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NATIONAL OPEN UNIVERSITY OF NIGERIA
UNIVERSITY VILLAGE, PLOT 91, CASDASTRAL ZONE, NNAMDI AZIKIWE EXPRESS WAY, JABI, ABUJA.
FACULTY OF LAW
JANUARY/FEBRUARY 2013 EXAMINATION
LAW 343 – FAMILY LAW I
INSTRUCTION: Answer five questions in all TIME:3 Hours
- ‘ Marriage is the voluntary union for life of one man and one woman to the exclusion of all others’ Discuss with reference to Nigerian law as it relates to:
- Statutory marriage
- Customary marriage
- Same sex marriage
- An engagement is a contract to marry. Discuss
- Baby Pancake married Bobo Shinco a successful musician and became generally referred to as Mrs. Bobo-Shinco. In 2012, she divorced Bobo Shinco and moved out of his house. Bobo Shinco has since remarried and wishes to prevent 2 women being referred to as Mrs. Shinco but Baby has refused to revert back to her old name. Bobo found out that Baby entered into a contract to purchase a jeep on credit under the false pretence that she is still his wife and that he will pay for the jeep. Advise Bobo.
- ‘It is not possible to define with any precision, what is meant by exceptional hardship or depravity’ Discuss citing the statutory basis for preventing exceptional hardship/depravity and how courts have defined it.
- With the aid of relevant authorities point out the similarities and differences between divorce and judicial separation.
- The sole ground for divorce is irretrievable breakdown of marriage. Discuss.
- Draft a Motion Exparte seeking leave to institute proceedings for dissolution of marriage.
- Discuss the consequences of marriage.
- In 1999, Money Miss Road wished to marry Fine Baby but guessed that she did not like him and may refuse to marry him. So he secretly paid her bride price to her father and got him to agree that he would deceive her into marrying him. On the date fixed for the marriage, Fine Baby was deceived into believing that she was acting as a witness to a commercial transaction between her father and Money Miss Road. When she found out that her father had actually collected bride price from Money Miss Road she rejected the marriage proposal and refused to give her consent, telling her family that she was not interested in marrying Money Miss Road and that her father should return the money he collected. Fine Baby subsequently met No Dulling and married him in 2005. No Dulling has been informed that she was married to Money Miss Road under customary law. He wishes to institute proceedings for divorce. Advise him.
