3PLR – CHRISTIANA UGU V. ANDREW EBINNI TABI
MADAM CHRISTIANA UGU V. ANDREW EBINNI TABI IN THE
JUSTICE ADMINISTRATION AND NIGERIAN CHILDREN AND WOMEN CASES – 4
CHILDREN AND WOMEN LAW & POLICY REPORTS WITH SUPPORT FROM AFRICAN MOTHERHOOD INITIATIVES
LIST OF JUSTICE ADMINISTRATION CASES CONNECTED TO NIGERIAN CHILDREN AND WOMEN
[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 |
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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 |
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Women and Crime/Justice Administration – Women as indirect victim of crime – Women and Law enforcement – Extra-legal killing via lynching of person suspected of stealing – Activities of dreaded cult groups/gangs and effect on women and Families/communities – Deceased husband/son lynched by members of dreaded cult – Brace efforts of mother and wife to secure police investigation 6 months after – How treated |
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Women in business – Women and Justice Administration – Security of highway and neighbourhood – Business woman brutally strangulated to death and robbed by co-passengers of money and valuables – How treated by prosecution and trial judge – Effect |
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Women and Justice Administration- Wife-murder – Husband/appellant afflicted with leprosy – Wife/deceased deserting him and their 10 children – Husband suing deceased in native court to return and ease burden of caring for himself and children – Court ordering wife to take care of children but to live apart from husband – Whether deceased’s desertion justifies waylaying and killing her |
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Women in Crime and Justice Administration – Husband killing – Wife accused of being domineering in her marriage and who kept a paramour with who she committed adultery with in and out of her matrimonial home with the knowledge of her husband – Wife finally accompanying husband to waterfront from where he never returned alive – Alleged attempt to frame others for murder – How treated by court |
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Women and Security – Wife of person living with disabilities – Protection from assaults and unwanted advances of third party – Implication for justice administration Children and Security/Human Rights – Right to Life – Legal child of a person living with disabilities but biological child of a third party lover of mother – Brutal murder of 8 month old child due to mother’s refusal to continue sexual affair – How treated |
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Widowhood – Women and Justice Administration/Security – Wife whose husband was killed by cult group so that she can be ‘given’ to a member of the cult – Criminal assault on individuals, families and communities – Failure of proactive law enforcement – Effect – Attitude of Court thereto |
| OBI V. THE QUEEN |
Women and Justice Administration- Indirect victims of crime – Widowhood – Mother whose son was docked for the brutal murder of father – How treated |
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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 |
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Women and Justice administration – Women and inheritance – Will of woman testratrix – Application by blood sister to have Executors appointed under Will replaced by court appointed managers/receivers – Failure to satisfy condition precedent for grant of application – Effect thereo |
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Children and Right to life – Baby-killing/Infanticide – Baby killed by teenage mother immediately after delivery inside a bathroom – How treated – Teenage mothers and access to maternal healthcare and counseling – Implications for infant mortality rate Women and Crime – Infanticide/Murder- 16 year old mother accused of murdering her baby right after giving birth in a bathroom – Common knowledge that a woman, during and around the period of labour, normally loses all her self control sometimes to the extent that she does not know what she is doing – Whether a defence that can be pleaded against a charge of murder Young People and Justice Administration – 16 year old accused of killing own baby right after delivery – Not having parent or relative around to offer advice and guidance – Whether a relevant consideration – Attitude of court thereto Young People and Employment:- Under-age persons/Minors and liability for crime – Evidence of employment in a position statutorily disallowed for minors – Whether ground for denying statutory benefits accorded a minor/under-age offender |
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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 |
| ODUNSI AND OTHERS V. ODUNSI |
Child of deceased person and Justice Administration – Person not named in will of parent – Use of consent judgment to ‘insert’ his/her name as a beneficiary under the same will – Attitude of court thereto |
| Women and Rape – Women and Justice Administration – Young girl raped – Case bungled by Police investigation and prosecuting counsel – Effect | |
| ODUNTAN AND 3 ORS V. GIWA AND 2 ORS. |
Women and Justice Administration – When appealing an adverse court judgment may be risky |
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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 |
