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 AND PROCEDURE:- Matrimonial causes – Divorce/Dissolution of marriage—Allegation of adultery and cruelty – Charges where not substantiated by evidence – Petitioner and respondent agreeing on marriage irretrievably breaking down-Custody of children in dispute-Respondent taking good care of all the children-Youngest child sickly-Consideration for giving mother custody. |
ABDULHAMID V. AKAR | CHILDREN AND WOMEN LAW:- Security of family life – Children/Women as indirect victims of debt collection methods involving military personnel who harass, assault, intimidate and detain members of the family of a debtor or take away their properties or basic necessities without any court order – Proper way of addressing same – attitude of courts thereto |
ABISOGUN V. ABISOGUN AND OTHERS
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FAMILY LAW – MATRIMONIAL CAUSES: – Validity of Marriage under the Marriage Ordinance – Voidance of marriage under the Marriage Ordinance due to prior existing customary law marriage – How existence of customary law marriage may be proved – When deemed not proved – Relevant considerations FAMILY LAW – LEGITIMACY: – Legitimacy of children born of out wedlock – Legitimacy and legitimation – Effect of subsistence of a valid marriage under the Marriage Ordinance on legitimacy of children – Acts considered as legitimation – Relevant considerations |
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FAMILY LAW –MATRIMONIAL CAUSES:- Custody of infant child – Application by wife who deserted matrimonial home and moved in with a lover with whom she carried on adulterous affair – How treated FAMILY LAW –MATRIMONIAL CAUSES:- Custody proceedings – What applicant must prove to succeed – Good mother – Meaning and implications – Employment, visible source of income, suitable accommodation, immigration status, health and other relevant considerations on which court decides – When court may award custody to husband – How treated |
ADARAMAJA V. ADARAMAJA
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FAMILY LAW – MATRIMONIAL CAUSES – Adultery – Exercise of discretion – Principles governing. FAMILY LAW – MATRIMONIAL CAUSES -Divorce -Case not proved – Exercise of discretion in respect of adultery – Whether exercisable. FAMILY LAW – MATRIMONIAL CAUSES – Divorce – Cruelty – What constitutes. FAMILY LAW – MATRIMONIAL CAUSES – Divorce – Discretion statement filed but case not proved – Petition granted on appeal – Exercise of discretion by appellate court. |
ADEBAYO ATILADE V. LUCETTA ATILADE | FAMILY LAW:- Divorce – Husband and Wife – Desertion – Petition undefended – Need for Judge to consider if evidence before him is enough to sustain case – Whether helpful to petitioner if terms on which parties separated proffered to tribunal. |
ADEBUSUYI V. BABATUNDE ODUYOYE | WOMEN AND CHILDREN:- Women in Politics – Participation in general elections – Intra-party hurdles – Judicial challenge of wrongful substitution of a woman validly nominated for general election for a seat in the National Assembly – How treated |
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FAMILY LAW – MATRIMONIAL PROCEEDINGS: – Divorce on ground of cruelty and adultery – Proof of marriage – Necessity that Certificate of Marriage support the existence of the marriage – Whether court will not entertain a suit where the names of the parties are improperly omitted from or retained in the title – Discrepancy between the maiden name of the petitioner as given in the certificate and that given in the petition – Where evidence was not adduced to satisfactorily account – Legal effect |
ADEGBOLA V FOLARANMI | FAMILY LAW:- Marriage of Christian Native outside Colony or Protectorate – Presumption of – Succession to property by issue of previous native marriage – applicability of English Law |
ADEKUNLE V. AYINKE | CHILDREN AND WOMEN LAW:- Women and land ownership – Claim for title over same relying on documentary evidence and acts of ownership – Duty to prove case – Attitude of court to failure thereto |
ADENIJI V. ADENIJI
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FAMILY LAW:- Succession – Appointment of a Family Head – Inheritance under the Yoruba Native Law and Custom – Ojori and Idi Igi methods – How treated |
ADEOYE V. ADEOYE | FAMILY LAW: Husband and Wife -Divorce-Jurisdiction-Domicile- statutory exception to the ordinary rule that the court of the parties’ domicile has exclusive jurisdiction to dissolve their marriage – Need for the exception to be specifically pleaded |
