Go to AfricaBib home

Go to AfricaBib home Africana Periodical Literature Go to database home

bibliographic database
Line
Previous page New search

The free AfricaBib App for Android is available here

Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Customary law and freedom of testamentary power
Author:Sagay, I.E.ISNI
Year:1995
Periodical:Journal of African Law
Volume:39
Issue:2
Pages:173-182
Language:English
Geographic term:Nigeria
Subjects:customary law
family law
law of inheritance
Abstract:The extent to which customary law restricts the freedom of testamentary power (if at all) in Nigeria has given rise to a spate of cases right up to the Supreme Court, in which the courts have attempted to interpret and apply section 3(1) of the Wills Law (1958) of Western Nigeria, which currently applies to Lagos, Ogun, Osun, Ondo, Edo and Delta States. Two conflicting views have emerged as to the true meaning of section 3(1). According to one view, section 3(1) has effectively taken away the testamentary powers of all persons who are subject to customary law. The opposing view maintains that section 3(1) does not restrict testamentary capacity per se but merely qualifies the subject matter or property disposed of by will. The second view is not only more reasonable, but is more consistent with the principles of statutory interpretation. The article reviews a number of cases involving the interpretatiion of section 3(1). Ref.
Views