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NIGERIAN FAMILY LAW CASES: [POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR]

Adoption - Child Support & Custody - Divorce & Alimony - Domestic Violence -  Elder Law - Juvenile Law - Paternity - Pre-nuptial Agreement - Children & Women


Comprehensive A-Z PDF Copy of the  Index below complete with "Citations" and "Main Issues" either singly or as a compendium of other CATEGORIES  - are available for a fee. Just fil this FORM HERE or email lawnigeria@gmail.com & treentrees@gmail.com or
info@lawnigeria.com


TITLE

MAIN ISSUES

ABAJINGIN V. ABAJINGIN (HC)

FAMILY LAW AND PROCEDURE:- Matrimonial causes – Divorce/Dissolution of marriage—Allegation of adultery and cruelty - Charges where not substantiated by evidence - Petitioner and respondent agreeing on marriage irretrievably breaking down-Custody of children in dispute-Respondent taking good care of all the children-Youngest child sickly-Consideration for giving mother custody.

ABDULHAMID V. AKAR

CHILDREN AND WOMEN LAW:- Security of family life - Children/Women as indirect victims of debt collection methods involving military personnel who harass, assault, intimidate and detain members of the family of a debtor or take away their properties or basic necessities without any court order – Proper way of addressing same – attitude of courts thereto

ABISOGUN V. ABISOGUN AND OTHERS

FAMILY LAW – MATRIMONIAL CAUSES: - Validity of Marriage under the Marriage Ordinance – Voidance of marriage under the Marriage Ordinance due to prior existing customary law marriage – How existence of customary law marriage may be proved – When deemed not proved - Relevant considerations

FAMILY LAW - LEGITIMACY: - Legitimacy of children born of out wedlock – Legitimacy and legitimation – Effect of subsistence of a valid marriage under the Marriage Ordinance on legitimacy of children – Acts considered as legitimation - Relevant considerations

ADAMS V. ADAMS

FAMILY LAW –MATRIMONIAL CAUSES:- Custody of infant child – Application by wife who deserted matrimonial home and moved in with a lover with whom she carried on adulterous affair – How treated

FAMILY LAW –MATRIMONIAL CAUSES:- Custody proceedings – What applicant must prove to succeed - Good mother – Meaning and implications – Employment, visible source of income, suitable accommodation, immigration status, health and other relevant considerations on which court decides – When court may award custody to husband – How treated

ADARAMAJA V. ADARAMAJA

FAMILY LAW - MATRIMONIAL CAUSES - Adultery - Exercise of discretion - Principles governing.

FAMILY LAW - MATRIMONIAL CAUSES -Divorce -Case not proved - Exercise of discre­tion in respect of adultery - Whether exercisable.

FAMILY LAW - MATRIMONIAL CAUSES - Divorce - Cruelty - What constitutes.

FAMILY LAW - MATRIMONIAL CAUSES - Divorce - Discretion statement filed but case not proved - Petition granted on appeal - Exercise of discretion by appel­late court.

ADEBAYO ATILADE V. LUCETTA ATILADE

FAMILY LAW:- Divorce - Husband and Wife - Desertion - Petition undefended – Need for Judge to consider if evidence before him is enough to sustain case – Whether helpful to petitioner if terms on which parties separated proffered to tribunal.

ADEBUSUYI  V. BABATUNDE ODUYOYE

WOMEN AND CHILDREN:- Women in Politics – Participation in general elections – Intra-party hurdles – Judicial challenge of wrongful substitution of a woman validly nominated for general election for a seat in the National Assembly – How treated

 

ADEDIBU AND ANOTHER. V. OLOFA

 

ADEFARATI V. ADEFARATI(HC)

FAMILY LAW – MATRIMONIAL PROCEEDINGS: - Divorce on ground of cruelty and adultery – Proof of marriage – Necessity that Certificate of Marriage support the existence of the marriage – Whether court will not entertain a suit where the names of the parties are improperly omitted from or retained in the title - Discrepancy between the maiden name of the petitioner as given in the certificate and that given in the petition – Where evidence was not adduced to satisfactorily account – Legal effect

