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A CRITICAL APPRISAL OF LEGITIMACY AND LEGITIMATION UNDER NIGERIAN FAMILY LAW
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ABSRACT - [ Total Page(s): 1 ]This long essay is concerned with the concept of legitimacy, which is an important concept, as it determines the status of a child in relation to the society, while a legitimate child is conferred with the rights and duties of a legitimate child, which includes right to maintenance, succession among other rights, an illegitimate child is denied of these right by virtue of the fact of his illegitimate birth and he remain so, until and unless he is legitimated either by the subsequent marriage of the parents, or by acknowledgement of paternity by the father, the absence of which the child will b
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TABLE OF CONTENTS - [ Total Page(s): 5 ]TABLE OF CASESNIGERIAAbisogun v.Abisogun(1963)1 ALL NLR 237 Akerele v.Balogun(1994)LLR 99 at 101Alake v.Pratt (1955)15 WACA 20Amachire v.Goodhead (1923)4 NLRCole v.Akinyele(1960)5 FSCEgwunmoke v.Egwunwoke NMLR147Ezekiel v.Alabi(1942)2 ALL NLR 43Lawal v.Younam(1961)WNLR 197Mariyama v.Sadiku ejo (1961) NRNLR 81Olarewaju v.Governor of oyo state NSCC Pt.111 389 at 400Onwudinjo v.Onwudinjo(1957)11 ERNLR 1Owuna v.Ogbodo suit no MD/51A/1975 unreported high Court Markurdi,October 26 1976Philip v.Philip (1946)18NLR 102Re sarah Adadevoh(1951)13 WACA 304Shasie and others.Salako and others(1976)NMLR 160Yo ... Continue Reading
TABLE OF STATUTES - [ Total Page(s): 1 ]TABLE OF STATUTESNIGERIA• CAP 111, the revised edition Laws of Lagos state of Nigeria, Edict 1998• Constitution of the Federal Republic Of Nigeria 1999 • Evidence Act CAP 62 Laws of the Federal Republic Of Nigeria 1959 • Federal Republic Of Nigeria Official Gazzette Act No 20,2003,Volume 90• High Court of Lagos act • Matrimonial Causes act 1970 • Legitimacy Act 1929 CAP 519 Laws Of the Federation Of Nigeria 1990• Legitimacy Ordinance No 27 of 1929 UNITED KINGDOM• Custody of childre ... Continue Reading
LIST OF ABRIVATIONS - [ Total Page(s): 1 ]LIST OF ABRIVATIONS ALL ER All England Law ReportALL NLR All Nigerian Law ReportCH.D Chancery DivisionENLR Eastern Nigerian Law ReportERNLR Eastern Nigerian Law ReportFSC Federal Supreme CourtL F N Laws of the federationLLR Lagos Law ReportLR Law ReportM&W Meeson &WelsbyNLR Nigerian Law ReportNMLR Nigerian Law ReportNRNLR Northern Region of Nigerian Law ReportNSCC Nigerian Surpreme Court CasesP Probate DivisionREN Reener’s ReportWACA West Africa Law ReportWNLR Western Nigerian Law ... Continue Reading
CHAPTER ONE - [ Total Page(s): 5 ]Cheshire and North in their book29 sees legitimacy as the status acquired by a person who is born in lawful wedlock. Black Law dictionary30 defines it as a lawful birth; the condition of being born in wedlock; the opposite of illegitimacy or bastardy. Osborne concise law dictionary31 defines it as the condition or being born in lawful wedlock.• IllegitimacyIt is a condition that exists before the law or the social status of a child born out of wedlock. It can also be said to be the condition of one whose parents were not married at the time of his or her birth. Black law dictionary ... Continue Reading
CHAPTER TWO - [ Total Page(s): 5 ]A similar provision in Nigerian law, is submitted will go a long way to alleviate the hardships of a void marriage. A void marriage is one that is considered never to have taken place, no matter the procedure that have been taken by the people concerned, they are just not married because they have not complied with the rules of the place of the celebration of marriage.The Matrimonial Causes Act 1970 states that a marriage is void if the partners are related in a forbidden degree for example, a marriage between brother and sister would be void, it does not matter if the partners did not know th ... Continue Reading
CHAPTER THREE - [ Total Page(s): 6 ]CHAPTER 3LEGITIMATION3.0.0 INTRODUCTIONLegitimation is the process by which a child who has not been born legitimate acquires a legitimate status, the process of legitimation may be achieved by the subsequent marriage of the parents of the child, or acknowledgement by its natural father, that is the recognition of paternity by its natural father. The term ‘legitimation’ presupposed that the child was not legitimate at birth; it is therefore the process whereby such a child can acquire the status of a legitimate person. In Nigeria the process is either by the subsequent marriage of ... Continue Reading
CHAPTER FOUR - [ Total Page(s): 5 ]Under the children and young person Act if owing to the neglect of a parent to exercise proper care, an infant under the age of seventeen is committed to an approved institution or to the care of an individual, the parents may be ordered to contribute towards the maintenance of the infant, the maximum maintenance which can be ordered to be paid may, on the application of either parent may be increased, reduced or rescinded.Under section 70 (1) of the Matrimonial Causes Act 1970, a court may order a parent to maintain the Children of the marriage, including legitimate and illegitimate children, ... Continue Reading
CHAPTER FIVE - [ Total Page(s): 1 ]CHAPTER 5GENERAL CONCLUSION5.1.0: CONCLUSIONThe concept of legitimacy, illegitimacy, and legitimation which are the primary concern of this work, has been fully discussed, the importance of a legitimate status can be clearly seen in the area of succession, and it is also evident from the social stigma melted on the illegitimate child by both the society and religious bodies and institutions. Having discussed the concept of legitimacy itself which refers to the status of a child born in lawful wedlock, that is ,during the subsistence of a valid marriage, the opposite being illegitimate, with th ... Continue Reading
REFRENCES - [ Total Page(s): 1 ]BIBLIOGRAPHY ARTICLES IN JOURNALSAlhaji Aliu Alarape Salmon (SAN) Legitimacy and Illegitimacy; Nigerian experience,third edition; The jurist journal of the law student society Unilorin 1996/1997Professor Sagay legitimacy and the right of inheritance in Nigerian Comtempoary Law, Published in the journal of the private and property law department, Unilag April 1992/1993Davis K illegitimacy and social structure American Journal of sociology 1939,45Reports of the constitution drafting commission volume 1 pxv 111,vol 11p- 175,federal ministry of information, printing division Lagos 1976Federal repu ... Continue Reading
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ABSRACT - [ Total Page(s): 1 ]This long essay is concerned with the concept of legitimacy, which is an important concept, as it determines the status of a child in relation to the society, while a legitimate child is conferred with the rights and duties of a legitimate child, which includes right to maintenance, succession among other rights, an illegitimate child is denied of these right by virtue of the fact of his illegitimate birth and he remain so, until and unless he is legitimated either by the subsequent marriage of the parents, or by acknowledgement of paternity by the father, the absence of which the child will b
... Continue Reading
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