| OGUNFOWORA V. WILLIAMS |
Women and Justice Administration – Woman struck by a vehicle – Proof of case based on negligence – Where accident deemed equally consistent with not keeping a good look out and with the negligence of the driver – Burden of proof thereto |
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Women and Justice Administration – Woman accused of the brutal killing of another woman – How treated – Women and Access to Healthcare – Allegation of symptoms tending towards insanity – Where untreated – Implication for justice administration |
| OHAMUO V. THE STATE |
i – Access to water in rural community and implications for security of lives and justice administration – Murder of girl-child who went to fetch water by a person with disorder of thought – How treated |
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Women and Security/Murder – Murder of Newborn mother – Women and Justice Administration – Acquittal of accused murderer because of poor investigative practices |
| OJO V. OJO |
Women and Matrimonial Causes – Children and Justice Administration – Divorce on ground of desertion of and cruelty against women – what needs to be proved – Alleged domestic violence – When corroboration of events cited as supporting finding of cruelty is needed – Custody of children of the marriage – Need for same to be treated with utmost importance by judges – Need for formal enquiry into what custody options would best serve the interest of child before grant of the order |
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Women and justice administration – Eye witness evidence of wife of person accused for murder – How treated by court |
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Women and Real Estate/Land – Defence of title to land – Women and Justice Administration – Validity of gift of land made to female foster children |
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| COURT OF APPEAL OF NIGERIA | |
| ORISAKWE V STATE |
Young people and Justice Administration – Criminal proceedings – Murder – Where accused alleged to be a 14 year old school boy – How proved – Registry of birth and death – Physical examination to determine chronological age – X-ray – How treated – Implications for justice administration |
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Women and Divorce – Women and Customary Law – Women and Education – Women and Justice Administration – Husband’s petition for divorce on ground of subsisting customary law marriage between wife and a third party – Whether receipt of dowry from suitor by father of an educated young woman without her consent constitutes a marriage without more – How treated |
| OSOALA V. KALLA |
Women and Real Estate/Land – Legal defense of land against trespassers seeking to build upon land forcefully – Women and Justice Administration – Claim for declaration of title to land – Where evidence tendered shows that title to land is voidable at the instance of third parties – Effect |
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OTTER v. CHURCH, ADAMS, TATHAM & CO.
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Young persons and Inheritance – Real estate bequests received by way of will – How secured – Women and Justice Administration – Negligent provision of service by solicitor leading to dissipation of asset of estate administered by woman – Extent of damages recoverable against solicitor – Relevant considerations It is perfectly true that if Michael had continued to live damages would have been nominal. Are they, however, to be limited to the damages which he could have recovered in his own lifetime, as Mr. Bell submitted? Not in my judgment. It is contrary to common sense to suppose that damages in a case such as this must only be nominal merely because, had the mistake been discovered in the lifetime of the deceased, it could have been rectified. The true method of approaching the problem, in my judgment, is this: if the mistake was discovered in Michael’s lifetime it was his duty, of course, to mitigate damages, and, indeed, reduce them to a nominal sum by executing a disentailing deed if he so desired; but it may well be that the mistake is not discovered until after his death. If the mistake is not discovered till after his death, Michael has been deprived of the opportunity of increasing his estate by executing a disentailing assurance relating to the settled property, and, therefore, upon his death, his estate may be diminished by that amount. |
| Women and Real Estate/Land – Declaration of title to land – Women and Justice Administration – Likelihood of bias – Meaning and legal effect | |
| OVIASU V. OVIASU |
Women and Justice Administration – Petition for Dissolution of marriage on grounds of adultery, cruelty and desertion – Close door hearing of divorce proceedings in Judge’s Chamber at the instance of the Court – Miscarriage of justice leading to award of children to husband and poor consideration of case of wife – How treated on appeal |
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Women and Land/Real Estate – Defence of interest in Land/Real estate – Women and Justice Administration – Proceedings before Registrars of Title |
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Women and Divorce/Justice Administration – Interim custody of children of marriage pending final determination of divorce proceedings – Relevant considerations |
| OYIDIOBU V. OKECHUKWU |
