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NIGERIAN FAMILY LAW CASES – 4

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

AMI

INDEX TO NIGERIAN FAMILY LAW AND MATRIMONIAL CAUSES CASES

TITLE MAIN ISSUES
MOJEKWU V. IWUCHUKWU FAMILY LAW:- Children and Paternity – Women and Marriage – Inheritance rights vesting by virtue of paternity and marriage – Need to prove paternity of child and marriage of woman – Where father/husband is deceased – Need to fix time of death – Female children and inheritance rights under customary law – Relevant considerations
MR. OLANREWAJU ADEROUNMU V. MRS. OLABISI OLAIDE ADEROUNMU FAMILY LAWMATRIMONIAL CAUSES:- Divorce proceedings – Petition for decree of dissolution of marriage on the grounds that the marriage has broken down irretrievably – How treated

NABHAN V. NABHAN

FAMILY LAW:- Matrimonial Causes – Divorce – Husband’s Application for grant of Decree Nisi on ground of Cruelty by wife – How proved – Whether unreasonable conduct is not necessarily cruel, and neither an over-bearing will nor domineering character is of itself enough to establish cruelty – Need for the conduct complained of as cruel to be what an ordinary man would describe as “cruel” if the full story were told – Whether proof that conduct complained of was the immediate cause of a suicide attempt on petitioner’s side relieves petitioner of the necessity of satisfying the Court that it was such a course of conduct as the Court could reasonably call cruel when adopted by this wife towards this husband – Applicability of the maxim res ipsa loquitur

NELSON-PEREGBA V. ZAIDAN

FAMILY LAW:- Husband and wife – Estrangement between couple – Wife refusing to follow husband on transfers – Complaint of ill-treatment by husband – Wife’s father intervening to provide accommodation and means of trade for her – Accommodation found with long-standing friend of wife’s family – Allegation by husband against friend of family for enticement, etc. – How treated
NWAFIA V. UBUBA FAMILY LAW:- Family status – Jurisdiction of High Court to try issue thereof.

NWAKASI V. NWACHUKWU

CHILDREN AND WOMEN LAW:- Women in Business – Husband and wife – Enforcement of contract executed in husband’s name – Proper way to initiate suit – Privity of contract – whether a woman may successfully initiate a suit in her own name to enforce a contract executed in husband’s name

NWANKPELE V. NWANKPELE

FAMILY LAW AND PROCEDURE:- Matrimonial causes – Petition for annulment of marriage on ground of prior-that  husband was lawfully married at the time he contracted the marriage with petitioner – Need to prove continuation of life of the other spouse at time of marriage sought to be annulled – Custody of child – Relevant considerations

OBAYEMI V. OBAYEMI

FAMILY LAW- MATRIMONIAL PROCEEDINGS: – Divorce on ground of cruelty – Test to be applied – “whether this wife has been cruel to this husband and this is only to be decided after all the facts had been taken into account” – Whether Gollins v. Gollins did overrule many previous decisions but did not lay down that the whole of the law of cruelty in divorce is now to be found in that one case

FAMILY LAW- MATRIMONIAL PROCEEDINGS:- Divorce – Application for Decree Nisi –Where successful – Whether either party can subsequently ask the court to grant a judicial separation rather than a divorce because one of the factors to be considered was the interests of the children – Party to whom such request was open to – Relevant considerations in exercising court’s discretion thereto

OBIOZOR V. NNAMUA

FAMILY LAW – MATRIMONIAL CAUSES – MARRIAGE:- Validity thereof

FAMILY LAW – MARRIAGE: – Church marriage – Where a marriage ceremony fails the standard for valid statutory marriage – Whether a certificate of marriage issued by a church which falls below the standard for a valid statutory marriage automatically translate to proof of marriage under native law and custom

