CHILDREN AND WOMEN LAW & POLICY REPORTS WITH SUPPORT FROM AFRICAN MOTHERHOOD INITIATIVES
INDEX TO INHERITANCE AND ESTATE ADMINISTRATION CASES CONNECTED WITH WOMEN AND CHILDREN
TITLE | MAIN ISSUES |
Disability – Women 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 |
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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 |
Muslim/Islamic/Sharia law – Interest in land – Matrimonial line of inheritance – Whether recognised under Muslim/Islamic/Sharia law – Relevant considerations |
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LEWIS V. MAJEKODUNMI
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Women and Inheritance – Women 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
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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 |
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Women and Real Estate – Women 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 |
Widow – Women and Real Estate – Fraudulent sale of asset by agent of law firm consulted by widow for advise – Attitude of courts thereto |
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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 |
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Women and Succession/Inheritance – Widow – Devolution of estate of deceased widow whose children predeceased without heirs – Claim of relatives – How treated |
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Children and Estate Management/Justice Administration – Orphan’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 |
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.
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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.
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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 |
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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CHILDREN & WOMEN LAW AND POLICY CENTER
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