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

Customary Land & Properties Law     Chieftaincy Matters      Customary Inheritance & Family Law Issues

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

A.G., EKITI STATE V.  DARAMOLA

 

A. G., KWARA STATE V. OLAWALE

CHIEFTAINCY MATTERS:- Chieftaincy as a traditional institution - Need to maintain its value.

 

A.H. KUTI V. MR. A.O. ONAYADE

 

NATIVE LAW AND CUSTOM:- Family land - Grant of - Rights of allottee - Limited only to user

NATIVE LAW AND CUSTOM:- Family land - Sale by allottee without con­sent of grantors - Ground for forfeiture of grant thereof

ABANG V. EFFIOM AND OTHERS

CUSTOMARY GRANT:- Claim for damages for trespass and injunction - 250 acres of land granted under Native Law and Custom of Izundu – How treated

ABDUN KAKA V. MALAMI NAGWANJA

 

ABIBATU FOLAMI & ORS V. FLORA COLE & ORS

CUSTOMARY LAW:– Head of family under Yoruba customary law – Determination of  -Family made of female heirs alone – Eldest child - Whether becomes head of family automatically without election – Powers of Head of family over land - Whether head of family can alienate title in family land without concurrence of other family members

ABIOYE V. YAKUBU

CUSTOMARY LAW:- Customary land tenure - Incidence of - Effect of Land Use Act thereon - Whether extinguished thereby.

CUSTOMARY LAW:- Customary tenancy - Forfeiture by customary landlord - Need to specifically apply to court therefor.

CUSTOMARY LAW:- Customary tenancy -. Incidence of - Nature and scope of interest of customary tenant

ABISOGUN V. ABISOGUN AND OTHERS

CUSTOMARY LAW:- Native Law and Custom – Proof of Marriage —Yoruba native law and custom - Acknowledgement of child born out of wedlock by father married under Marriage Ordinance – Whether competent in case of children born before the wedlock but not children born after the wedlock 

ABODERIN V. MORAKINYO

 

ABOYADE COLE V. S. R. FOLAMI

CUSTOMARY LAW - Sale of land - Mere receipt - Effect.

ABRAHAM V. OLORUNFUNMI(CA

CUSTOMARY LAW:- Yoruba Customary Law - Partition of family prop­erty thereunder - What plaintiff must prove.

ADEBANJO AND OTHERS V. OLOWOSOGA AND OTHERS 1

CUSTOMARY LAW:- Family land - Partition - Grant to individual family members - Joint ownership.

 

ADEBOLA OREDOYIN V. AKALA  AROWOLO

 

ADEDEJI V. OLOSO

CUSTOMARY LAW:- Customary tenancy - Nature of

CUSTOMARY LAW:- Customary tenancy - Nature of - Forfeiture - Order of - Grant of- Relevant consideration - Nature of misbehaviour sufficient to ground claim

CUSTOMARY LAW:- Sale of land - Sale of land tinder customary law - Requirements of

ADEDIJI AND ANOTHER V. AKINTARO AND ORS

CHIEFTAINCY MATTERS:- Declaratory orders to challenge selection of a can­didate in a ruling house - Persons challenging the selection from a different ruling house - Whether proper.

ADEGBITE, THE OWA-ALE OF IKARE V. ALASAN BABATUNDE,THE OLUKARE ODO

CUSTOMARY LAW:- Claim to chieftainship – Challenge - Chief not entitled to wear crown - Validity of appointment by Governor to do so – How proved

ADEGBOYEGA V. IGBINOSUN

BENIN CUSTOMARY LAW:- Grants of land by Oba – How proved – Whether must be proved in evidence - Trial Judge – Whether wrong to take judicial notice of Benin Custom – Duty of court to determine party with valid grant from Oba

ADELAJA V. SALO

CUSTOMARY LAW - Applicability - Extent thereof.

