Department of Private & Property Law

Permanent URI for this community

https://ir.unilag.edu.ng/handle/123456789/3403

Browse

Browsing Department of Private & Property Law by Subject "Research Subject Categories::LAW/JURISPRUDENCE"

Now showing 1 - 4 of 4
  • Item
    Open Access
    ADEKILE, O (2008) “Family and Dependents’ Rights to Financial Provision under the Will Statutes in Nigeria” Law and Real Property Rights in Nigeria. Essays in Honour of Prof J. A. Omotola I. O. Smith Edn. pp. 255- 276.
    (Department of Private and Property Law, Faculty of Law, University of Lagos, 2008) Adekile, O.
    The paper interrogates the provisions of the wills statutes that provide family members of a testator with the right to apply for reasonable financial provisions: it compares these Nigerian statutes with similar legislation in England. It underscores the rationale of family provision legislation: to correct inequities and exclusions in property rights; to fill the gap in the created by the absence of a matrimonial property system, the need to reduce the burden on tax payers, absence of social security, co- ownership theory, the need for spousal entitlement that was wider than maintenance and dependency. It examined the powers of the courts under the wills statutes in Nigeria and concludes that whilst the provisions perform an altruistic role, the powers of the courts should be properly articulated to avoid judicial will making and legislation.
  • Item
    Open Access
    Adekile, O., (2020) “Palm Tree Justice in Joint Ownership of Assets on Divorce at Customary Law: Assessing the Case of Toyin Arajulu v James Monday”
    (Faculty of Law, Lagos State University, Ojo, Lagos State, 2020) Adekile, O.M
    The rights of women to property on divorce remains a vexed question in Nigeria. The sub set of this is whether a woman married under Yoruba customary law can enjoy any property rights in property vested exclusively in the husband after their divorce? What would be the basis of such interests? And how would the interests of children affect those of the parents in such circumstances? Against the backdrop of a dual legal system in Nigeria, one challenge of courts is how to bring concord between customary law principles and English law principles; these at times are diametrically opposed. In Toyin Arajulu v James Monday the judge used ‘palm tree justice’ in order to achieve a fair outcome where the wife claimed beneficial interests in property vested exclusively in the husband at the time they divorced. By examining above decision and reviewing the extant legal background, the goal of this paper is to determine whether under customary law it can be said that there is an emerging precedent for equal rights of spouses to property on divorce. Consequently, the paper examines the rights of divorced spouses to property vested on one of them at the time of divorce within the ‘palm tree justice’ stated. It finds that the justice of the case is not actually tilted in favour of women; rather there are core limitations to its much acclaimed justice for women. The ‘palm tree justice’ in the case gives a watery precedent that may not stand on appeal. The paper concludes that while the desire of the court is commendable, the acclaimed gender rights validation of the case is questionable in the light of the theoretical deficiency. It underscores the need for reassessment of our customary laws towards a more robust protection of property rights in marriage and divorce.
  • Item
    Open Access
    Human Rights Dimensions of Family Dispute Resolution
    (Tog Publishers, Laos, Lagos State, 2017) ADEKILE, OLUWAKEMI
    Realizing that human rights norms are critical to family law discourse in contemporary times, this paper identifies the core theme of the human rights standards applicable to marital Disputes. With a focus on divorce, maintenance, settlement and division of property, it finds that human rights standards demand for equal rights of access to justice in seeking divorce, child care, custody of children and marital property both during the marriage and at its dissolution. Equality between spouses and nondiscrimination are therefore the hallmarks of the fulfillment of human rights standards as found in national, regional and global instruments. It argues that State responsibility demands mainstreaming gender in all laws, policies, actions and litigation. It concludes that while there are provisions for formal equality and sporadic recognition of this in some cases, there is need to focus on substantive equality or transformative justice in order to fulfill the agenda for human rights protection.
  • Item
    Open Access
    The Mortgage & Property Law 2010 of Lagos State: An Overview
    (Department of Private & Property Law, Faculty of Law, University of Lagos, 2015) ADEKILE, OLUWAKEMI
    This is an evaluation of the Lagos State Mortgage and Property law 2010 as it impacts the administration of mortgage transactions in the State. In enacting the law, Lagos State has the objective of encouraging the growth of mortgages in real property and for the acquisition of consumer loans for acquisition of properties and realization of securities. Until its enactment mortgage transactions in Lagos State was governed by a myriad of laws without any centralized regulatory body. Mortgage finance, administration and securitization were subsumed within the general land tenure and land use legislation, devoid of institutional and formalized mortgage scheme to enable financing of real property mortgage. It finds that the Mortgage Board established by the law gives a fresh impetus for mortgage financing coupled with an arbitration option. The paper concludes that the Mortgage and Property Law is significant for socio-economic impact being a catalyst for home ownership schemes. It posited that the ability of the law to achieve its goal is critically hinged on the sincerity of its implementation.