3PLR – CHRISTIANA UGU V. ANDREW EBINNI TABI
MADAM CHRISTIANA UGU V. ANDREW EBINNI TABI IN THE
NIGERIAN FAMILY LAW CASES – 2
CHILDREN AND WOMEN LAW & POLICY REPORTS WITH SUPPORT FROM AFRICAN MOTHERHOOD INITIATIVES
INDEX TO NIGERIAN FAMILY LAW AND MATRIMONIAL CAUSES CASES
| TITLE | MAIN ISSUES |
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FAMILY LAW -MATRIMONIAL CAUSES:- Petition for judicial separation – Marriage under native law and custom followed by church blessing – Whether constitutes marriage under Marriage Act (Cap. 115 Laws of the Federation) – ‘Certificate of Marriage’ stating that parties lawfully married under the rites of Roman Catholic Church – Effect of – Procedure to be followed where marriage celebrated in place of worship as church – Sections 21, 24, 25 and 26 of Marriage Act – Sections 32, 82(1) & (2), 86 of Matrimonial Causes Decree 1970 (Decree No. 18 of 1970)-Section 33(2) (c) and (3) of Marriage Act-Effect of marriage without registrar’s certificate of notice or license. |
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CHILDREN AND WOMEN:- Women/Children and Murder – Indirect victims of murder – Conviction of only surviving parent of twins for murder – Mother had earlier died after giving birth to the twin babies at home instead of at a hospital or maternity – Whether allegation that deceased claimed to have ‘killed’ deceased wife/mother is acceptable provocation at law – How treated by court |
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FAMILY LAW – MATRIMONIAL CAUSES: – Petition for Divorce – Party in whose favour Decree Nisi is granted – Whether automatically entitled to grant of Custody of children of the marriage – Duty of court to hear both parties fully and consider relevant factors before making a final order in the interest of society – Care of the children as paramount consideration – Matrimonial Causes Rules, 1957, rule 33A (a) |
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Women and Murder – Women and Justice Administration – Women last seen alive with accused person – Where death of women is asserted by man as a result of a motor vehicle accident which plunged vehicle woman was travelling in with man into River – How treated |
| ASERE V. ASERE | MATRIMONIAL CAUSES – Presumption of marriage under the Marriage Act – Whether can be raised. |
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FAMILY LAW:- Validity of marriage and Paternity of Child – Two rivals who disparately cannot prove validity of marriage to a woman lay claim to paternity of her child – Paramount of interest – Whether it is in the best interest of the child to merely grant custody to mother without determining who the father is FAMILY LAW:- Dispute over paternity of Child and equitable principles – Where there are equal equities the first in time prevails,” – Effect where two rivals lays claim to child of woman they had lived with as ‘wife’ under invalid customary law marriages |
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ATANSUYI V. GBADAMOSI
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FAMILY LAW:- Husband and wife — Claim for damages for adultery and seduction of spouse – Standard of proof – Whether adultery in Divorce Law the same as adultery in Law of Tort |
| ATLI V. ATLI | FAMILY LAW – MATRIMONIAL CAUSES:- Dissolution of marriage – Petitioner filing petition without certificate of marriage – Petition struck out for failure to comply with rules Desertion of respondent according to the Matrimonial Causes Decree 1970, s. 152 (d) – Cross-petition by respondent citing two women – Claim for damages against one woman and not against the other – Claim for secured provisions by respondent – Financial position of petitioner to be considered – Future prospects of respondent-wife. |
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FAMILY LAW – MATRIMONIAL PROCEEDINGS:- Filing of caveat against notice of marriage on the ground that a party to proposed marriage was married in accordance with the Customary Law and the caveatrix was expecting a baby by him and under section 47 of the Marriage Act it would be illegal for him to get married to another party under the Marriage Act – How withdrawn – Whether withdrawal renders caveatrix liable to costs FAMILY LAW – MATRIMONIAL PROCEEDINGS:- Caveatrix proceedings – Hearing and determination as envisaged by section 15 of the Marriage Act – Whether Act made no provisions as to how a caveat can be abandoned once it has been entered – Justification – Whether once a caveat is entered the purpose is that it must be pursued so as to ensure that the parties to the proposed marriage may be free once and for all to celebrate the marriage or be forbidden to marry – Whether Order 28 of the Rules of the High Court has any application – When cost would not be awarded against a caveatrix for entering caveat and withdrawing |
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B V. B (INJUNCTION RESTRAINT ON LEAVING JURISDICTION
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FAMILY LAW:- Post-judgment injunction restraining defendant from leaving jurisdiction – Consent order disposing of action brought by husband and providing for husband to pay wife’s costs – Husband failing to pay wife’s costs – Husband foreign national on visit to England – Whether court having power to restrain husband from leaving jurisdiction until he paid wife’s costs – Supreme Court Act 1981, s 37(1). |
| B.A. LAWAL AND ORS V MESSRS. A. YOUNAN SONS | FAMILY LAW: Children born out of wedlock – Marriage ordinance – Legitimacy – Acknowledgement – Effect of – Customary law marriage |
| BABA V. BABA | FAMILY LAW:- Succession – Determination of under Sharia Law. |
