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PROPERTY, REAL ESTATE AND LAND CASES CONNECTED TO NIGERIAN CHILDREN AND WOMEN – 3

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

AMI

INDEX TO PROPERTY, REAL ESTATE AND LAND CASES CONNECTED TO NIGERIAN CHILDREN AND WOMEN

TITLE MAIN ISSUES

IN RE EFFIONG OKON ATA v CHIEF ELIJAH HENSHAW

Women and Slavery – Women and Succession/Inheritance – Succession to the properties of slave born person – Right of sister of a slave-born person against former slave-masters – Right of wife against other relatives to administer personal property of a deceased ex-slave
In re GARRARD. GORDON v. CRAIGIE Women and Succession/Inheritance – Woman testatrix – Donation/bequest of portions and residue of estate for charitable purposes – Challenge of same by heirs – How treated
IYAKIN V GBAJUMO Interest over family land – Rival claim over family land asserted via historical marriage – How considered
IYOWUAWI V.  MADAM NIMOTA ABAKE IYOWUAWI Women and Real Estate – Dispute over partitioned family land on account of member who died childless after receiving her share

J. ADJARHO V. MRS G. AGHOGHOVWIA AND OTHERS

Women and Real Estate/land – Defence of interest in un-partitioned family land (rubber plantation) held under customary law against unilateral sale by eldest son/Head of family – 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
JEGEDE V. GIWA AND OTHERS Women and Real Estate/Land – Need for integrity in the making of covenants pursuant to land transaction – Women and Justice Administration – Equity and Sale of land – When courts will refuse to allow technicality and error of counsel defeat a just claim

JOACQUIM V. JOACQUIM

Children/Infants and Justice Administration – Claim for rendition of accounts of all receipts in respect of grandfather’s property – When Court may make an Order for concession payment for the sustenance of children pending determination of suit – How treated – Children and Real Estate/Property ­– Succession to interests therein – How enforced
JOE BEST ESTATE DEVELOPMENT & PROPERTIES LIMITED v. MRS GRACE A. NZEGWU & ORS Human Rights- Security of Housing for Widow – Protection of interest in property of deceased spouse – Consent judgment obtained by pretext – How discharged – Relevant considerations

JULIUS AKINGBADE AFESOJAIYE V RACHEAL AFESOJAYE & ANOR.

Children/Women/Widow and interest in immovable property – Justice Administration and Inheritance rights – Protection/defence of same – Widow and children of deceased person with interest in property – Right over gift of property made inter vivos by deceased husband/father to son against adverse claim by a relative – How treated by court
KAIYAOJA V. EGUNLA Women and Real Estate/Land – Defence of interest in land by way of court action – Relevant considerations

KALE V. COKER & ORS.

Women and Defence of interest in Real Estate/Land – Common practices – Unregistered Agreement evidencing Lease/Sale of Land – How treated
KARARIN ALELU A. FARUQ V. A. SANI MAI ALLON KARFE Muslim/Islamic/Sharia law – Interest in land – Matrimonial line of inheritance – Whether recognised under Muslim/Islamic/Sharia law – Relevant considerations

KUFORIJI  V. V. Y. B. (NIGERIA) LIMITED

Women and Real Estate – Claim for rescission of agreement for joint-purchase of property with husband –  Women and Justice Administration – Proof of existing monogamous marriage with third party nullifying subsequent customary law marriage – ­Women in Employment – Housing transaction as incentive towards greater job performance
LAWAL V. KOFFO Women and Justice administration – Women and defence of interest in real estate – Arbitrary sealing of home of woman tenant by local council officers acting outside of the scope of powers given to them – Alleged burglary of home of woman during pendency of the sealing leading to loss of properties– Liability of local council and its officers in trespass – Duty to prove burglary and special damages claimed – Effect of failure thereof

