3PLR – CHRISTIANA UGU V. ANDREW EBINNI TABI
MADAM CHRISTIANA UGU V. ANDREW EBINNI TABI IN THE
NIGERIAN FAMILY LAW CASES – 3
CHILDREN AND WOMEN LAW & POLICY REPORTS WITH SUPPORT FROM AFRICAN MOTHERHOOD INITIATIVES
INDEX TO NIGERIAN FAMILY AND MATRIMONIAL CAUSES CASES
| TITLE | MAIN ISSUES |
| FEDERAL UNIVERSITY OF TECHNOLOGY, MINNA & ORS V. DR. (MRS) ADAEZE G.N.C. OKOLI | CHILDREN AND WOMEN:- Women in employment – security of statutory employment – proper procedure for termination |
| FELICIA AKINBISADE V. STATE | CRIMINAL LAW: Women in crime – Stealing – How treated by Supreme Court led by Tobi J.S.C |
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FAMILY LAW – MATRIMONIAL CAUSES: – Petition for Divorce on ground of Cruelty – Need to prove that one partner in the marriage however mindless of the consequences has behaved in a way which the other spouse could not, in the circumstances be called upon to endure, and that the misconduct has caused injury to health or reasonable apprehension of such injury – Duty of court to consider the whole of the matrimonial relationship FAMILY LAW – MATRIMONIAL CAUSES – CUSTODY: – Relevant considerations |
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FRANCIS V. FRANCIS
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FAMILY LAW:- Matrimonial Causes –Registrar’s certificate for trial – When ordered to be amended midway into trial to reflect that court had granted leave to file answer out of time – Whether failure to amend certificate at start of trial renders proceedings null and void – Matrimonial Causes Rules, 1957, rule 20 – Whether the Rules require that when an answer is delivered by leave out of time, a new certificate is required |
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FAMILY LAW:- Legitimacy — Presumption of legitimacy and paternity — Child born during pendency of marriage – Whether adultery by wife and subsequent continuing sexual relations between couples using fibre condoms dispelled the judicial presumption of legitimacy – Burden to rebut the presumption beyond all reasonable doubt FAMILY LAW: – Custody and maintenance – Relevant considerations – Where custody of 3 children is given to mother – Whether difficult financial situation of ex-husband occasioned by supporting another woman and her family he left wife to co-habit with is relevant factor |
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FAMILY LAW: – Matrimonial causes – Divorce – Evidence of witnesses – Whether can be given in affidavit form before start of proceedings – Power of court to grant application ex parte in chambers – Relevant considerations – Matrimonial Causes Rules 1957, 1968 |
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FAMILY LAW:- Pre-nuptial agreements – Voluntary Settlement – Covenant made by Widow to convey property for the benefit of her children by a first marriage made in pursuance of an agreement between her and intended husband – Whether can be enforced at the suit of the those children |
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FAMILY LAW – MATRIMONIAL PROPERTY: – Ownership of title in matrimonial property between spouses who had divorced – Where title and mortgage liability in husband’s name – Other relevant considerations |
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CHILDREN AND WOMEN:- Children and Murder – Young People and Justice Administration – Murder of a two year old by a mentally troubled step-brother – Young person under 17 and capital offences – Whether entitled to have death sentence commuted to imprisonment at the pleasure of the Governor – Age of a person standing trial for crime – Need to determine same for conviction and sentencing purposes |
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CHILDREN AND WOMEN LAW:- Young people and Education – Young people and justice administration – 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 |
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FAMILY LAW – MATRIMONIAL CAUSES:- Divorce on ground of wife’s adultery – Costs – Taxation – Instructions for brief – Respondent (co-respondent in suit) seeking inspection of petitioner’s counsel’s brief – Privilege – How treated |
