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PROPERTY, REAL ESTATE AND LAND CASES CONNECTED TO NIGERIAN CHILDREN AND WOMEN – 4

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

MWANA V. GOMWALK

Women and Real Estate – Ownership of interest in property – Protection of same – Relevant considerations

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
NEZIANYA V OKAGBUE

A woman’s right over land under Onitsha customary law – Right of wife who left husband when he took another wife – Wife without male child – Right of children of the marriage

OBA JAMES ADELEKE & ORS. v. NAFIU ADEWALE LAWAL & ORS.

Women and Real Estate/Property – Feud over communally held farmland – Women as silent victims – Relevant considerations
OBASI V. EBENUGWU

Real Estate – Defence of property rights –  Role of wife in asserting or defending claim of spouse over property – Relevant considerations

OBIMONURE V ERINOSHO

Women and Justice administration – Women and real estate – Favourable judgment received at customary court relating to title over property – Whether same can be overturned via an appellate proceedings which processes were not served on woman as plaintiff/respondent/party – Duty of court to set same aside
ODEWARA V. THE STATE

Women and Justice administration – Women in business – Women and real estate – Woman found on the farmland reaping and cooking palm fruits on disputed land – Whether not evidence of entry but evidence of remaining on land – Propriety of charging her of entering a land which is in actual and peaceable possession of another, in a manner likely to cause a breach of the peace or reasonable apprehension of breach of the peace under section 74 of the Western Nigeria Criminal Code Law – How treated

ODJEVWEDJE V. ECHANOKPE

Property ownership – Trespass to land
OGUGUA UKWA & ORS . V. AWKA LOCAL COUNCIL & ORS.

Community land granted for use in developing community market by local council – Abandonment and dispute over use of same – Silent stakeholders – Unlawful use of community lands – Interests of women and families and effect thereon

OGUNDIPE V. THE MINISTER OF FEDERAL CAPITAL TERRITORY

Women in Employment – Bidding for ownership of interests in real estate – Public servants and access to publicly sponsored home ownership schemes – Right to exercise first refusal in respect of present accommodation – Accrued rights as a result of monetization policy – Relevant considerations
OGUNFAOLU V. ADEGBITE

Women and Real estate – Defence of interest in property – Women and Justice Administration – Onus of proof considerations in relation to proof of title to land

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
OGUNSANYA V. TAIWO

Women and Real Estate/Land Interests – Conveyance relating to family land – Proper way of drafting same as to reflect involvement of Family Head in his position as such – Implication for justice administration

OJUGBELE V. OLASOJI

Women and Real Estate/Land – Defence of interest in property against adverse claims– Priority of rival titles – Need to ascertain root of title – Relevant considerations
OKAFOR V.A.G. ANAMBRA STATE

Community land used for homestead and farming – Expropriation of same by government without compensation – Implications for women and family life – Whether allocating portion of land to third party for establishment of a gas processing plant amounts to public interest

OKAGBUE & 2 ORS V. JANET ROMAINE

Women and Real Estate/Land – Defence of title to land – Women and Justice Administration – Validity of gift of land made to female foster children
OLUBEKO V. FEDERAL REPUBLIC OF NIGERIA

Real Estate- Ownership of interest in real estate by a woman – Instruments of ownership – Certificate of ownership – Security and recovery of same

ONYIBOR ANIEKWE & ANOR. V. MRS. MARIA NWEKE

Widow – Women and interests in Property – Customary law challenges – Right of a widow over interests in land/property enjoyed by her deceased husband – Customary law which disentitles widows with female children only from inheritance to land and properties – Attitude of court thereto – Relevant considerations
OSHAFUNMI V ADEPOJU AND ANOR

Women – Right over interest in property – valid transfer of ownership in property – essential ingredient for a valid sale of property

OTUBANJO  V. KUJORE

Women and Real Estate/Land – Declaration of title to land – Women and Justice Administration ­– Likelihood of bias – Meaning and legal effect
OWONYIN V OMOTOSHO

Customary law – Title to land – Role of women in securing traditional history and survival of their clan

OYEDELE V. OGUN

Women and Land/Real Estate – Defence of interest in Land/Real estate – Women and Justice Administration – Proceedings before Registrars of Title
OYEGBESAN V. OYEGBESAN

Divorce and real estate rights – Divorced mother with 3 children still resident on property judicially declared as belonging to ex-husband – When continuing residency with children amounts to tenancy at will – Court treatment of ex-husband’s attempt to eject and repossess

P. D. HALLMARK CONTRACTORS NIGERIA LIMITED & ANOR v. GLORIA KANROTMWA GOMWALK

Real Estate – Women – Defence/assertion of interest in land – How treated
PRINCEWILL EYO ASUQUO & ORS. v. MRS. GRACE GODFREY EYO & ANOR

Women and real estate/property – Widow – Security of residential accommodation and customary law practices – Protection of interest in property enjoyed by deceased spouse – Relevant considerations

PROF. FOLA LASISIS & ANOR V. MRS. ROSE NMA NWANNA

Real Estate/land – Protection of legal interest therein – Unlawful deployment of thugs to interfere with a woman from cultivating land and or erecting her building on it – How treated
SOLOMON OJO OLUWOLE V. MODUPE MARGARET

Protection of interest in property – Joint ownership in immovable and movable properties – Relevant considerations

TOWN CLERK, L.T.C. V CLEMENT

Women and Housing/Real Estate – Women and Justice Administration – Damage to property through negligence of employee of a public institution – Action to recover damages – Proper way to proceed – Relevant considerations
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

UYANNE V. ASIKA

Women and Real Estate – Women and Justice Administration – Defence of interest in property – Post Civil War statutes affecting property – Duty of court to interpret unique Nigerian statutes without undue reliance on English statutes
WILLIAMS AND GLYN’S BANK LTD V BOLAND AND ANOTHER (HL)

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’

WOLUCHEM AND OTHERS  V. GUDI AND OTHERS

Women and Real Estate/Land – Silent victims of protracted disputes over communal lands used for farming, fishing and harvesting of economic trees on it – Effect of eventual judgment one way or the other

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