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 |
Women/Children and Inheritance – Promiscuous father/husband – Legitimacy of 12 children born out of wedlock to a father married under Marriage Ordinance – Validity of marriage under Marriage Ordinance following a valid and existing customary law marriage by one of the parties – Validity of a customary law marriage subsequent to a valid marriage under the Marriage Ordinance by one of the parties– Effects on probate proceedings pursuant to grant of letters of administration – Implications for inheritance rights | |
ADEBAJO V. ADEBAJO |
Women/Children and Inheritance/Administration of Estate – Wives and children of deceased testator – Whether entitled to letters of Administration |
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Women/Children and Succession – Women/Children and Slavery – Validity of marriage contracted under native law and custom by a man who was subsequently taken abroad as slave and remarried in West Indies under Christian law – Legitimacy of child of the customary law marriage and right to inherit in the estate of Father inuring to wife of his Christian marriage – Relevant considerations – How treated |
ADEWUNMI AND OTHERS V. OSIBANJO AND OTHERS |
Intestacy – Grant of letters of Administration of estate of woman who died intestate |
ADUKE V. ABIONA
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Women and Real Estate – Succession under a will – Bequest of family property to woman – Headship of family arising therefrom – Claim for account against a person who leased out parts of property to third party – Description of person as ‘stranger’ instead of family member – Legal effect thereof |
AGUOCHA V. AGUOCHA |
Women and Inheritance/Estate Administration – Widow- Mother-in-law – of deceased person – Responsibilities of Widow appointed sole executrix and trustee of deceased’s husband’s Will to uphold stipulations/trusts created under the will for the benefit of his mother/relatives – Elderly women – Aged mother of deceased person refused maintenance by his wife/widow – Right to enforce same – How treated |
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Women and Inheritance – Matrilineal devise of real estate via will – Property owned by deceased woman – Devolution of same to her children and heirs – Claim of her caretaker to ownership of a portion of the land – How considered |
AHMED ALHADI V. ABRAHIMA ALLIE |
Women and Justice Administration – Widow – Prosecution arising from report of widow to estate administrator/accused person – Report made to police by accused as well as subsequent acts when deemed as constituting malicious prosecution – Relevant considerations thereof |
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Succession to property along family branches – Family branches founded by female and male forebears – Claim for partition of property – Counterclaim that family property belong to one branch having bought out interest of other members – Onus of proof – Effect of failure thereof |
ALAKE V. HALID |
Women and Succession – Matrilineal inheritance – Property devised under a Will for the benefit of grandchildren arising from the estate of deceased son – How interpreted |
ALFRED USIOBAIFO V. CHRISTOPHER USIOBAIFO
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Inheritance rights under Ishan native law and custom – Whether precludes female children from inheritance of immovable property/lands houses of deceased father – Right of inheritance of first born of against those of his siblings – Whether only the first son who can do the burial can inherit and exercise exclusive possessory rights over property of property of deceased father – Implications for wives and daughters of deceased persons |
ALHAJI IBRAHIMAH OF SEKONDI V. MAMMA GARIBA AND OTHERS |
Women and Real Estate/Justice Administration – Women and polygamous family – Polygamous family with absent/later deceased husband/father – Where one of the wives was husband’s former slave domestic – Expropriation of family homestead by government in exchange for financial compensation and resettlement on new land – Where wife/former slave domestic deploys compensation and some fund sent by absent husband to develop properties and other assets – Whether such properties/assets are family estate owned by its members as a polygamous family – Whether any part can be identified as belonging to the industrious woman in spite of her history which can be inherited solely by her adopted child to the exclusion of the rest of the family |
Women and Justice Administration/Property – Widows and Administration of estate – Protection of interests in land owned by deceased husband | |
ANEKWE V. NWEKE |
Inheritance rights – Customary rules which discriminate against widow without male child for deceased husband – Security of homes and family lives – Attempt to disinherit widow and her daughters of their father’s house – How considered by courts |
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Women and Real Estate/Land – Women and Inheritance – Grant of land to an acknowledged female member of a family by family head – Right of daughter of said female member to inherit the land on her demise – Attempt of family to frustrate the inheritance – Attitude of court thereto |
ARTHUR HANSEN HAMMOND V. UNITED AFRICA COMPANY LTD. AND OTHERS |
Women and Real Estate – Succession to property held under customary law by women – Relevance of mortgage citation signed by woman and her children alongside rival to the title towards the procurement of loan from the spouse of rival – How treated |
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Women and Customary Law – Women and Real Estate/land – Wife Inheritance – Younger brother inheriting wife of deceased brother and right to use property of brother – Assertion and defence of property – Relevant considerations |
BABALOLA V. BABALOLA |
Women and Inheritance – Succession and property inheritance under customary law – Assertion of female succession line under customary law – Right of parties whose asserted interests over property arose when they were infants – Relevant considerations |
Will and Estate – Education and Material Security of children born out of wedlock | |
BATTAN SINGH AND OTHERS V. AMIRCHAND AND OTHERS |
Children/Women and Inheritance – Complete disinheritance of blood/natural relatives via will in favour of strangers or wife – Enfeeblement or unsoundness of mind due to disease – When court will deem same relevant factor towards the invalidation of a Will |
BEN C. EMODI & ORS V. MRS. PATRICIA C. EMODI & ORS.
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Children and Divorce – Administration of Estate and succession to property – Effect of judicial decree of divorce based on impotence of husband on subsequent claims by persons claiming to be children of the dissolved marriage – Determination of paternity of claimants as heirs of deceased person in the absence of the evidence of their mother – Whether can be sustained relevant considerations |
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