relevant considerations – How treated by courts |
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Women in Business and Divorce – Award of damages against woman for fraudulently taking money from the business accounts of a company she had run with divorced husband as partner – Failure to attend trial due to post-divorce depression affliction and arson on her home – Application to set aside – Request for adjournment to seek further legal advice and/or representation which she could not afford having been denied legal aid – Attitude of court thereto |
| NABHAN V. NABHAN | Women and Divorce – Husband’s petition for divorce against wife on ground of cruelty – What needs to be proved – Whether unreasonable, self-willed and domineering conduct by wife amounts to cruelty – How treated |
| NIDOCCO LIMITED V. MRS. I. A. GBAJABIAMILA | Women and Divorce – Divorced couples and legal settlement of pre-divorce interests in property – Invalid agreements – Attitude of court |
| NWANKPELE V. NWANKPELE | Women and Matrimonial causes – Nullity of marriage – Wife’s petition for the annulment of her marriage to her husband on ground that the husband was lawfully married at the time he contracted the marriage with her – Need to prove continuation of life of wife of prior marriage complained of – Children and matrimonial causes – Relevant considerations before grant of custody |
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Women and Divorce – Children and custody proceedings – Woman respondent and petition for divorce on ground of cruelty brought by husband – How treated – Custody proceedings and interest of children as the paramount consideration – Duty of judge to make permanent custody order when granting Decree Nisi – Relevant considerations |
| ODUSOTE V. ODUSOTE | Women and Divorce – Dissolution of marriage and custody of children – Children and Divorce proceedings – Custody of children of the marriage – Relevant considerations |
| Women/ Children and Matrimonial Causes – Divorce on ground of desertion of and cruelty against women – What needs to be proved – Alleged domestic violence – When corroboration of events cited as supporting finding of cruelty is needed – Custody of children of the marriage – Need for same to be treated with utmost importance by judges – Need for formal enquiry into what custody options would best serve the interest of child before grant of the order | |
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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 |
| OYEDO V. OYEDO | Women and Divorce/Justice Administration – Interim custody of children of marriage pending final determination of divorce proceedings – Relevant considerations |
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Divorce and real estate rights – Divorced mother with 3 children still resident on property judicially declared as belonging to ex-husband – When continuing residency with children amounts to tenancy at will – Court treatment of ex-husband’s attempt to eject and repossess |
| OYINLOLA OLUFUNKE OBAYEMI | Women and Divorce – Children and custody proceedings – Woman respondent and petition for divorce on ground of cruelty brought by husband – How treated – Custody proceedings and interest of children as the paramount consideration – Duty of judge to make permanent custody order when granting Decree Nisi – Relevant considerations |
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Divorce – Where custody of children granted to husband and wife given visiting rights and access to the children during holidays – When access is unilaterally restricted to supervised visits at public places by husband – Whether court order has been flouted – Proper judicial reliefs to seek |
| THERESA TEMITAYO WILLIAMS V. RASHEED AHMED WILLIAMS | Care of young children – Custody of children of a dissolved marriage – Education of children in foreign boarding schools away from their parents |
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TONY ANOZIA v. MRS PATRICIA OKWUNWA NNANI & ANOR.
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Paternity of child – Presumption of legitimacy of child born during pendency of marriage – 3rd-party petition for DNA test on a 58 year old man to ‘prove’ paternity of same – Respect for family bonds, reputation and human dignity of widow in the household of her deceased husband – Judicial proceedings which impeaches the dignity and character of a widow – Attitude of courts thereto |
| VICTORIA ADEKUNBI ABAJINGIN V. MICHAEL FULANI ABAJINGIN & ORS | Dissolution of marriage – Custody of children of the marriage – Maintenance cost |
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Women, Divorce, Customary Law and Justice Administration– Wife-Killing – Mother of 4 children who left husband to move in with another man but was ordered by local court to return to 1st husband as current lover was unable to pay back bride price – Woman’s throat slit on the night of the day she returned home – How treated |
| WATSON v. WATSON | Women/Children and Divorce – Children and Paternity/Legitimacy – Adultery on part of wife – Paternity of child born during pendency of marriage – Child conceived when mother was on contraceptives – Whether displaces the presumption of legitimacy and paternity for a child born during pendency of marriage – Custody and maintenance of a child born during the pendency of a marriage dissolved on ground of adultery of wife – Best interest of the child – How treated |
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Women and Divorce proceedings – Women and Security/Civil-war – Inter-ethnic/cross-regional marriages – Petition for dissolution of marriage and custody of children arising from wife’s desertion and adultery due to the Nigerian Civil War – How treated |
| WILLIAMS V. WILLIAMS | Children/Women and Divorce – When a wife’s conduct is deemed legal cruelty against husband – When court deems it in the paramount interest of child to grant custody to father – Relevant considerations |
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