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FAMILY LAW – MATRIMONIAL PROCEEDINGS: – Parties to a Petition for divorce on ground of adultery – Cross-respondents accused of adultery with one of the parties to the marriage – Designations: “Persons Cited” and “Person Named” – Rules for naming, joining or claiming cost or damages against cross-respondents on ground of adultery – Relevant considerations FAMILY LAW – MATRIMONIAL PROCEEDINGS:- Divorce proceedings – Requirement to state the status of Wife before marriage – Rule 4(1) (a) of the Matrimonial Causes Rules, 1957 – Whether mandatory – Whether failure to do so is cured by the insertion of “nee (Wife’s pre-marriage surname) |
ADEREMI ADEDAMOLA AJIDAHUN V. MRS. DAPHINE OTERI AJIDAHUN
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FAMILY LAW – MATRIMONIAL CAUSES – DIVORCE:- Petition for divorce on ground marriage had broken down irretrievably section 15(e) (f) of the Matrimonial Causes Act – Requirement for at least 3 years separation – What petitioner needs to prove FAMILY LAW – MATRIMONIAL CAUSES – DIVORCE:- Proceedings under Matrimonial Causes Rules, Order VII Rule 1 (i) (a) – (d) – Requirement that Respondent file an answer to the petition if he so wanted to, after due Service – Effect of failure thereto – Power of Court under provisions of Order XI Rule 39(1), (2) and (3) of the Matrimonial Causes Act to issue a Certificate that suit was ready for trial in the absence of an appearance and/ or an Answer by the Respondent – Whether breach of constitutional right to fair hearing |
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WOMEN AND CHILDREN:- Installation of a new Chief for a community – Chieftaincy Declaration stipulating that the persons qualified to be proposed as candidates to fill a vacancy in the Chieftaincy stools are members of the Ruling House of the male line only – How treated |
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FAMILY LAW – MATRIMONIAL CAUSES:- Divorce and ancillary claims – Whether Court can grant arrears of maintenance prior to the date of the petition – Appeal against custody and maintenance decision FAMILY LAW – MATRIMONIAL CAUSES:- Ancillary claims – Order for maintenance and custody – Treatment as interlocutory orders – Justification – Whether such orders, though on the face they appear final, are subject to subsequent revision, suspension or modification by the court which pronounces them |
ADEYEMI AND OTHERS. V. BAMIDELE AND ANOTHER.
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FAMILY LAW:- Legitimacy and legitimation – Children acknowledged by deceased parent under customary law – Whether illegitimate WOMEN AND CHILDREN:- Fatal Accident – Claims by wives and children – Marriage under Native Law and Custom – Marriage to be proved as a matter of fact – Children acknowledged by deceased – Whether illegitimate – Yoruba Customary Law. |
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FAMILY LAW – MATRIMONIAL PROCEEDINGS: – Divorce on ground of adultery – How proved – Burden of proof – Whether lies on the person who alleges adultery and that the same strict rule, as in criminal cases, applies, that is proof beyond reasonable doubt is required to establish adultery – Whether in order to succeed, it is not necessary to prove the direct fact and act of adultery in time and place – Whether the fact is inferred from circumstances which lead to it in most cases FAMILY LAW – MATRIMONIAL PROCEEDINGS:- Divorce on ground of adultery – Damages against Co-respondent/third party adulterer – Whether damages in Divorce are compensatory only and are not exemplary or punitive and the attitude of the court is not to punish the adulterer but to compensate the husband – Whether evidence that the co-respondent had employed treachery or deliberation or wanton attack on family honour to seduce party to the marriage is relevant – Where marriage is found to have already broken down and there is little to compensate for – Effect on quantum – Whether court is not concerned with the means of the co-respondent in the assessment of damages |
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WOMEN AND CHILDREN:- Women and Justice administration – Matrimonial proceedings – Woman Caveatrix – Liability for Court ordered compensation and costs made against her – Effect of filing notice of discontinuance improperly – Need to respect rules and principles of judicial proceedings |
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WOMEN AND CHILDREN:- Children/Women and Justice Administration – Children/Women and customary law – Tort proceedings – Competency of parties – Need to prove customary law marriage of woman claiming to be spouse of deceased person – Need to prove legitimacy of out of wedlock children – Effect on Fatal accident proceedings |
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FAMILY LAW: – Matrimonial Causes – Divorce on ground of Adultery – Award of damages or cost against co-respondent who committed adultery with spouse – Guiding principles thereof |
