NATIONAL OPEN UNIVERSITY OF NIGERIA

UNIVERSITY VILLAGE, PLOT 91, CASDASTRAL ZONE, NNAMDI AZIKIWE EXPRESS WAY, JABI, ABUJA.
FACULTY OF LAW
JUNE/JULY 2013 EXAMINATION

COURSE CODE: LAW344

COURSE TITLE: FAMILY LAW II

TIME ALLOWED: 3 Hours

INSTRUCTIONS: Answer any 5 questions. All questions carry equal marks

QUESTION 1

Females are at a disadvantage in matters of succession in Igbo and Yoruba land. Discuss.

QUESTION 2

Discuss the rule laid down in the case Cole v. Cole. Also discuss the application of this rule.

QUESTION 3

a.             Define intestacy.

b.            Chief Obaze has 2 sons. His eldest son, Osas married a foreigner against his wishes so Chief disinherited him. In his will, he bequeathed his only house to his younger son, Otas. After he died, Osas refused to perform his burial rites according to Bini Custom and said that he had not forgiven his father for disinheriting him. Advise the parties on the provisions of statutes, case law and customary law.

QUESTION 4

a.             Define a will.

b.            State 3 types of wills studied y you. Substantiate your answer by giving examples and referring to the relevant cases

QUESTION 5

Discuss the different types of custody orders that a court can make in pursuit of the paramount interests of children.

QUESTION 6

Write short notes on the following:

a.             Means of the parties to a marriage

b.            Earning capacity of parties to a marriage

c.             Conduct of parties to a marriage

QUESTION 7

1. Agbaka is a retired Army Captain who took early retirement at the age of 42 years and decided to go on a worldwide cruise. On  the cruise he committed adultery with a member of the crew. On becoming aware of the crime committed by her husband, his wife filed a petition for divorce. In addition to it, she also prayed to the court to award maintenance of N40,000.00 per month against Agbaka in her favour. Agbaka contended that he is a pensioner and that his  pension is only N45,000.00 per month. Advise the parties.
2. Would your advice be different if Agbaka were 70 years old and permanently disabled?

QUESTION 8

Discuss the absolute bars to a petition for divorce.

QUESTION 9

With reference to relevant cases, discuss 6 ways in which adultery may be established.