ADEGBOLA V FOLARANMI

FAMILY LAW:- Marriage of Christian Native outside Colony or Protectorate - Presumption of - Succession to property by issue of previous native marriage - applicability of English Law

ADEKUNLE V. AYINKE

CHILDREN AND WOMEN LAW:- Women and land ownership – Claim for title over same relying on documentary evidence and acts of ownership – Duty to prove case – Attitude of court to failure thereto

ADENIJI V. ADENIJI

FAMILY LAW:- Succession - Appointment of a Family Head - Inheritance under the Yoruba Native Law and Custom - Ojori and Idi Igi methods – How treated

 

ADEOYE V. ADEOYE

 FAMILY LAW: Husband and Wife -Divorce-Jurisdiction-Domicile- statutory exception to the ordinary rule that the court of the parties’ domicile has exclusive jurisdiction to dissolve their marriage – Need for the exception to be specifically pleaded

ADEPOJU V. ADEPOJU

FAMILY LAW – MATRIMONIAL PROCEEDINGS: - Parties to a Petition for divorce on ground of adultery – Cross-respondents accused of adultery with one of the parties to the marriage – Designations: “Persons Cited” and “Person Named” – Rules for naming, joining or claiming cost or damages against cross-respondents on ground of adultery – Relevant considerations

FAMILY LAW – MATRIMONIAL PROCEEDINGS: Divorce proceedings – Requirement to state the status of Wife before marriage – Rule 4(1) (a) of the Matrimonial Causes Rules, 1957 - Whether mandatory – Whether failure to do so is cured by the insertion of “nee (Wife’s pre-marriage surname)

ADEREMI ADEDAMOLA AJIDAHUN  V. MRS. DAPHINE OTERI AJIDAHUN

 FAMILY LAW - MATRIMONIAL CAUSES - DIVORCE:- Petition for divorce on ground marriage had broken down irretrievably section 15(e) (f) of the Matrimonial Causes Act – Requirement for at least 3 years separation - What petitioner needs to prove

FAMILY LAW – MATRIMONIAL CAUSES – DIVORCE:- Proceedings under Matrimonial Causes Rules, Order VII Rule 1 (i) (a) – (d) – Requirement that Respondent file an answer to the petition if he so wanted to, after due Service – Effect of failure thereto – Power of Court under provisions of Order XI Rule 39(1), (2) and (3) of the Matrimonial Causes Act to issue a Certificate that suit was ready for trial in the absence of an appearance and/ or an Answer by the Respondent – Whether breach of constitutional right to fair hearing

ADESANOYE  V. ADEWOLE

WOMEN AND CHILDREN:- Installation of a new Chief for a community - Chieftaincy Declaration stipulating that the persons qualified to be proposed as candidates to fill a vacancy in the Chieftaincy stools are members of the Ruling House of the male line only – How treated

ADESANOYE V. ADESANOYE

FAMILY LAW – MATRIMONIAL CAUSES:- Divorce and ancillary claims – Whether Court can grant arrears of maintenance prior to the date of the petition - Appeal against custody and maintenance decision

FAMILY LAW – MATRIMONIAL CAUSES:- Ancillary claims - Order for maintenance and custody – Treatment as interlocutory orders – Justification – Whether such orders, though on the face they appear final, are subject to subsequent revision, suspension or modification by the court which pronounces them

ADEYEMI AND OTHERS. V. BAMIDELE AND ANOTHER.

FAMILY LAW:- Legitimacy and legitimation - Children acknowledged by deceased parent under customary law - Whether illegitimate

WOMEN AND CHILDREN:- Fatal Accident - Claims by wives and children - Marriage under Native Law and Custom - Marriage to be proved as a matter of fact - Children acknowledged by deceased - Whether illegitimate - Yoruba Customary Law.