ADUKE V ABIONA | FAMILY LAW: – Family Property – Principles for a successful claim for account |
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FAMILY LAW – MATRIMONIAL CAUSES: – Petition for Divorce on Ground of adultery – Failure of Respondent to File an Answer – Whether admission of adultery – Custody of Children of the marriage – When granted to husband/petitioner – Co-Respondent accused of Adultery with Respondent – Requirement to establish identity properly – Effect of failure thereof |
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FAMILY LAW: Declaration of Title to Family land-Plaintiffs alleging that land still part of family land-Defendants alleging that there had been a partition with their own branch taking land in dispute absolutely – Burden of proving partition – On whom lies – Defendants calling no evidence – Evidence Act s.136 – Effect |
AJILOWURA V. DISU | WOMEN AND CHILDREN:- Women and Real Estate – Protection of interest in property – Relevant procedural considerations |
AKERE V. AKERE
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FAMILY LAW:- Divorce – Application for leave of Court to file petition within three years of marriage – What applicant has to show to establish her right to leave sought-section 2 (1) of the matrimonial Causes Act, 1950 regarding exceptional depravity and hardship. |
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FAMILY LAW – MATRIMONIAL PROCEEDINGS:- Petition for Divorce on Ground of Desertion – Section 15(2)(d) of the Decree – Dissolution of a marriage on the ground that it has irretrievably broken down if the respondent has deserted the petitioner for a continuous period of at least one year immediately preceding the presentation of the petition – How determined |
AKINTUNDE V. OYEDOYIN AND OTHERS. | FAMILY LAW:- Defendants sued in personal capacity – Defendant admitting in pleading that he was sued in representative capacity on behalf of family – No objection taken in address of defendant’s counsel – Whether too late for defendant to raise issue of representation on appeal. |
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FAMILY LAW – MATRIMONIAL CAUSES: – Adultery – Proof of – Standard of proof required – Confession of adultery – How regarded – Evidence of adultery – How inferred FAMILY LAW – MATRIMONIAL CAUSES:- Confessional statement of respondent – Whether it need be direct – When made while drunk – Weight to be attached to same as admission – Circumstances when admission of adultery by respondent will amount to admission also by co-respondent – Relevant considerations |
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WOMEN AND CHILDREN:- Children and murder – Children and criminal justice – Evidence of 12 year old of being the only eye-witness to the killing of 30 year old mother by accused person – Effect of trial court acceptance of boy’s evidence of mother’s dying declaration as corroboration of his own evidence – When may lead to cquittal of accused person WOMEN AND CHILDREN:- Security of household and neighbourhoods – Access to emergency security and medical services – Brutal assault of mother of 12 year old boy in the night – Boy endangering life to run into the night to call grandmother who risked same to rush to the murder scene where deceased daughter lay in pool of blood – How treated |
WOMEN AND CHILDREN:- Family Status – Whether High Court has original jurisdiction in matters of status where there is competent authority to entertain such matters – High Court Law (W.N.) S.8 | |
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WOMEN AND CHILDREN:- Women and Security of Highway – Death of woman pedestrian due to the dangerous driving of accused driver – Criminal prosecution of driver for causing death via dangerous driving – How treated – Relevant considerations |
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FAMILY LAW – MATRIMONIAL CAUSES – DIVORCE:‑ Ground for dissolution of marriage ‑ Adultery, Cruelty as grounds ‑ Whether permissible or valid under section 15(1) of the Matrimonial Causes Act, 1970 FAMILY LAW – MATRIMONIAL CAUSES – DIVORCE:‑ Ground for dissolution of marriage ‑ Ground cognisable under the Matrimonial Causes Act, 1970. FAMILY LAW – MATRIMONIAL CAUSES – DIVORCE:‑ Condonation ‑ What amounts to ‑ Section 26 Matrimonial Causes Act ‑ Effect. FAMILY LAW – MATRIMONIAL CAUSES – DIVORCE:- Divorce ‑ Cruelty ‑ Sexual intercourse after alleged cruelty ‑ Effect on proof of cruelty. |
ANIMASHAWUN V. OSUMA AND OTHERS | FAMILY LAW:- Authority of family head to institute action as regards family property – Relevant considerations |
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