ADENIGBA AFOLAYAN  V. JOSHUA OGUNRINDE

CUSTOMS AND CONSTITUTIONAL LAW:- Locus standi - Right of party to sue - s. 236 of the 1979 Constitution - Rights acquired under Customary Law - Whether enforceable under the constitution as legal rights –

CHIEFTAINCY MATTER:- Institution of actions - Locus standi

ADENIJI  V. OLUWOLE

CUSTOMARY LAW:– Customary land law – customary tenancy - Recovery of possession of land thereunder – Whether the statutory notice to quit applicable in residential premises would be required

ADENIYI V. LAWANI

CUSTOMARY TENANCY – DENIAL OF:- Absolute grant – Where alleged – How proved – Whether long possession sufficient to found laches and acquiescence  - Assignment of portions of grant land to others by tenants – Legal effect – Whether landlord entitled to forfeiture for such acts

ADESANOYE  V. ADEWOLE

CUSTOMARY LAW: - Customary Chieftaincy stools – Selection and installation of a new Chief – Applicable rules and principles

ADESANYA V.  OTUEWU

CUSTOMARY LAW:- Role of head of family - Difference between appointed and acting head of family

ADESINA  V. ADEKEYE

CUSTOMARY LAW - CHIEFTAINCY MATTERS – Section 15(i)(f) (ii) of Chiefs Law of Oyo State – Where there is a lacuna in the chieftaincy declaration pertaining to number of candidates to be nominated for presentation to the kingmakers – Whether applicable.

CUSTOMARY LAW - CHIEFTAINCY MATTERS – Oral and documentary evidence – Whether trial Judge was right to receive and rely on same to ascertain the appropriate customary law for nomination of a chieftaincy candidate

ADESUBOKAN V. YUNUSA

 

ADETORO V. ADEGBITE

CUSTOMARY LAND TITLE:- Declaration of title under customary law — Injunction — Allotment and absolute grant distinguished

ADEWOYIN V. ADEYEYE

NATIVE LAW AND CUSTOM:- Family land -  Sharing of Ishakole—Oni of Ife’s power to grant land - Extent of power – Applicability of rules of Natural justice — Family land allotted to branch - Right of branch to sue.

ADEWUNMI AND OTHERS V. OSIBANJO AND OTHERS

CUSTOMARY LAW:- Letters of Administration - Which of the family members is customarily entitled to administer the estate of the deceased

ADEYEMI V. BAMIDELE

CUSTOMARY LAW: - Status of wife under Yoruba customary law – Need for same to be proved in judicial proceedings - Legitimacy of children born out of wedlock under Yoruba customary law – How proved – Relevant considerations - Customary law, except where it has assumed the character of judicial notice – Necessity for it to be proved as a matter of fact and evidence called – Implications for Fatal accident proceedings

CUSTOMARY LAW:- Yoruba Customary Law – Legitimacy of children by parents – How proved

ADIGUN V. A-G. OF OYO STATE AND OTHERS

CUSTOMARY LAW:- Declaration of customary law - Function of chieftaincy committee in relation to selection and appointment of chiefs - Proof of customary law - Question of fact where no registered declaration exists - Cogent evidence required - Chieftaincy matters - Effect of declaration by Governor instead of Governor- in-council - Validity - Function of court in relation to declaration of customary law - Function of chieftaincy committee - Compliance with requirement of fair hearing - Whether need to show injury or prejudice exists

ADISA V. LADOKUN

CUSTOMARY LAW:- Inheritance and Succession -Declaration of title - Defence raised by court of appeal not alleged by the defence

ADO IBRAHIM AND COMPANY LTD V. BENDEL CEMENT COMPANY LTD

CUSTOMARY COURT:- Western Nigeria Customary Courts Law, s.31, s.48(2)(b) – Interpretation of 

AFISI V.  LAWAL

CHIEFTAINCY MATTERS:- Declaration as to customary law of a community - Declaration that court had jurisdiction to entertain chieftaincy matter - Distinction between - Relevance of distinction

CHIEFTAINCY MATTERS:- Declaration as to customary law of a place on chieftaincy matter - Claim of - Whether can be entertained - Duty on court

A-G ANAMBRA STATE V. ROBERT C. OKAFOR

CHIEFTAINCY MATTERS:-Sections 7 and 10 of the Traditional Rulers Law of Anambra State, 1981 - Constructions of - Recognition of a traditional ruler - Exercise of- When an action can lie against the exercise - Challenging recognition under section 10 - Procedure for - illegal recognition accorded a chief - Effect of court order thereon - Sections 6(6) (b) and 236 of the 1979 Constitution - Effect of

