CHILDREN AND WOMEN LAW CASES WITH SUPPORT FROM AFRICAN MOTHERHOOD INITIATIVE
[Judgments published on lawnigeria.com are freely accessible online – depending on availability. PDF copy(ies) of any, or select group or compendium of such listed judgments can be procured by emailing: info@lawnigeria.com and lawnigeria@gmail.com]
TITLE | MAIN ISSUES |
ABDUN KAKA v MALAMI NAGWANJA | FARM ASSETS – LAND DISPUTE OVER FARM LAND:- Land acquired by way of gift under Islamic law – How proved – Refusal to pay rent on demand for longstanding farm – Consequence |
ABIOLA V. IJOMA | FARM OPERATIONS:- Poultry farm – Claim in nuisance for noise arising therefrom to adjoining property occupants/owners – How treated |
ADERAWOS TIMBER COMPANY LTD V. BALE ADEDIRE AND OTHERS | FARM ASSETS – LAND AND AGRICULTURAL RESOURCES:- Statutory establishment of a forest reserve over land once subject to communal ownership – Nature of rights reserved, extinguished or established – How ascertained – Concession of portion of forest reserve for commercial exploitation – Legal implication for reserved rights of limited farming activities of community/families connected with land – Locus standi to bring an action challenging concession – How treated |
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FISHERY:- Common right of fishing in tidal waters – Private bid to impose a levy on same – Claim for injunction to restrain interference – Right to the order by a private citizen – Basis – Statute relating to minerals and vesting control of territory like waterways on government – Whether amounts to an implied intention to take away existing rights of fishery on the general public |
AMACHREE V KALLIO | AGRICLTURE AND WATERWAYS – Communal rights to fish in waterways – When control of use of waterways can be tied to land – Waterways and resources which are not amenable to control by first settler’s rights or historical exercise of sovereignty – Effect |
FARM ASSETS – LAND:- Dispute over ownership of land – Where party proves use of land for cultivation of short-term crops like corn instead of perennial economic crops like coca or kola nuts – How considered – Implication for agricultural practices | |
AREMU V ADETORO | FARM ASSETS – ACCESS TO LAND:– Dispute over ownership of farm land – Proof of identity of land – Use of rivers, trees and cash crops as boundary markers – How treated |
BABAYO BAKA SEYO V. HUSSAINI BABA TUMFURE | LAND HOLDING PRACTICES AND ANIMAL HUSBANDRY:- Ownership of land by prescription – Implications for animal husbandry operations |
BORNU HOLDING CO. LTD. V BOGOCO | CONTRACT FOR PROCUREMENT OF AGRICULTURAL PRODUCE:- Claim for amount due but unpaid for farm produce, bagged, transported and delivered – How treated |
BRITT V BUCKINGHAMSHIRE COUNTY COUNCIL | TOWN/COUNTRY PLANNING AND AGRICULTURE – Use of land in agricultural area as car dump – Established use without planning permission – How treated |
C.G.G V OGU | SECURITY OF FARMLAND AND HARVEST – Wrongful and reckless acts of breaking and entering into farmland by cutting several seismic lines resulting in wanton destruction of cash/economic crops and trees, fish ponds, juju shrines and farm house – Court with jurisdiction to hear suit – How treated |
CHEVRON NIGERIA LIMTED V. THEOPHILUS NWUCHE & ORS.
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AGRICULTURAL LAND:– Effect of mining activities – Oil Pipeline Act Cap 07 Laws of the Federation 2004 – Need for prior consent of owner or occupier or person in charge of any cultivated land, garden or farm before carrying out any activity under a permit to survey pursuant to mining activity – Duty to take all reasonable steps to avoid unnecessary damage to any land entered upon and crops or profitable trees thereon – Duty to make compensation to the owners or occupiers for any damage done under such authority and not made good |
CHIEF KOFI AKRASI v CHIEF OSEI KOJO | PLANTATION FARMING:- Customary law practices relating to plantations and large farms – “Cocoa tribute“ – Claim for an order for forfeiture to the plaintiff of the defendant’s cocoa farm or in the alternative, in lieu of forfeiture the payment of a further sum of money – How treated |
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