FAMILY LAW – MARRIAGE: – Presumption of valid marriage – Relevant considerations deemed as sufficient evidence – form of marriage certificate recognized by court  – Void marriage certificate – Why it cannot support the inference of the existence of a marital relationship between the appellant and the deceased for something cannot come out of nothing (ex nihilo nihil fit) – Where no certificate of marriage is presented – Whether evidence of ceremony of marriage followed by co-habitation of the couples suffices – Relevant considerations

ODE V. MOMOH

CHILDREN AND WOMEN LAW:- Women and Justice administration – Women and inheritance – Will of woman testratrix – Application by blood sister to have Executors appointed under Will  replaced by court appointed managers/receivers – Failure to satisfy condition precedent for grant of application – Effect thereof
ODOGWU V. ODOGWU FAMILY LAW – DIVORCE:- Dissolution of marriage – Errant of – Pre-condition therefor – Welfare of children – Paramountcy of
ODUSOTE V. ODUSOTE FAMILY LAW:– Matrimonial causes – Divorce and custody of children

OGIDI AND ORS. V. THE STATE

CHILDREN AND WOMEN LAW:- Women and Armed Robbery – Security of homes and family lives – Assault and trauma associated thereto – Legal burden of identifying criminal assailants – Implications for justice administration

OJO V. OJO

FAMILY LAW MATRIMONIAL PROCEEDINGS:- Matrimonial proceedings – Grounds for divorce – Adultery – Need to it to be pleaded and proved – Desertion – Relevant considerations before same can be deemed grounded – When separation of residence is not necessarily evidence of constructive desertion – Cruelty – When corroboration of acts cited as cruelty will be required

FAMILY LAW MATRIMONIAL PROCEEDINGS:- Divorce – Custody of children of the marriage – Need for order granting the custody of the children of the marriage to any person to be made with due inquiry into the interest and welfare of such children – Duty of judges to treat custody proceedings with high importance – Rule 33A (a) of the Matrimonial Causes Rules, 1957

OKE & ANOR V.  OKE & ANOR. FAMILY LAW:- Wills – Succession – Testator devised house to defendant – Where Testator not owner of land on which house was built – Applicabel law – Whether Urhobo law of succession, Itsekiri custom or Wills Law
OSAMWONYI V. OSAMWONYI

FAMILY LAW:- Matrimonial causes – Petition for divorce on ground of subsisting customary law marriage – Need to prove customary law marriage strictly – Relevant considerations

FAMILY LAW AND PROCEDURE:- Civil Procedure – Petition for nullity – Marriage Act (Cap. 115) – Subsisting marriage – Subsequent marriage during pendency – Consent and Cohabitation under Benin Native Law.

OVIASU V. OVIASU

Family Law:- Petition for dissolution of marriage – Grounds of adultery, cruelty and desertion – Supplemental petition filed under matrimonial causes Decree 1970.

FAMILY LAW – MATRIMONIAL CAUSES:- Petition for divorce on grounds of adultery, cruelty and desertion – Requisite of standard of proof – Need to recognize the primacy of provisions of the Matrimonial Causes Act over principles contained in the decided English cases

FAMILY LAWMATRIMONIAL CAUSES:- Proof of desertion – Party who forcibly ejected spouse from the matrimonial home – Whether in desertion as from the date of the eviction – Adultery –  Need to examine evidence – Standard of proof

OWNERS M.V BACO LINER 3 V.  ADENIJI

FAMILY LAW:- Marriage – Effect of on legal personality of spouses – Rule that husband and wife become one in lair – Scope of application of.

FAMILY LAW:- Marriage – Existence of marriage – Burden of proof of – On whom lies.

OYEBAMIJI & ORS.V. IYABO AFUSAT LAWANSON & ORS. CHILDREN AND WOMEN LAW:- Women and Land/Real Estate Property – Protection/Assertion of interest over land – Legal considerations to maintaining a successful claim/defence pertaining to interest in land
OYEBANJI V. OKUNOLA AND ANOTHER. FAMILY LAW:- Land property of “A” family, described as B’s land and conveyed as such – B’ a member of A’ family – Effect of land being conveyed solely by B.