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FAMILY LAW: – Separation of married couple under customary law – Failure to pay back dowry to husband – Whether entitles husband to enforced return of wife |
| BALOGUN V. NATIONAL BANK OF NIGERIA LTD | FAMILY LAW:- Action for breach of promise to marry – Whether plaintiff needs to prove actual damage |
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FAMILY LAW – MATRIMONIAL CAUSES: – Divorce – Petition for dissolution of marriage on the ground of desertion and of the husband’s adultery with a woman named – Claim for custody of children of the marriage for the maintenance of each child until the age of sixteen – Need for court to give fair hearing to both parties – When a trial is deemed not merely irregular but a nullity necessitating a mistrial |
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FAMILY LAW – MATRIMONIAL CAUSES:- Nullity of Marriage – Whether person who is not biologically female is validly married under Statute requiring that parties to a marriage be male and female – Section 1(c) of the Nullity of Marriage Act 1971, re-enacted in section 11(c) of the Matrimonial Causes Act 1973 – Whether a declaration that the marriage was valid at its inception and is subsisting can be issued – Whether statute incompatible with Articles 8 and 12 of the European Convention on Human Rights |
| BELLO V. ASUNKE | FAMILY LAW – CUSTOMARY MARRIAGE RELIEFS: – Divorce – Action for “Divorce on Payment of No Dowry” – Relevant procedural considerations – How treated |
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BEN C. EMODI & ORS V. MRS. PATRICIA C. EMODI & ORS.
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FAMILY LAW: DIVORCE AND ITS LEGAL IMPLICATIONS – Divorce on ground of impotence of husband – Averment on the judgment record by wife that the marriage did not produce any children – When divorce order is given after birth of children – Subsequent claims by children as to paternity and legitimacy entitling them to succeed to estate of deceased ex-husband of mother based on customary law practices – Relevant considerations |
| BERNARD V. JOSEPHS | FAMILY LAW:– Married or engaged couples and real estate – Joint purchase of home – Nature of trust created regardless of the name in which property was conveyed – Implication for separation of couple – Relevant considerations |
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FAMILY LAW – MATRIMONIAL CAUSES:- Decree Nisi – Where made in one of two countries where parallel or concurrent divorce proceedings on a particular marriage m e pending – Option open to the spouse against whom the decree is made – Effect on pending proceedings in the, other country. FAMILY LAW – MATRIMONIAL CAUSES –Petition for dissolution of marriage-Person competent to institute proceedings for – Determining factor – Relevance of domicile of petitioner – Section 2(2)(a) Matrimonial Causes Act considered. |
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FAMILY LAW: – Adultery and matrimony – Claim for Damages by husband against third parties for adultery with wife – Whether there is a distinction between adultery by virtue of seduction and adultery by virtue of prostitution or promiscuity – Guiding principles for assessment of quantum of damages – Attitude of court thereto |
| BLUNT v BLUNT | FAMILY LAW – MATRIMONIAL CAUSES:- Divorce – On ground of adultery by both spouses – relevant considerations |
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FAMILY LAW:- 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 |
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FAMILY LAW:– Divorce and custody of children – Whether court can amend petitioner’s statement to reflect ground for dissolution of marriage – Maintenance of wife and daughter of marriage |
| BRAIDS V. BRAIDS | FAMILY LAW:- A husband’s petition for dissolution of marriage on the ground that the marriage had broken down irretrievably – Wife deserted marriage for 15 years – Petition for custody of only child of 16 years to father – How treated |
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CENTRAL BANK OF NIGERIA V. MRS AGNES M. IGWILLO
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FAMILY LAW:- Widows – Women and Justice Administration – Claim for employment entitlement of deceased spouse wrongfully terminated from employment with statutory flavor – Substitution of deceased husband (who died while appeal was before Supreme Court) with widow – Proper claims to pursue when widow’s husband dies while matter is pending before court |
| CHARLES OWOLOGBO UGBOTOR V. FLORENCE MAMUROMU UGBOTOR | FAMILY LAW – DISSOLUTION OF MARRIAGE:- Grounds for dissolution of marriage – Desertion – Section 15(2) (d) of the Matrimonial Causes Act 1970 – Need for the evidence before the court to satisfy the provisions of Section 15(2) (d) – Marriage as a sacred institution, which must not be whimsically put to an end – Need for court to still examine whether there was any expulsive conduct or conduct which would constitute a just cause to desertion – Relevant considerations in determining whether one party had good cause for leaving the other |
| CHIEF GIBSON PENCYL ORUNENGIMO V. MADAM MARGARET EGEBE | FAMILY LAW:- Women and Real Estate/Land – Assertion of title over land – Relevant considerations |
| CHIEF JOEL E. BABATOLA V. MRS. MARGARET ADEWUMI | CHLDREN AND WOMEN LAW:- Women and Land/Real Estate – Women and Justice Administration – Defence of interest in land – Relevant considerations – Need to engage sound lawyers |
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CUSTOMARY COURT OF APPEAL EDO STATE V. CHIEF (ENGR.) E. A. AGUELE & ORS.