ADEYEMI V. ADEYEMI

FAMILY LAW – MATRIMONIAL PROCEEDINGS: - Divorce on ground of adultery – How proved - Burden of proof – Whether lies on the person who alleges adultery and that the same strict rule, as in criminal cases, applies, that is proof beyond reasonable doubt is required to establish adultery – Whether in order to succeed, it is not necessary to prove the direct fact and act of adultery in time and place – Whether the fact is inferred from circumstances which lead to it in most cases

FAMILY LAW – MATRIMONIAL PROCEEDINGS:- Divorce on ground of adultery - Damages against Co-respondent/third party adulterer – Whether damages in Divorce are compensatory only and are not exemplary or punitive and the attitude of the court is not to punish the adulterer but to compensate the husband – Whether evidence that the co-respondent had employed treachery or deliberation or wanton attack on family honour to seduce party to the marriage is relevant – Where marriage is found to have already broken down and there is little to compensate for – Effect on quantum - Whether court is not concerned with the means of the co-respondent in the assessment of damages

ADEYEMI V. AWOBOKUN

WOMEN AND CHILDREN:- Women and Justice administration - Matrimonial proceedings – Woman Caveatrix – Liability for Court ordered compensation and costs made against her – Effect of filing notice of discontinuance improperly – Need to respect rules and principles of judicial proceedings

ADEYEMI V. BAMIDELE

WOMEN AND CHILDREN:- Children/Women and Justice Administration – Children/Women and customary law - Tort proceedings – Competency of parties – Need to prove customary law marriage of woman claiming to be spouse of deceased person – Need to prove legitimacy of out of wedlock children – Effect on Fatal accident proceedings

ADEYINKA V. OHURUOGU

FAMILY LAW: - Matrimonial Causes - Divorce on ground of Adultery – Award of damages or cost against co-respondent who committed adultery with spouse – Guiding principles thereof

ADUKE V ABIONA

FAMILY LAW: – Family Property - Principles for a successful claim for account

ADMINISTRATOR-GENERAL V. OLUBAMIWO

 

AJAYI V. AJAYI

FAMILY LAW MATRIMONIAL CAUSES: - Petition for Divorce on Ground of adultery – Failure of Respondent to File an Answer – Whether admission of adultery – Custody of Children of the marriage – When granted to husband/petitioner -  Co-Respondent accused of Adultery with Respondent – Requirement to establish identity properly – Effect of failure thereof 

AJAYI V. PABIEKUN

FAMILY LAWl: Declaration of Title to Family land-Plaintiffs alleging that land still part of family land-Defendants alleging that there had been a partition with their own branch taking land in dispute absolutely - Burden of proving partition – On whom lies - Defendants calling no evidence - Evidence Act s.136 – Effect

AJILOWURA  V. DISU

WOMEN AND CHILDREN:- Women and Real Estate – Protection of interest in property – Relevant procedural considerations

 

AKANO V. ASUNKE

 

AKERE V. AKERE

FAMILY LAW:- Divorce - Application for leave of Court to file petition within three years of marriage - What applicant has to show to establish her right to leave sought-section 2 (1) of the matrimonial Causes Act, 1950 regarding exceptional depravity and hardship.

AKERELE V. ATUNRASE

 

AKINSETE V. AKINSETE

FAMILY LAW MATRIMONIAL PROCEEDINGS:- Petition for Divorce on Ground of Desertion - Section 15(2)(d) of the Decree - Dissolution of a marriage on the ground that it has irretrievably broken down if the respondent has deserted the petitioner for a continuous period of at least one year immediately preceding the presentation of the petition – How determined

AKINTUNDE V. OYEDOYIN AND OTHERS.

FAMILY LAW:- Defendants sued in personal capacity - Defendant admitting in pleading that he was sued in representative capacity on behalf of family - No objection taken in address of defendant’s counsel - Whether too late for defendant to raise issue of representation on appeal.

