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A Critical Apprisal Of Legitimacy And Legitimation Under Nigerian Family Law
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BIBLIOGRAPHY ARTICLES IN JOURNALS
Alhaji Aliu Alarape Salmon (SAN) Legitimacy and Illegitimacy; Nigerian experience,third edition; The jurist journal of the law student society Unilorin 1996/1997
Professor Sagay legitimacy and the right of inheritance in Nigerian Comtempoary Law, Published in the journal of the private and property law department, Unilag April 1992/1993
Davis K illegitimacy and social structure American Journal of sociology 1939,45
Reports of the constitution drafting commission volume 1 pxv 111,vol 11p- 175,federal ministry of information, printing division Lagos 1976
Federal republic of Nigeria, official gazette act no 26, 2003, volume 90 of the new enacted child’s right act.
BOOKS
Nwogugu E I ‘Family Law in Nigeria’ Heinemann education books, Nigeria limited plc,(revised edition) 1974
Cretney S.M ‘Principle of family law’ fourth edition, Sweet and Maxwell
Coker G B A ‘Family property among the Yorubas’ Secound edition, sweet and Maxwell London 1966
Obi SNC ‘Modern family law in southern Nigeria’ Univercity press, Lagos 1966
Abd’al ati ‘Family structure in Islam’ Islamic publication Bereau Lagos 1982
Curzon L B ‘Brief case on family law’ London 1997 Cavendish Publication Limited
Kasumu A B ‘Nigerian family law’ Butterworth London 1996
Ambali M A ‘The Practise of Muslim family law in Nigeria’ 1998 Hamaza publishing company limited
Bromley ‘Family law’ sixth edition, London Butterworth publication 1981
Osborne concise law dictionary eight edition Sweet and Maxwell (1993)
Black law Dictionary, sixth edition st Paul minn.West publishing company(1990)
North P M ,Fawcett J J ‘Private international law’ twelfth edition, Butterworths London Dublin, Ebinburgh 1992
David P and Werner M ‘ Muslim family law’ (1998)sweet and maxwell limited
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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 ... Continue reading---
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 ... 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 ... 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 Divi ... 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 c ... 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 m ... 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 acqui ... 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 orde ... 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 we ... 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 ... Continue reading---
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