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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: LAW514
COURSE TITLE: CONFLICTS OF LAWS II
TIME ALLOWED: 3 Hours
INSTRUCTION: Answer any 5 questions. All questions carry equal marks
- Define jurisdiction
What is the determinant of jurisdiction as laid down in the case of Le Mesurier v. Le Mesurier (1895) A.C. 517 @ 540
- What is the principle of recognition under the Matrimonial Causes Act CAP. M7 Laws of the Federation of Nigeria, 2004 and generally under Nigerian law?
b. How can a respondent challenge the enforcement of a foreign order?
- Explain the circumstances in which presumption of death and dissolution of marriage decree are made under the Matrimonial Causes Act CAP. M7 Laws of the Federation of Nigeria, 2004
- Under what circumstance(s) will an order of a foreign court be enforceable in Nigeria?
ii. What is the position of a bastard child under customary law? Support your answer with decided cases.
- List the legal implications of adoption.
Write short notes on:
- Statutory legitimacy
- The Hague Convention on adoption of Children
- A and B were Iranians and moslems. The couple came to Nigeria where A worked for about 15years and acquired properties. He later retired and went back to Iran with his wife where he died intestate. A’s mother instituted an action to claim entitlement on the properties owned by A.
- What is the applicable intestate succession law?
- What would the court consider in arriving at a decision?
- Ahmed, a moslem from the Northern part of Nigeria, married a 13year old girl under native law and custom. He later came to Lagos and married a Yoruba girl under the Act. He claimed that the girl was under-aged at the time of marriage. Discuss the legal implications of the two marriages contracted by Ahmed and Ahmed’s act.
- A and B have been married for 15years under the Act; both parties acquired properties. B later moved out of the house both lived apart without any communication and no formal dissolution of the marriage. A later remarried C under customary law. A died leaving all his properties to C. B has now resurfaced challenging the Will on the ground that she is the legal wife.
Advice B and C.
- What are the formal requirements of a valid Will?
Who is not capable of making a Will?