AGA V. THE STATE

CUSTOMS AND LAW:- Proverbs and meaning – “A non-grass eating animal associating with a grass-eating one, like a goat soon learns not only to eat grass but also to eat roots of plants like goats do”- Whether provocation can arise from a literal or subjective understanding of a customary proverb as to reduce murder to man-slaughter

AGBABIAKA  V. SAIBU

CUSTOMARY LAW:- Custom - How proved - When judicial notice will be taken thereof

AGBAI V.  OKOGBUE

CUSTOMARY LAW:- Native law and custom - Test of validity - Incidents of - Enforcement of rules of customary law - Whether enforceable where custom not invalid - Refusal of judge to enforce valid custom - Effect of - Proof of custom - How established - Age group membership - How achieved

AGBAJE & ORS.  V. ADELEKAN & ORS.

CUSTOMARY COURT:- Jurisdiction of customary court – Sanctity of its order vis a vis the unlimited jurisdiction of the State High Court – Whether a subsisting and competent order of a Customary Court can be set aside by a High Court except on its appellate jurisdiction

AGBAJE V.  ADELEKAN

CUSTOMARY LAW JURISDICTION:- Administration of Estate matters - High Court When deemed to be overreaching Customary Court

AGBANA  V. OWA

CUSTOMARY LAW - CHIEFTAINCY MATTERS:- Appointment as traditional ruler - How proved

AGBETOBA V.  FAFUNWA

CUSTOMARY LAW CHIEFTAINCY:- Selection, nomination and appointment of a Chief under the Oba and Chiefs of Lagos State law No. 6 of 1981 - Validity of - Succession to vacant chieftaincy position in Lagos State - How done

CUSTOMARY LAW CHIEFTAINCY:- Onikoyi chieftaincy declaration of 2717177 unapproved by the Executive Council vis-a-vis Onikoyi Chieftaincy declaration of 20111181 approved by the Executive of Lagos State - Validity of - Effect of. The Onikoyi Chieftaincy family - Composition of - Supreme Court decision in Afolabi & Ors. v. Governor of Oyo State & Ors. (1985) 16 NSCC pt.II 1151 as to vesting or accrual of right -Applicability of to an unapproved chieftaincy declaration

AGBONIFO V. AIWEREOBA AND ANOTHER

CUSTOMARY LAND LAW:- Land tenure under Bini Customary Law - Proof of title to land

AGIDIGBI  V. AGIDIGBI

CUSTOMARY LAW:- Benin customary law on inheritance -The “Igiogbe” or last known abode of testator - Who is entitled to inheritance thereof

CUSTOMARY LAW:- Benin native law and custom on inheritance - Relationship with Wills Law of Bendel State - Section 3(I) Wills Law of Bendel State - How construed

AGOMUO V.  AGIJWA

CUSTOMARY LAW:‑ Custom ‑ Nature of‑ How proved

CUSTOMARY LAW:- Native land tenure system ‑ Trial court disbelieving custom established by evidence – Effect

AGU  V. IKEWEBE

CUSTOMARY LAW:- Customary arbitration - Conditions precedent to validity o  

CUSTOMARY LAW:- Customary arbitration - Meaning and legal basis of

CUSTOMARY LAW:- Customary arbitration - Whether part of `existing law' - Section 274(3) do 4(3), 1979 Constitution

AGUNBIADE V. SASEGBON

 

AHUCHAOGU  V. UFOMBA

CUSTOMARY LAW:- Custom - Burden of proof of - On whom lies - How discharged.

CUSTOMARYLAW:- Custom -Nature of evidence in support of - Section 1-I of the

CUSTOMARY LAW:- Custom- Proof of - Whether mere assertion of existence of custom by a party sufficient

AJAKAIYE  V. IDEHAI

CHIEFTAINCY MATTERS:- Chieftaincy Declaration - Where validly made Nature and efficacy of - Power of court in respect of - Extent and scope

CHIEFTAINCY MATTERS:– Chieftaincy Declarations on Ovie of Otuo chieftaincy in Edo State made in 1964 and 1979 - Validity of

AJEJA V. AJAYI

 

AKANBI  V. SALAWU

CUSTOMARY LAW – Conflicting versions of oral history – How resolved.

