3PLR – CHRISTIANA UGU V. ANDREW EBINNI TABI
MADAM CHRISTIANA UGU V. ANDREW EBINNI TABI IN THE
PROPERTY, REAL ESTATE AND LAND CASES CONNECTED TO NIGERIAN CHILDREN AND WOMEN – 2
CHILDREN AND WOMEN LAW & POLICY REPORTS WITH SUPPORT FROM AFRICAN MOTHERHOOD INITIATIVES
INDEX TO PROPERTY, REAL ESTATE AND LAND CASES CONNECTED TO NIGERIAN CHILDREN AND WOMEN
| TITLE | MAIN ISSUES |
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Women and real estate – Women in business – Women and customary law – Women and marriage – Family land – Where wife is member of family but not the Head thereof – Whether husband can convey land belonging to wife’s family to third party without the consent of wife’s Family Head – Validity of conveyance – Whether defect cured by subsequent conveyance of land to husband by wife’s family – Implication for buyer’s suit to rescind and recover purchase price against wife |
| AYO ALABI & ANOR v. MRS. MOJISOLA ADEGBOYE | Women – Interest in property – Assertion and defence of interest in property – Judicial hurdles – Relevant considerations |
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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 |
| BADA V. MRS H.F. PEREIRA & ORS | Women and Land/Real Estate – Defence of interest in land – relevant considerations where a mortgage over a land registered in the Register of Title is involved |
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BALOGUN V. ALHAJI BUSARI AMUBIKAHUN
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Women and Justice Administration/Human Right/Property Rights – Woman whose arrest, detention, and prosecution was procured by legal practitioner with whom she had a land dispute – Woman procured by a person to frame another woman for diabolical/witchcraft activities – Malicious prosecution action arising therefrom – How treated by court |
| BERNARD V. JOSEPHS | Women and Real Estate – Joint ownership of property with husband or fiancé – Nature of interests created regardless of whose name the property was conveyed – Legal effect in the event of a separation – Women and Justice Administration – Attitude of courts to joint ownership of property between unmarried and married couples living together or to application for sale/division of property bought with intention to be used as matrimonial home – Children and Justice Administration – Attitude of courts to application for sale property used as family house due to divorce |
| BUGAN V THE QUEEN | Women and Justice administration – Unresolved dispute over land – Brutal murder of a woman for ‘failing’ to prevent a third party interfering with killer’s land – Whether justifies killing |
| CHIEF (MRS) T. A. ADEGEBO & ANOR V. OTUNBA BABATUNDE OWOKALU | Women and interest in Property – Real Estate – Protection of interest in land and immovable property – relevant considerations |
| CHIEF BRIGHT ONYEMEH & ANOR v. MRS. GRACE IWUEZE & ANOR | Women in Business – Women and Property rights – Protection of property interests in market stalls/shops – Relevant considerations |
| CLEMENTINA M. OGUNNIYI v. HON. MINISTER OF FCT & ANOR | Women in public service/employment – Housing and home ownership – Acquisition of interests in property – Participation government divestiture of interest in properties – Relevant considerations |
| D.W. LEWIS & ORS V. BANKOLE & ORS. | Women and Customary law – Right of a woman to be Head of a family under customary law – Women and Justice |
| DA COSTA V. IKOMI | Women and Interest in Real estate/land – Declaration of title over land acquired under customary law – Onus on plaintiff to prove same – Whether long possession and development of land amounts to such a proof – Effect of failure to so prove |
| DADA V DOSUNMU | Women And Real Estate – Sale Of Family Land – Mother/Matriarch As Signature To Contract For Sale – Dispute As To Title Arising From Transaction – How Treated |
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DANMOLA V THE ADVISER ON LANDS
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Women/Young people and Real Estate/Land – Enfranchisement of tenements under an ordinance – Right of parents to make application on behalf of children – Lodgment of objection to claims thereto – How treated |
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Women/Children and Succession – Off-springs of polygamous marriage – Customary practices relating to distribution of deceased’s estate – Idi-Igi and Ori-Ojori Yoruba customary law practices relating to succession – Need to ensure that preference is given to succession practice which within the peculiar facts of the case would not bring about an outcome that is repugnant to equity, fairness and good conscience |
| DAWODU Vs. DANMOLE | Women/Children and Succession/Custom/Justice Administration – Off-springs of polygamous marriage – Customary practices relating to distribution of deceased’s estate – Idi-Igi and Ori-Ojori Yoruba customary law practices relating to succession – Essentials of – Need to ensure that preference is given to succession practice which within the peculiar facts of the case would not bring about an outcome that is repugnant to equity, fairness and good conscience |
| DR. CHARLES OLADEINDE WILLIAMS V. MADAM OLAITAN WILLIAMS | Protection of interest over land/real estate – Relevant principles and rules of judicial proceedings – Role of good lawyers |
| EFFANGA V EFFANGA | Conflict over ownership of interest over land – Interest traced to a grant made by grandmother under customary law – How treated by trial court against opposing claim set on family ownership |
| EKAETE BASSEY OKPOSIN & ORS. V. FLORENCE ASSAM (MRS.) & ORS | Women and Real Estate:- Customary law – Family interests in land – Women as representatives of families – How treated |
| ENDE V ADODE | Women and Real Estate – Housing – Assertion and proof of ownership over property by inheritance – Relevant considerations |
| ESTMANCO (KILNER HOUSE) LTD V GREATER LONDON COUNCIL | Women and Real Estate – Defence of interests in property – Minority shareholding rights – When can give right to sue in representative action regardless of the wish of majority |