OYEDO V. OYEDO

FAMILY LAW:– Matrimonial causes – Custody of children – Paramount consideration in granting custody – Parties that can be granted custody

FAMILY LAW:- Application for interim custody of children – Proper way to institute the application – Whether a proper application can be heard first before hearing the substantive petition

OYINLOLA OLUFUNKE OBAYEMI

FAMILY LAW – MATRIMONIAL PROCEEDINGS: – Divorce on ground of cruelty – Test to be applied – “whether this wife has been cruel to this husband and this is only to be decided after all the facts had been taken into account” – Whether Gollins v. Gollins did overrule many previous decisions but did not lay down that the whole of the law of cruelty in divorce is now to be found in that one case

FAMILY LAW MATRIMONIAL PROCEEDINGS: – Divorce – Application for Decree Nisi –Where successful – Whether open either party can subsequently ask the court to grant a judicial separation rather than a divorce because one of the factors to be considered was the interests of the children – Party to whom such request was open to – Relevant considerations in exercising court’s discretion thereto

SANNI V. MABINUORI

FAMILY LAW – MATRIMONIAL CAUSES- DIVORCE: – Custodial rights – Whether court can modify custody order – Wrongful observance of an order granting visiting rights and access to children during school holidays – Proper application for enforcing custody order when breached
SUNIL KISHINCHAND BHOJWANI V. NITU SUNIL BHOJWANI FAMILY LAW- MATRIMONIAL CAUSES:- Divorce Petition – Consequences of parallel divorce proceedings
SUNNY TONGO AND HELEN TONGO V. COMMISSIONER OF POLICE CHILDREN AND WOMEN LAW:- Women and Real Estate – Assertion and protection of interest in property – Woman as co-accused person along with husband charged with wilful destruction of property – Resolution of conflict relating to interest to land – Self-help – Attitude of court thereto
TASIU RABIU v. AISHATU AMADU FAMILY LAW – SHARIA: – Paternity of child – Legitimacy and legitimation – Relevant considerations

THERESA TEMITAYO WILLIAMS  V. RASHEED AHMED WILLIAMS

FAMILY LAW:- Order for custody – Whether Court not obliged to make grant to either parent unless he or she qualifies – Paramountcy of promotion of welfare of child – Duty of Court to consider that a child is entitled to the best that either parent can and will offer – Desire of a party to send a child abroad for studies– Relevance l – Effect of absence or presence of evidence of plaits and proposals for future education by either party – Effect of child being with one parent before the order is made – Effect of education in foreign land – Order for custody – Not a penal order on either parent – Parameters to consider in granting custody of a child – Rebuff of one party in his effort to contribute to welfare of child – Whether ground for granting joint custody – Source of applicable law in relation to custody
TONY ANOZIA v. MRS PATRICIA OKWUNWA NNANI & ANOR FAMILY LAW – VALID MARRIAGE: Presumptions as to paternity secured under a valid marriage – Effect of
UBANI  V. THE STATE CHILDREN AND WOMEN LAW:- Women and Law enforcement – Women and Security of Lives and Neighbourhood – Wife and daughter who witnessed the brutal assault and kidnap of husband/father from which he was never seen again alive – Critical role as eye-witnesses – Implication for justice administration

UBEKU V. UBEKU

FAMILY LAW MATRIMONIAL PROCEEDINGS:- Divorce of cruelty and adultery – How proved – Need to distinguish cultural context between England and Nigeria in finding whether cruelty is proved or not – Custody of children – When court will grant same to wife against whom an order for divorce was made for cruelty – When order for maintenance of child and wife would not be granted
UKEJE V. MRS LOIS CHITURU UKEJE FAMILY LAWPATERNITY:- Child born outside of wedlock – Where acknowledged – Implication for inheritance of estate of deceased father
VICTORIA ADEKUNBI ABAJINGIN V. MICHAEL FULANI ABAJINGIN & ANOR. FAMILY LAW:– Divorce and Custody of Children – Interest of children of paramount consideration
WATSON V. WATSON FAMILY LAW – MATRIMONIAL CAUSES:- Husband and Wife – Divorce – Paternity – Estoppel – Decree on ground of adultery – Paternity “not admitted” – Whether res judicata – Legitimacy – Presumption – Use of contraceptives at time of conception – Paternity issue – whether wife can claim maintenance for child after a decree has been granted to the husband on the ground of wife’s adultery