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CHILDREN AND WOMEN LAW:- Women and Murder – Women and Security of Neighbourhood – Rampaging murderer who killed 2 women and 1 man in one village in one night – How treated |
| IDOWU V. ABAYOMI | FAMILY LAW: Family law – Members of a family – whether deed of conveyance of family property is void or voidable where its citations excludes branches of the family which factually exist |
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FAMILY LAW – PATERNITY:- Paternity of child outside of marriage – How proved – Calculation using biological gestation calendar – Onus to prove same – Whether conclusive of the question – Medical evidence – Paternity test – How treated |
| IRINOYE V. IRINOYE | FAMILY LAW:– Matrimonial Causes – Petition for divorce – Grounds for granting decree nisi – Attitude of Respondent to marriage – Implication for Court’s exercise of its discretion in award of costs for adultery |
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FAMILY LAW:- Family land – Family suing in respect of allottee’s portion after reversion to common ancestor on intestacy – Claim for forfeiture of customer tenancy – Land granted to defendant’s ancestor by plaintiff’s ancestor – Onus to prove whether outright gift as against customary tenancy on defendant. |
| IYANDA V. ADELUYI |
FAMILY LAW:- Family land-Sale by Head of Family without consent of members thereof-Effect. FAMILY LAW:- Family land – Sale by member of family holding himself out as having authority of family to sell lead of Family having no objection-Whether family estopped from denying such representation to the detriment of 3rd parties. |
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J N NABARRO AND SONS V KENNEDY
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FAMILY LAW:- Husband and Wife – Matrimonial rights – Necessaries – Right of wife to pledge husband’s credit Dispute as to title to property Legal proceedings by husband against wife, Wife’s costs – Liability of husband, Married Women’s Property Act, 1882 (c 75), s 17. |
| JADESIMI V. FRED EGBE | CHILDREN AND WOMEN LAW:- Women/Children and Inheritance – Women and Justice Administration – Succession to property by step siblings – Use of Agreement to override the provisions of a judicially contested will – How treated |
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JAMGBADI V. JAMGBADI
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FAMILY LAW – MATRIMONIAL CAUSES: – Divorce – Petition and Cross-petition on ground of adultery – Desertion – Need to prove same – Effect of failure thereof |
| JOHN AGBO V. THE STATE | CHILDREN AND WOMEN LAW:- Security and Women – Murder on the highway – Women and traumatic murder experience committed by Police officer – woman as eye witnesses of crime – Women as heroic reporters of murder committed by police officer – Women as eye-witnesses to criminal proceedings – How treated |
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JOHN ROBERT ANDREWS v. ISABELLA CORDINER.
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FAMILY LAW – BASTARDY PROCEEDINGS:- Proceedings brought by a married woman against third party showing that the person and not her husband is the father of her child – How proved – Need to show that husband of the woman had no chance of access to her during the period of her gestation preceding the birth of a child – How treated |
| KELLEY V. CORSTON | ETHICS:- Post-divorce proceedings – Barrister advising in relation to financial relief after divorce – Proceedings compromised and settlement embodied in consent order approved by court – Plaintiff suing barrister in relation to settlement – Whether barrister immune from suit in relation to settlement at door of court – Whether barrister immune in relation to consent order approved by court – Matrimonial Causes Act 1973, s 33A. |
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KUFORIJI AND ANOTHER V. V.Y.B. (NIG.) LTD.