 

AKINYEMI V. AKINYEMI

FAMILY LAW - MATRIMONIAL CAUSES: - Adultery - Proof of - Standard of proof required - Confession of adultery - How regarded - Evidence of adultery - How inferred

FAMILY LAW - MATRIMONIAL CAUSES:- Confessional statement of respondent – Whether it need be direct - When made while drunk – Weight to be attached to same as admission – Circumstances when admission of adultery by respondent will amount to admission also by co-respondent – Relevant considerations

AKPAN V. THE STATE

WOMEN AND CHILDREN:-  Children and murder – Children and criminal justice – Evidence of 12 year old of being the only eye-witness to the killing of 30 year old mother by accused person – Effect of trial court acceptance of boy’s evidence of mother’s dying declaration as corroboration of his own evidence  - When may lead to cquittal of accused person

WOMEN AND CHILDREN:- Security of household and neighbourhoods – Access to emergency security and medical services – Brutal assault of mother of 12 year old boy in the night – Boy endangering life to run into the night to call grandmother who risked same to rush to the murder scene where deceased daughter lay in pool of blood – How treated 

ALLI V. ELEPO

WOMEN AND CHILDREN:- Family Status - Whether High Court has original jurisdiction in matters of status where there is competent authority to entertain such matters - High Court Law (W.N.) S.8

AMUSA V. THE STATE

WOMEN AND CHILDREN:- Women and Security of Highway – Death of woman pedestrian due to the dangerous driving of accused driver – Criminal prosecution of driver for causing death via dangerous driving - How treated – Relevant considerations

ANAGBADO V. ANAGBADO

FAMILY LAW – MATRIMONIAL CAUSES – DIVORCE:‑ Ground for dissolution of marriage ‑ Adultery, Cruelty as grounds ‑ Whether permissible or valid under section 15(1) of the Matrimonial Causes Act, 1970

FAMILY LAW – MATRIMONIAL CAUSES – DIVORCE:‑ Ground for dissolution of marriage ‑ Ground cognisable under the Matrimonial Causes Act, 1970.

FAMILY LAW - MATRIMONIAL CAUSES - DIVORCE:‑ Condonation ‑ What amounts to ‑ Section 26 Matrimonial Causes Act ‑ Effect.

FAMILY LAW - MATRIMONIAL CAUSES – DIVORCE:- Divorce ‑ Cruelty ‑ Sexual intercourse after alleged cruelty ‑ Effect on proof of cruelty.

ANEKE V. ANEKE

 

ANIMASHAWUN V. OSUMA AND OTHERS

FAMILY LAW:- Authority of family head to institute action as regards family property – Relevant considerations

ANYAEGBUNAM V. ANYAEGBUNAM

FAMILY LAW -MATRIMONIAL CAUSES:- Petition for judicial separation - Marriage under native law and custom followed by church blessing - Whether constitutes marriage under Marriage Act (Cap. 115 Laws of the Federation) - ‘Certificate of Marriage’ stating that parties lawfully married under the rites of Roman Catholic Church - Effect of - Procedure to be followed where marriage celebrated in place of worship as church - Sections 21, 24, 25 and 26 of Marriage Act - Sections 32, 82(1) & (2), 86 of Matrimonial Causes Decree 1970 (Decree No. 18 of 1970)-Section 33(2) (c) and (3) of Marriage Act-Effect of marriage without registrar’s certificate of notice or license.

ANYANWU V. THE STATE

CHILDREN AND WOMEN:- Women/Children and Murder – Indirect victims of murder – Conviction of only surviving parent of twins for murder – Mother had earlier died after giving birth to the twin babies at home instead of at a hospital or maternity – Whether allegation that deceased claimed to have ‘killed’ deceased wife/mother is acceptable provocation at law – How treated by court

APARA V. APARA

FAMILY LAW – MATRIMONIAL CAUSES: - Petition for Divorce – Party in whose favour Decree Nisi is granted – Whether automatically entitled to grant of Custody of children of the marriage - Duty of court to hear both parties fully and consider relevant factors before making a final order in the interest of society - Care of the children as paramount consideration - Matrimonial Causes Rules, 1957, rule 33A (a)

ARICHE V. STATE

Women and Murder – Women and Justice Administration – Women last seen alive with accused person – Where death of women is asserted by man as a result of a motor vehicle accident which plunged vehicle woman was travelling in with man into River – How treated

ASERE V. ASERE

MATRIMONIAL CAUSES - Presumption of marriage under the Marriage Act - Whether can be raised.


