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 |
NATIONAL BANK OF NIGERIA AND ANOR V. LADY AYODELE ALAKIJA AND ANOR |
Women and Real Estate – Rights over inherited property – Women and Justice Administration – Origination of suits and effects on timely resolution of cases |
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Children/Women and Inheritance –Recovery of funds or assets misappropriated by executors of estate – Attitude of court thereto – Relevant legal principles |
NKAMA V UKA |
Women and Inheritance rights – Women and Customary law practices – Succession to land – Matrilineal and Patrilineal system – Where one is pleaded to operate to the exclusion of the other – Need to prove same – Existence and effect of matrilineal system of inheritance under customary law |
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Paternity Of Children and Rights Of Inheritance – Paternity of child whose mother’s claim to valid marriage with father had been dismissed – How paternity is asserted – Need to distinguish the right or interest of the children in the estate of their father in law as distinct from that of their mother irrespective of whether she is married to their father or not – Right of any child whose deceased father is a person subject to customary law and married under native law and custom before his death even if child was not born within that customary law marriage |
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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 |
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Child of deceased person and Justice Administration – Person not named in will of parent – Use of consent judgment to ‘insert’ his/her name as a beneficiary under the same will – Attitude of court thereto |
OLUWATUYI & ANOR V. OWOJUYIGBE & ANOR |
Inheritance Rights – Idi-Igi customary right of inheritance under Yoruba customary law – Polygamous family – Inheritance right of children via wives – Protection of interests in inherited property |
OSOALA V. KALLA
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Women and Real Estate/Land – Legal defense of land against trespassers seeking to build upon land forcefully – Women and Justice Administration – Claim for declaration of title to land – Where evidence tendered shows that title to land is voidable at the instance of third parties – Effect |
OTTER V. CHURCH, ADAMS, TATHAM & CO. |
Young persons and Inheritance – Real estate bequests received by way of will – How secured – Women and Justice Administration – Negligent provision of service by solicitor leading to dissipation of asset of estate administered by woman – Extent of damages recoverable against solicitor – Relevant considerations |
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Women/Widows and Real Estate/Land – Women and Justice Administration – Protection of access way to property – Claim of woman and her husband (who died during pendency of suit) for damages caused by attempt to obstruct access way to their property – How treated |
RABIATU ADEBAYO v. RASHEED SHOGO |
Inheritance rights over immovable property– Claim based on the stripes system of inheritance – When contradicted or challenged – Need to trace origin of asserted title over land adequately |
RESSEL L. Y. DAKOLO & ORS. v. GREGORY REWANE-DAKOLO & ORS.
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Women and Inheritance rights – Twice-married deceased woman – Succession disputes over property devolving on deceased twice-married woman – Claims of grandchildren of deceased woman from prior relation against children of her marriage before death – How resolved – Relevant considerations |
S. J. ADESEYE AND OTHERS V S. F. TAIWO AND OTHERS |
Succession to property under Yoruba customary law – Right of children of deceased vis a vis claims of relatives – Whether can be affected by a past compromise arrangement not given effect to |
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Women and Inheritance – Marriage portion – Children and Business – Contract by parent for the benefit of child – Promise made by parent in settlement of daughter’s marriage – Enforceability thereof |
UDENSI V. MOGBO |
Women and Justice administration – Protection of the inheritance rights of female heirs of a deceased person who died with male heir – Invocation of equitable and trust principles – Women and Customary Law – Practices precluding female heirs from inheriting the estate of their fathers – Attitude of courts thereto – Women and Real Estate/Land – Legal and equitable reliefs available to the vigilant |
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Children – Constitutional law and Human rights – Succession and Inheritance rights – Proof of paternity – Section 42(1), (a), (2), 1999 Constitution – Nullity of customary law denying inheritance rights of female children from their father |
WHITE V. EDMOND |
Widows and Inheritance – Child-bearing age – When a woman is deemed to be past child-bearing age for the purpose of administration of estate as outlined under a will – How treated |
WILLIAMS AND GLYN’S BANK LTD V BOLAND AND ANOTHER
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Matrimonial property – Husband and wife’s joint purchase of matrimonial home – Conveyance in husband’s sole name – Husband mortgaging home without wife’s knowledge – Possession sought by mortgagee – Whether mortgagee have priority over wife’s equitable interest – Whether wife in ‘actual occupation’ – Whether wife having an ‘overriding interest’ |
WILLIAMS V FACADE |
Women and Ownership of Real Property – Administration of property of married woman who died intestate – Whether her personal representatives can administer her real property |
WINTLE V NYE |
Women and Inheritance – Estate belonging to woman testatrix – Validity of will which vests bulk of estate on solicitor who prepared will |
ZAIDAN V. MOHSSEN |
Women and Inheritance – Childless wife of deceased foreigner who died a Muslim– Rival right of wife and mother to inherit his estate in Nigeria – How treated |
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