CUSTOMARY LAW – Customary tenancy agreement – Preconditions for proof of payment of tribute.

CUSTOMARY LAW – Preconditions for sustaining traditional history of land title recounted by one party.

AKANDE AND ANOTHER. V. AKANDE AND OTHERS

CUSTOMARY LAND LAW:- Yoruba Native Law and Custom - Member of family dealing with family land as agent of family head - Whether accountable to other members for proceeds.

AKAPO V. HAKEEM-HABEEB

CUSTOMARY LAW:- Family property - Head of family - Position in relation thereto - Whether exercisable by another person or persons.

AKILU  V. FAWEHINMI

 

AKINLOYE AND ANOTHER. V. EYILOLA AND OTHERS.

CUSTOMARY LAW:- Ownership of land - Prescriptive title unknown - Failure to plead histories relied upon in evidence - Such evidence not to be allowed without an amendment of pleadings – Appeal on facts - Powers of appeal court - Appeal court not to substitute its own views for views of trial court where the latter evaluated the evidence and appraised facts.

AKINNUBI  V. AKINNUBI

CUSTOMARY LAW:- Yoruba customary law of succession - Capacity of widow to sue as her children’s next friend over her deceased husband’s estate

AKINTOLA  V. OYELADE

CUSTOMARY LAW:- Customary tenancy - Respective rights of customary landlord and customary tenant therein.

CUSTOMARY LAW:- Customary tenancy - Determination of - How done.

AKINWUNMI V. OLUDIPE

 

AKINTOLA AND ANOR.  V. SOLANO

CUSTOMARY LAW – STOOL LAND:- Meaning and Nature of Stool or chieftaincy land – Grant of same to third party – Power to grant stool under customary law – How proved – Ownership of stool land - Whether does not belong to the chief beneficially in his private capacity and he cannot dispose of it without the approval of his Council - Whether the chiefs' control of such land is however greater than the ordinary communal land – Whether members of the community cannot demand allotments from chieftaincy land as of right

AKINYEDE AND OTHERS. V. OPERE AND OTHERS

CUSTOMARY LAW:- Intestacy - Yoruba custom of distribution - Idi Igi and Ori Ojori - No rule against changing system when dispute arises.

AKPAN  V. UDO UTIN

CUSTOMARY LAW:- Customary courts or tribunals - Proceedings therein - Attitude of appellate court thereto.

AKPAN  V. UMANA

CUSTOMARYLAW:- Customary arbitration -Conditions precedent for validity of.

AKPAN AWO V. COOKEY GAM

CUSTOMARY LAW:- Transfer of interest in land – When customary law as to alienation of land conflicts with equitable principles protecting person in possession of land – How treated

AKPASUBI V. UMWENI

CUSTOMARY LAW:- Customary mediation under a traditional monarch – Agreements as to land – Where repudiated subsequently through the initiation of litigation – Effect – Relevant considerations

AKPODIKE V.  NWABUEZE

CUSTOMARY LAW – CHIEFTAINCY DISPUTES:- How treated

CUSTOMARY LAW:– Customary arbitration – Where upheld by a superior native tribunal - Whether binding on a party represented by his agent at the arbitral proceedings.

AKU  V. ANEKU

CHIEFTAINCY MATTERS:- High Court - Jurisdiction of to entertain Chieftaincy disputes -Whether ousted by section 11 of the Chiefs (Appoint­ment and Deposition) Lax, Cap 20 Laws of Northern Nigeria - Effect of Section 236 of the 1979 Constitution.

ALAJEMBA UKE  V. ALBERTO IRO

CUSTOMARY LAW:– Customary law rule precluding woman from giving evidence in an action for title to land – Whether constitutional – section 41(1) 1999 Constitution considered.