WILLIAMS V. WILLIAMS

FAMILY LAW:– Petition for divorce on grounds amounting to desertion and adultery-  Proof of adultery – Adultery by both parties to the marriage – Court discretion – Proper exercise thereof

FAMILY LAW AND PROCEDURE: Divorce proceedings – Proof of adultery against third party co-respondent

FAMILY LAW: Dissolution of marriage – Breakdown of marriage due predominantly to civil war – Couple on opposite camps of national crisis – Petitioner asking for discretion of court in respect of his own adultery – Damages claimed against co-respondent

WILLIAMS V. WILLIAMS FAMILY LAW – MATRIMONIAL CAUSES:- Divorce and custody proceedings – Cruelty – What constitutes – Proof of – What petitioner must show -Judge’s discretion to dissolve marriage – Guiding principle – Custody of children – What should he considered

WILLIAMS AND GLYN’S BANK LTD V. BOLAND AND ANOTHER (HL)

FAMILY LAW:- Husband and wife – Matrimonial property – Doctrine of unity – Whether wife’s occupation of a jointly owned matrimonial property is no more than occupation in shadow of her husband -Whether a spouse, living in a house, has an actual occupation capable of conferring protection, as an overriding interest, on rights of that spouse
WILLIAMS V. ONILE-ERE  IN RE OLAWALE ONILE-ERE FAMILY LAW:- Petition and cross petition for dissolution of marriage – Adultery allegedly committed and admitted – Non-compliance with S.31(3) Matrimonial Causes Decree, 1970, as to the admitted adultery – Award against party cited-Appeal — Court erred in ordering the award, because of non-compliance with S.31(3) supra.
WILLIAMS V. PROBATE REGISTRAR CHILDREN AND WOMEN LAW:- Wills – Grant of Probate – Whether fees payable in respect of leasehold property – Rules of Court Order 48 rule 11.
WILLIE  V. THE STATE CHILDREN AND WOMEN LAW:- Women and witchcraft – Brutal murder of mother accused of witchcraft poisoning producing stomach-ache in her assailant/son – How treated

WUSU V. WUSU

FAMILY LAW – MATRIMONIAL CAUSES: – Petition for nullification of marriage on ground of recurrent attack of insanity – Sec. 7(1) (b) of The Matrimonial Causes Act 1937 and Section 9(1) Matrimonial Causes Act 1965 – Conditions precedent for the grant of the Order – Relevant considerations

FAMILY LAW – MATRIMONIAL PROCEEDINGS: – Petition for nullification of marriage – Woman who had been admitted before to mental hospitals before marriage – Where fact was not made known to husband – Relevant considerations – Need to consider the reports or evidence of doctors who treated respondent when she suffered a breakdown in her health

FAMILY LAW – MATRIMONIAL CAUSES: – Sec. 9(1) (b) (iii) of the Act of the Matrimonial Causes Act, 1961 – Petition for nullification of marriage on ground of recurrent attacks or fits of insanity or epilepsy – Distinction between lack of capacity to enter into a contract of marriage and legal effect arising from this: that on the day of the marriage the respondent was capable or not capable to enter into a contract of marriage

ZAIDAN V. MOHSSEN

FAMILY LAW:- Succession – Intestate Succession – Claim for declaration that defendant is not entitled to share in residuary estate of deceased – Alternative claim that residuary estate be distributed in accordance with Moslem Law – Counter claim – Deceased resident in Nigeria before death

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