Women/Widows and Real Estate/Land – Women and Justice Administration – Protection of access way to property – Claim of woman and her husband (who died during pendency of suit) for damages caused by attempt to obstruct access way to their property – How treated |
| Women in Politics – Access to political leadership responsibilities – Conduct of Party primaries – Defence of electoral mandate – Relevant considerations | |
| PROFESSOR DORA AKUNYILI & ANOR V. DR. CHRIS NWABUEZE NGIGE & ANOR |
Women in politics – Challenging an adverse election outcome – Relevant considerations |
| Women in Politics – General election into legislative offices – Legal challenges arising therefrom – Relevant considerations | |
| SERAH EKUNDAYO EZEKIEL V. ATTORNEY GENERAL OF THE FEDERATION |
Women and Justice Administration – Trafficking in young girls – Women in crime – Woman convicted of trafficking other young persons for illicit and criminal purposes – Attitude of court thereto – How treated |
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Women and Healthcare – Women and Justice Administration – Abortion – Abortion procured by husband of deceased woman to terminate pregnancy arising from her adultery – Unlawful and felonious killing arising therefrom – Relevant considerations |
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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 |
| UBANI V. THE STATE |
Widows – Women and Justice Administration – Women and Security of Lives, Family lives and Communities – Wife and daughter who witnessed the brutal assault and kidnap of husband/father from which he was never seen again alive – Critical role as eye-witnesses – Implication for justice administration |
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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 |
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Women/Children and Justice Administration – Matricide (Mother-Killing) – Murder trial attracting death penalty – Assignment of the responsibility of such defence of a son accused of the heinous crime of murdering mother to a fresh (NYSC) lawyer and to a reluctant private practitioner – Failure to provide effective defence – Attitude of court thereto – How conviction by trial court treated on appeal |
| UGWU V QUEEN |
Widow – Women and Murder – Women and justice administration – Murder of husband by 3rd party– Role of woman in securing investigation of husband death and as prosecution witness – How treated |
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Young Persons and access to critical healthcare – Attack of insanity/mental blackout on 18 year old – Recourse to herbalist – Implication for security of lives, justice administration and family wellbeing – Young women and security of lives/limbs – Young woman grievously assaulted by mentally ill brother – How treated |
| Women and Justice administration – Woman killed by brother over a loan repayment dispute– How treated | |
| USAN V. THE STATE |
Women and Justice Administration – Wife-killing – Wife murdered by husband for failing to satisfy his sexual desires – Jurisdictional issues and criminal trial |
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UNION BANK OF NIGERIA LTD. V. EDIONSERI
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Women in Business and Justice Administration – Woman whose account was wrongly debited by bank officer – Action to recover sum and for damages – Whether can be delayed by bank’s application to institute third proceedings against its culpable officer for indemnity – How treated |
| 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 |
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WEY V. WEY
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Women and Justice Administration – Matrimonial Causes – Monetary payments to wife by husband pending determination of legal proceedings – Lump sum and alimony – How treated |
| WHITE v. EDMOND |
Widows and Inheritance – Child-bearing age – When a woman is deemed to be past child-bearing age for the purpose of administration of estate as outlined under a will – How treated |
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WILLIAMS AND GLYN’S BANK LTD V BOLAND AND ANOTHER (HL)
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Women and real Estate – Women and Justice Administration – 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 has an ‘overriding interest’ |
| WIMPEY V RAMSAY |
Women/Children and Justice Administration – Fatal accident – Action brought by widow and children of deceased worker who met with a fatal accident inside a stampede while attempting to board an omnibus alongside co-workers in company premises – Safe system of working – Whether extends to after work transportation arrangements – How treated |
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Women and Healthcare: – Motherhood and mental illness – Schizophrenic illness – Medical report that childbearing is known to be one of the precipitants of relapse – Medical report that woman’s breakdown was precipitated by her abortion/miscarriage – Implications for marriage, motherhood, health and justice administration – How treated by court |
| WYNDHAM V JACKSON |
Women in Business – Recovery of money due on a contract – Women and Justice Administration – Technical justice – Duty of court to do substantial justice – Implication for businesses |
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