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FAMILY LAW – DIVORCE UNDER CUSTOMARY LAW: – Court with jurisdiction to hear divorce under customary law – Marriage contracted under Isoko Native Law and Custom – Appeals arising from preliminary objection relating to competency of Area Customary Court – Whether Customary Court of Appeal has jurisdiction to hear same |
| DA COSTA V. IKOMI | CHILDREN AND WOMEN LAW:- Women and interest in Real estate/land – Declaration of title over land acquired under customary law – Onus on plaintiff to prove same – Whether long possession and development of land amounts to such a proof – Effect of failure to so prove |
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CHILDREN AND WOMEN LAW:- Women And Real Estate – Sale Of Family Land – Mother/Matriarch As Signature To Contract For Sale – Dispute As To Title Arising From Transaction – How Treated |
| DANGARI V. THE STATE | CHILDREN AND WOMEN LAW:- Wife-Killing – Women and justice administration – Husband prosecuted for culpable homicide of wife on the farm – Defence of accident that wife died from blow of a broken branch on the head – How treated – Effect of inadequate investigation and prosecution |
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CHILDREN AND WOMEN LAW:- Women as victim of motor accident on high way – Woman passenger – indirect victims of unnecessary accidents on federal highways |
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DR. BENJAMIN OHIAERI V. ALHAJI B. I. YUSSUF & ORS.
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FAMILY LAW – HEAD OF FAMILY UNDER CUSTOMARY LAW:- How determined – Matriarchy – Head of family as co-administrator of family estate – Validity of sale made without concurrence of other co-administrators – How treated |
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ELUMEZE V. ELUMEZE
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FAMILY LAW – MATRIMONIAL CAUSES:- Petition for divorce on grounds of adultery and cruelty – How determined – Adultery which evidence is inadmissible as a matter of law – Adultery tending to deny legitimacy of child born during pendency of marriage – Effect of Section 147 of the Evidence Act – whether parent is allowed to give such evidence – Effect on ground of Adultery – When cruelty is deemed not proved – relevant considerations FAMILY LAW – MATRIMONIAL CAUSES:- Grant of order for Custody and maintenance of child – Whether applicable to young person over 16 years old – Where granted unilaterally by court – Duty of appellate court thereto |
| EMANUEL V EMANUEL | FAMILY LAW:- Matrimonial causes – Divorce – Collusion – Presumption of innocence – Burden of proof negativing collusion. |
| ENE V. CHIEF PAUL BASSEY ETIM | CHILDREN AND WOMEN LAW:- Women and Land/Property Rights – Defence of interests in land – Relevant considerations |
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FAMILY LAW – MATRIMONIAL CAUSES: – Petition for divorce on ground of adultery and cruelty against wife – Statutory marriage – Relevant ingredients which must be proved – Culpable delay to bring petition occasioned by petitioner/husband marrying other women under customary law without dissolving the statutory one – Bigamy – Whether constitutes ground for court to exercise discretion granting divorce |
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FAMILY LAW – MATRIMONIAL CAUSES:- Divorce – Husband’s petition on ground of adultery – Agreement for separation – Birth of child to wife – Husband’s evidence as to non-access – Whether not admissible – Applicability of Rule in Russell v. Russell FAMILY LAW AND CIVIL PROCEDURE:- Matrimonial Causes – Petition for Divorce – Prayer for exercise of discretion of court granting the decree notwithstanding petitioner’s admission of adultery during pendency of same marriage – How treated |
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FAMILY LAW:– Dissolution of marriage on grounds of desertion and adultery – What petitioner needs to prove – Whether different standards apply for women petitioners trying to prove that adultery of spouse made it intolerable to continue in the union |
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FAMILY LAW:- Maintenance Order for the benefit of spouse and children of a marriage – Whether the order or relief can be entertained in the absence of a pending matrimonial cause or proceedings concerning the same parties |
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