| EZENNAH V ATTA | Women and Real Estate/Land Law – Women and Justice Administration – Defence of interest in real estate/land – Allegation of breach of agreement to marry – How proved or rebutted – Allegation of the existence of a resulting trust – Meaning and legal effects – How rebutted |
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Children/Women and Customs/Human Rights/Justice Administration/Property Rights/Inheritance – Right to Dignity of the Human Person, Protection from Servitude and Right to property – Persons/Families designated as customary slaves/domestic helpers – whether or not a customary slave could be regarded as a member of his overlord’s household – Right of customary slaves/domestic helpers even after several generations of aligning with and living with a particular land holding family and enjoying rights over land – right to property or compensation for compulsory acquisition of property granted by overlord – Whether modern legal developments have not elevated the status of customary slaves to the position of equal partners with their overlord’s children – Implication for the distribution of monetary compensation for property acquired by government even where property had been given to customary law slaves for generations for their use |
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Young persons and Customary practices – Young persons and administration of estate of deceased mother/parent – Practice of inviting older relative to join as party for the grant of letter of administration – Whether establishes any co-ownership right in invited relative – Relevant considerations |
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FOMBO V RIVERS STATE HOUSING AND PROPERTY DEVELOPMENT AUTHORITY
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Women and Real Estate – Acquisition of interest in property deemed ‘abandoned’ after the Nigerian civil war – Claim to preferential right to acquire property based on long occupation – When based on a non-enforceable recommendation/proposal of a government committee – Attitude of court thereto |
| GALE v. GALE. | Women and Inheritance – Widows and remarriage – Children of widow and the implications of their mother’s remarriage to inheritance rights – Covenant made by Widow to convey property for the benefit of her children by a first marriage made in pursuance of an agreement between her and intended husband – Whether can be enforced at the suit of the those children – Whether an exception to the general rule that the performance of a covenant cannot be enforced by volunteers |
| GOLD V OSASEREN | Women and defence of interest in land/real estate – Proof of title under Bini customary law – Relevant considerations |
| GRACE V. OMOLOLA HOSPITAL | Real Estate – Women and ownership of landed property – Relevant consideration |
| HAJJA FALMATA KULWA v. BUKAT TORBE & ORS. | Real estate and women – Home ownership – transfer of interest in real estate through gift and connected interests – Distinction between the concept of neighbour and joint ownership – Relevant considerations |
| HAMMED A. TORIOLA AND ANOR. V. MRS. OLUSHOLA WILLIAMS | Women and Real Estate/Land – Women and Inheritance – Defence of interest in real property – Intestacy and – Women and Justice Administration – Proof of title to land under native law and custom – Rights as an Administrator of an estate |
| HOMES V. NEWMAN. | Women and Inheritance – Estate of deceased woman – Succession thereto via will – Relevant considerations |
| HOUSTON AND OTHERS V BURNS AND ANOTHER | Women and Inheritance/ Succession – Female testatrix without heir – Validity of charitable bequest of residue of estate made for the benefit of her parish or its neighbourhood – Whether direction to her trustees is void for uncertainty |
| HOYSTEAD V COMMISSIONER OF TAXATION | Women and Inheritance – Annual income receivable under a will from trustees – Taxation of same – Relevant considerations |
| IBRAHIM YUSUF IBRAHIM & ORS v. PHILIP ODEH AGIRI | Real Estate- Right of a woman to own and deal with property – whether subject to any third party sanction – treatment by court |
| IBUM OLUMBA & ORS V. THE REGISTERED TRUSTEE OF THE BROTHERHOOD OF THE CROSS & STAR | Wife and heirs of founder of a religious Non profit organisation – Real estate and properties belonging to non profit – inheritance right of heirs and spouse of founder of a religious body against registered trustees of non-profit thereto – Relevant considerations |
| IDRIS OLOYEDE ASANIKE v. MRS. OJUOLAPE AKINLEYE & ANOR | Women – Protection of interest in land under customary law – Relevant principles – Available legal reliefs |
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IFOP V. CENTRAL BANK OF NIGERIA
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Women and Justice Administration – Women and property – War time economic policy restricting persons in defunct Biafra to a ceiling amount of money (£500) they can exchange with old Nigerian currency – Woman who made eleven payments to the proper officers or representatives of the defendant Bank for exchange in equivalent Nigerian notes – Implication for wellbeing and economic security of women who survived traumatic war experience – How treated |
| IJAOBA V LA SOCIETE COMMERCIALE O | Succession to Property and Estate Management – Heirs of deceased parent – Succession to property with encumbrances – How discharged – Relevant consideration |
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Women and Defence of Interest in Land – Woman vendor – Sale of land without legal title – Risks – Women and Business – Sale of land/Real Estate – Breach of covenants as to title contained in and quiet enjoyment implied in a Deed of Conveyance – Where vendor’s misrepresentation leads buyer to incur expenses in developing the land – Calculation of liability and damages – How treated |
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