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

LINUS OKEREKE V. NWANKWO

Women and Real Estate/land – Women and Customary Law – Practice of female daughters remaining in the home of their fathers to procreate for the father who had no surviving male offspring in accordance with the custom of their people by which custom she becomes entitled to inherit the estate of her father – Implication for justice administration – Bride price – Person who receives same in lieu of the dead father of the bride –Implications for control of estate of bride’s father – Burial expenses of a deceased person without a male son – Person who bore same – Implications for control of estate of deceased person
LLOYD (PAUPER) V GRACE, SMITH AND CO. – CWL Widow – Women and Property/Real Estate – Fraudulent sale of asset by agent of law firm consulted by widow for advise – Attitude of courts thereto
LLOYDS BANK PLC V. RONALD GEORGE DOIDGE AND ANOTHER Women and Housing/Marriage/Justice Administration –  Woman with equitable interest in property mortgaged by husband for business related reasons – Order for possession of property for breach of mortgage terms – Effect of action by woman asserting her equitable interests in the property

LUCY ONOWAN & ANOR V. J. J. ISERHIEN

Women in Business – Access to business loan guaranteed by way of title deeds of property – Risks – Women and Real Estate ­– Dealings in real estate which equate to transfer of ownership to another
M.O. OKOYE AND SONS V STANDARD BANK OF WEST AFRICA Women and Property rights/Justice Administration – Defence of interest over property acquired by way of execution sale – What court would consider – Impact of changes in statutory rules applicable thereto
MADAM ABUSATU AGBOGUNLERI V. MR. JOHN DEPO & ORS Women and Real Estate – Protection of interest in landed property and other properties – Relevant considerations
MADAM ALAKE AROYEWUN V. JOSEPH ADEBANJI Women and Justice Administration – Access to court over property rights – Need to employ diligent and competent lawyers – Women and Real Estate – Defence thereof – Need for diligent and competent lawyer
MADAM ANI ATAMGBA v ODO AMBA EFFIMI Women and property – Trespass to land
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 – Devolution of estate of deceased widow whose children predeceased without heirs – Claim of relatives – How treated

MARTINS V MARTINS

Children and Estate Management – 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
MBANI V BOSI Women and Real Estate – Defence of interest in land asserted under customary law – Role of Chief Juju Priest in determination of title to land – How treated

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

MR. P. OGUNYANWO & 4 ORS. v. MS AUGUSTA OLUWOLE Women and Real Estate – Protection of defence in property – Relevant considerations
MR. SULEMAN MAITO & ORS V. MADAM YEMISI OGUNBODEDE Women and Real Property – Protection of interest in real estate – Legal options
MRS. CELILIA KANJAL v. MARY IFOP Women and Interest in Property – Protection of interest in land/real estate – Relevant considerations
MRS. COMFORT AKINMOSIN v. MRS. AJOKE MAKINDE & ANOR Women – Defence/assertion of interest in real estate and land – Relevant legal considerations thereof

MRS. ENO EKPUK V. MRS. BASSEY ITA OKON

Administration of Estate:- Wife whose husband died before divorce proceedings were finalised – Right to administer estate of deceased husband in competition with the right of sister and daughter of deceased husband – Relevant considerations – how treated by court
MRS. FLORENCE O. CARRENA & ORS. V. CHIEF GAFARU AROWOLO & ORS Women and Real Estate – Protection of interest in land – Relevant considerations
MRS. NURA IDOWU LAYENI & ORS v. MR. TOLULOPE ODEBIYI & ORS Women – Protection of interest in property – Relevant considerations
MRS. RONKE OMIYALE V. MOBOLAJI MACAULAY & ORS Women and Property Interests –Proof of title to land arising under customary law and a deed of gift – Need to trace and anchor source of title to property in a specific family – Relevant considerations

MUTUAL AIDS SOCIETY LTD V AKERELE

Women in Business – Loan secured by deed of mortgage over land – Attempt of creditor to auction home of woman debtor instead of the property covered by the deed of mortgage she executed – Whether defamatory of husband – Proper relief thereto – How treated

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