FAMILY LAW:- Validity of marriage and Paternity of Child – Two rivals who disparately cannot prove validity of marriage to a woman lay claim to paternity of her child – Paramount of interest – Whether it is in the best interest of the child to merely grant custody to mother without determining who the father is

FAMILY LAW:- Dispute over paternity of Child and equitable principles - Where there are equal equities the first in time prevails,” – Effect where two rivals lays claim to child of woman they had lived with as ‘wife’ under invalid customary law marriages

ATANSUYI V. GBADAMOSI

FAMILY LAW:- Husband and wife — Claim for damages for adultery and seduction of spouse - Standard of proof - Whether adultery in Divorce Law the same as adultery in Law of Tort

ATLI V. ATLI

FAMILY LAW – MATRIMONIAL CAUSES:- Dissolution of marriage - Petitioner filing petition without certificate of marriage - Petition struck out for failure to comply with rules Desertion of respondent according to the Matrimonial Causes Decree 1970, s. 152 (d) - Cross-petition by respondent citing two women - Claim for damages against one woman and not against the other - Claim for secured provisions by respondent - Financial position of petitioner to be considered - Future prospects of respondent-wife.

AWOBOKUN V. ADEYEMI

FAMILY LAW – MATRIMONIAL PROCEEDINGS:- Filing of caveat against notice of marriage on the ground that a party to proposed marriage was married in accordance with the Customary Law and the caveatrix was expecting a baby by him and under section 47 of the Marriage Act it would be illegal for him to get married to another party under the Marriage Act – How withdrawn – Whether withdrawal renders caveatrix liable to costs

FAMILY LAW - MATRIMONIAL PROCEEDINGS:- Caveatrix proceedings - Hearing and determination as envisaged by section 15 of the Marriage Act – Whether Act made no provisions as to how a caveat can be abandoned once it has been entered – Justification – Whether once a caveat is entered the purpose is that it must be pursued so as to ensure that the parties to the proposed marriage may be free once and for all to celebrate the marriage or be forbidden to marry – Whether Order 28 of the Rules of the High Court has any application – When cost would not be awarded against a caveatrix for entering caveat and withdrawing

B V. B (INJUNCTION  RESTRAINT ON LEAVING JURISDICTION

FAMILY LAW:- Post-judgment injunction restraining defendant from leaving jurisdiction - Consent order disposing of action brought by husband and providing for husband to pay wife's costs - Husband failing to pay wife's costs - Husband foreign national on visit to England - Whether court having power to restrain husband from leaving jurisdiction until he paid wife's costs - Supreme Court Act 1981, s 37(1).

B.A. LAWAL AND ORS V MESSRS. A. YOUNAN SONS

FAMILY LAW: Children born out of wedlock - Marriage ordinance - Legitimacy - Acknowledgement - Effect of - Customary law marriage

BABA  V. BABA

FAMILY LAW:- Succession - Determination of under Sharia Law.

 

BAKARI V. REGINA

FAMILY LAW: - Separation of married couple under customary law – Failure to pay back dowry to husband – Whether entitles husband to enforced return of wife

BALOGUN V. NATIONAL BANK OF NIGERIA LTD

FAMILY LAW:- Action for breach of promise to marry – Whether plaintiff needs to prove actual damage

BELL-GAM V. BELL-GAM

FAMILY LAW – MATRIMONIAL CAUSES: - Divorce – Petition for dissolution of marriage on the ground of desertion and of the husband’s adultery with a woman named – Claim for custody of children of the marriage for the maintenance of each child until the age of sixteen – Need for court to give fair hearing to both parties – When a trial is deemed not merely irregular but a nullity necessitating a mistrial


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Contact Editors - Sam Eleanya, Agboola Lola, Ugochi Eleanya - through lawnigeria@gmail.com