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INHERITANCE AND ESTATE ADMINISTRATION CASES CONNECTED WITH WOMEN AND CHILDREN – 3

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

AMI

INDEX TO INHERITANCE AND ESTATE ADMINISTRATION CASES CONNECTED WITH WOMEN AND CHILDREN

TITLE MAIN ISSUES

IN THE ESTATE OF CHARLES GIBSON, DECD.

DisabilityWomen Living with Disabled Spouses – Blind Husband and visually-healthy wife – Whether both acting as witnesses to the execution of a will by a third party satisfies the requirement of two witnesses – How treated
JACOBS V MESSRS OLADUNNI BROTHERS

Young people and Succession – Succession of children jointly to property via will of deceased father – Whether such property designated as family property can be wholly or partially attached towards satisfying a judgment debt standing against some of the children – Relevant considerations

JADESIMI  V. FRED EGBE

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

JADESIMI V. OKOTIE-EBOH IN RE LESSEY (CA)

Administration of Estates – Administratrixes/ administrator litigating between themselves

KARARIN ALELU A. FARUQ v. A. SANI MAI ALLON KARFE

Muslim/Islamic/Sharia lawInterest in landMatrimonial line of inheritance – Whether recognised under Muslim/Islamic/Sharia law – Relevant considerations

LEWIS V. MAJEKODUNMI

Women and InheritanceWomen and customary law – Woman designated as daughter under a will – Family compound constituted under a will with ‘family head’ and ‘daughters’ – Woman designated as trustee and whose son was designated as head of family – Claim that she was a domestic servant and not entitled to rights conferred under a ‘family compound’ set up by the will alongside biological heirs and relatives – Attitude of court thereto

LIBERT ADEYEMO DANIEL V. NATHANIEL DANIEL

Succession to land held under ‘kola’ tenancy– Rival Claims of Child of the Marriage and Step-Child – Land acquired by couple before their marriage under the Marriage Ordinance in circumstances indicating it was acquired for woman by man – Land acquired and held under a customary law system which does not allow for total alienation thereby taking it outside of the operation of the Marriage Act – Where couple subsequently lived on property after marriage – Nature of holding established – Rival claim to succeed to property brought by a child of the marriage and another child of the husband by another woman – How treated

LIJADU V. FRANKLIN

Women and Real EstateWomen and Justice Administration – Defence of interest in property – Will and Probate – Necessary preliminary steps to acquire standing to sue on behalf of a testator as personal representatives appointed under a will

LLOYD (PAUPER) V GRACE, SMITH AND CO.

Widow – Women and Real Estate – Fraudulent sale of asset by agent of law firm consulted by widow for advise – Attitude of courts thereto

LOCH AND ANOTHER V JOHN BLACKWOOD, LIMITED

Women and Inheritance – Funds receivable under a will – Mandate on trustees to invest same in company and manage it for the benefit of heirs – Where company is mismanaged – Relief available to heirs
MADDISON V ALDERSON

Women in Employment – Woman House-keeper – Verbal/Parole Promise as to Life estate in land in lieu of remuneration for services – validity of contract – Whether remaining in service without payment was evidence of a contract over land – Attitude of courts thereto

MARTINS V FOWLER

Women and Succession/Inheritance – Widow – Devolution of estate of deceased widow whose children predeceased without heirs – Claim of relatives – How treated

MARTINS V. MARTINS

Children and Estate Management/Justice AdministrationOrphan’s property – Wrongful appropriation of assets left for orphan by uncle – Wrongful claim of the status of orphan’s guardian via affidavit by uncle of orphan for the purpose of obtaining funds put aside for infants benefit –  Infants right to reliefs  – Relevant considerations
METAL CONSTRUCTION (W.A) LTD & ORS V. MRS. D.A. MIGLIORE & ANOR.

Widow/Children (Minors) and Estate Administration – Right of widow and children to inherit estate of deceased father – Rectification of the Register of the company as to award them majority share holding of a company owned by deceased spouse/father-   Widow/Children (Minors)and Justice Administration – Attempt to use technical rules of court and legislation to defeat the ends of justice concerning the rights of a widow and her children– How treated

MISS HELEN EGBUCHE V. MR. PATRICK OKECHUKWU EGBUCHE

Female Children and customary rights of Inheritance – Right of Inheritance: Onitsha customary law – Interest of female children – How treated – Attitude of court thereto – Relevant considerations
MOJEKWU V. IWUCHUKWU

Women and Customary law – Women and Inheritance – Women and Justice Administration – Women and Land/Real Estate – Right of women to inherit property under customary law – Perceived discrimination against women via a cultural practice which excludes women from inheritance of property – Need for same to be specifically pleaded and proved

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

Beijing Conference Declarations on Discrimination against Women – Applicability in Nigeria – Propriety of invoking same in judicial proceedings having nothing to do with proven discrimination against women

MR. FESTUS OSEMWINGIE & ORS V. MR. OROBOSA OSEMWINGIE & ORS.

INHERITANCE RIGHTS:- Children – Succession rights based on the circumstances of birth – Right of first son under Bini Native Law and Customs – Will and probates – Where there is conflict between provisions of a will and applicable customary law stipulations as to inheritance – Relevant considerations

MR. FRANK OMORODION IGORI V. MASTER OTASOWIE IGORI & ORS.

Children and customary rights of inheritance – Distribution of interests in property via Will and demands of Benin Customary Law – How modern lifestyles is shaping judicial interpretation relating to customary inheritance rights – Relevant considerations
MRS. FOLUKE MUDASIRU & ORS. V. ANDREW OBINNA KALU ONYEARU & ORS.

Women and Inheritance rights – Estate administration – Succession rights – Widow and children of deceased person whose estate is under administration – Assertion and protection of interests in estate of deceased husband/father against third party claims/charges – Relevant considerations – Wife of deceased person – Fraudulent or bad faith ex parte applications preventing widow from participating in scheduled funeral rites of her husband so as to set up cultural barriers to her right to inherit in estate of deceased spouse – How treated by court

MRS. PAULINA ASIKA & ORS V. CHARLES CHUKWUMA ATUANYA

Women and Inheritance – Wills and Administration of estate – Inheritance rights of the girl-child and Onitsha customary law of inheritance – Relevant equitable considerations

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