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FAMILY LAW AND PROCEDURE:- Existence and continuation of marriage – Proof of – Existence/Continuation of monogamous marriage evidenced by a Marriage certificate – How proved – Relevant considerations FAMILY LAW AND PROCEDURE:- Customary law marriage celebrated during pendency of a monogamous marriage – Validity thereof – Standard of proof in civil proceedings – Whether same for the criminal prosecution of a charge of bigamy FAMILY LAW AND PROCEDURE:- Section 48 of the Marriage Act – Offence of bigamy – How proved – Celebration of customary law marriage during the pendency of a monogamous marriage – Where alleged during civil proceedings – Whether the burden of proof must be discharged in a manner no less than is required to convict in criminal trials |
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FAMILY LAW- MATRIMONIAL CAUSES – DIVORCE:- Dissolution of marriage – Both parties committing adultery during marriage – Petitioner asking for discretion of court – Petitioner bringing paramour to live in matrimonial home with wife – Cross-petition filed irregularly – Whether adultery simpliciter can be ground for divorce – Matrimonial Causes Decree, s. IS – How treated
FAMILY LAW – MATRIMONIAL CAUSES:- Order for access to children of marriage – Relevant considerations |
| LAHAN AND 7 OTHERS V. LAJOYETAN AND OTHERS | FAMILY LAW:- Family Land – Partition of – Mere use and occupation of family land by a section of the family – Whether conclusive evidence of partition -Onus of proving partition – On whom lies – When onus deemed discharged. |
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CHILDREN AND WOMEN LAW:- Women and Murder – Husband’s insistence on forceful return of his wife to matrimonial house resulting in killing of wife’s relative in whose house she had sought refuge – Relative hit on head with a stick and shot with an arrow – Acquittal of husband – Relevant considerations CHILDREN AND WOMEN LAW:- Women and Justice administration – Criminal proceedings – Evidence of spouse – Whether a spouse of a monogamous marriage is a competent witness for the prosecution on any charge not coming within section 160(1) of the Evidence Law – Whether same applies to wife of a polygamous marriage |
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CHILDREN AND WOMEN LAW:- Women and Real Estate/land – Women and Customary Law – Practice of female daughters remaining in the home of their fathers to procreate for the father who had no surviving male offspring in accordance with the custom of their people by which custom she becomes entitled to inherit the estate of her father – Implication for justice administration – Bride price – Person who receives same in lieu of the dead father of the bride – Implications for control of estate of bride’s father – Burial expenses of a deceased person without a male son – Person who bore same – Implications for control of estate of deceased person |
| MADAM CHRISTIANA UGU V. ANDREW EBINNI TABI | SUCCESSION: Right of inheritance of childless widow to deceased husband’s estate – marriage rights under customary law – |
| MAIKUDI ALIYU V. THE STATE |
CHILDREN AND WOMEN LAW:- Women/Children as victims of crime – Security of family lives – Sentencing after conviction for murder – Convicted person as a family man and sole breadwinner of the family – Whether compelling considerations during sentencing proceeding for murder attracting capital punishment |
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CHILDREN AND WOMEN LAW:-“Marriages of 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 |
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FAMILY LAW: Validity of marriage – Implication for succession to property – Marriage Ordinance, 1884, of Southern Nigeria – S. 38 and S. 39 – whether every marriage already duly celebrated in the Colony by any minister of any religious denomination was to be deemed to have been a valid marriage – Whether where any person who before the Ordinance had contracted a marriage “validated hereby,” or the issue of such marriage, died intestate after the Ordinance, both the real and personal estate of the intestate were to be distributed according to the law of England as to the distribution of the personal estate of intestates – implication thereof |
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FAMILY LAW – GUARDIANSHIP: Need for it to be legally ordered – attitude of court to a false claim via affidavit asserting guardianship of orphan by virtue of filial relationship where none has been legally ordered – relevant considerations |
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FAMILY LAW:- Custody of infant child of unmarried mother— Rights of parents under customary law -Whether detention of child from person legally entitled to custody amounts to unlawful detention for purposes of habeas corpus – Jurisdiction of the High Court to administer customary law, section 26 High Court Law (Cap.52). FAMILY LAW:- Legitimacy of child – Where no valid marriage exist between biological parents – Implication for custody of child under English law distinguished from that under customary law – FAMILY LAW:- Illegitimate child and Customary law – Whether a man generally has no right to custody of his natural but illegitimate child – Exception – How a natural father can acquire paternal right over the child – Whether children born to an unmarried daughter belong to her father or in his absence/death to her mother. |
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MBONU V. MBONU
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FAMILY LAW:- Matrimonial Causes — Petition for nullification of marriage — Cross-petition for dissolution of marriage — Onus on petitioner to satisfy the Court as to jurisdiction |
| MEME V. MEME |
FAMILY LAW: – Matrimonial Causes – Alimony pendente lite [pending suit] – Period over which same may be granted – Maintenance and alimony – Distinction – Financial capability of wife – Whether relevant consideration in calculating alimony and maintenance – Other relevant considerations |
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