ALFA MURITALA AMOO V. WAHABI ADERIBIGBE

NATIVE LAW AND CUSTOM:- Family land - Absolute transfer of - Condition precedent thereto

 

ALFRED USIOBAIFO V. CHRISTOPHER USIOBAIFO

CUSTOMARY LAW:- Sale of family property by head of family without the consent of the principal members of the family – Whether sale is void or voidable – Relevant considerations – Whether unimpeachable title can only be transferred from one community to another when head of the family does so with the consent and concurrence of the principal members of the family or community

CUSTOMARY LAW:- Customary law practice relating to inheritance - Native law and custom of Ishan – Right of first born to control property of deceased father – Whether subject to the consent of other principal members of the family – Whether female members of family in Ishan do not inherit property - Whether only the first son who can do the burial can inherit the deceased property and exercise exclusive possessory rights over same

ALHAJA SUARA YUSUF V. MRS. YETUNDE DADA & 3 ORS

CUSTOMARY LAW AND JURISPRUDENCE:– Characteristics - Native law and custom as flexible even though subject to motives of expediency and adaptable to changed circumstances – Whether precludes the ascertainment of the applicable general principles of customary law and their application under normal or ordinary circumstances.

CUSTOMARY LAW – YORUBA:- Family estate - Whether there is no automatism in the Customary law of the Yoruba as to succession by the eldest child either to the position of the headship of the family or family title as to land - Whether established Yoruba customary law practice that on the death of the founder of a family the proper person to be head of the family is the "Dawodu" or eldest surviving son

CUSTOMARY LAW – FAMILY SUCCESSION UNDER YORUBA:- Succession to the headship of the family on the death intestate of the founder of the family – Whether one of res integra or one already settled by decided cases the earliest of which being Lewis v. Bankole

ALHAJI I.A ONIBUDO & ORS V. ALHAJI A.W AKIBU & ORS

 

ALHAJI AILERU JUBRIL V. ALHAJI ABDULLAHI ATANDA KOLAWOLE & ANOR

CHIEFTANCY MATTERS - APPOINTMENT/DEPOSITION OF A CHIEF: Who is a Chief – How defined – Condition precedent to a valid and sustainable suit challenging the validity of an appointment or deposition of a chief

ALHAJI BURAIMO OLAGBAJU & ANOR. V. FATAI ABASS

CUSTOMARY LAW – PROOF OF AND APPLICATION:- How issues are resolved under customary law

ALHAJI ISAH T. SOKWO V. JOSEPH DAKU KPONGBO & ORS

CUSTOMARY LAW - BURDEN OF PROOF: How customary law is proved and on who lies the onus to prove

ALHAJI LATIFU AJUWON & ORS. V. MADAM ALIMOTU ADEOTI & ORS.

CUSTOMARY LAW:- Treatment of appeal from customary court - Ascertainment of the capacity in which a party initiates or defends an action in the customary court- Need to consider the whole with greater latitude and broad interpretation being placed on the proceedings and the judgment in that court

CUSTOMARY LAW:- Conduct of proceedings – How to determine whether case was prosecuted or defended in a representative capacity – Whether filing of pleadings and the applicability of the Evidence Act are not part of the customary court system, even where such a court is presided over by a legal practitioner

ALHAJI SAIBU YEKINI OTUN

CUSTOMARY LAW:- Yoruba Native Law and custom of succession to headship of a family - Proper person to succeed thereto.

 

ALHAJI TAJUDEEN BABATUNDE HAMZAT & ANOR V. ALHAJI SALIU IREYEMI SANNI & ORS

CUSTOMARY LAW – ISLAMIC LAW: Turbaning of a Chief Imam for generality of a Muslim community – When purported turbaning is irregular, null and void and of no effect- relevant considerations

ALLI V. IKUSEBIALA

CUSTOMARY LAW:- Yoruba - Family land - Conveyance to plaintiff by family head without family’s consent - Plaintiffs title merely voidable not void - Subsequent conveyance by family head and principal members to defendant’s predecessor-in-title without avoidance of plaintiffs conveyance - Defendant’s title void and plaintiff entitled to declaration of title.

ALOR V. NGENE

CUSTOMARY LAW – CUSTOMARY RIGHT OF OCCUPANCY:- How determined  

 

ALPHONSUS NZEOMA V. DAMIAN UGOCHA

CUSTOMARY LAW:– Customary arbitration – conditions precedence - Binding nature of.

CUSTOMARY LAW:– Customary arbitration – Where parties surrender to customary arbitration and its decision has been complied with – Whether can create a valid estoppel.



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




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