ABSTRACT
It has become a common practice in Nigeria for parties who intend to contract a statutory marriage to marry first under customary law before the solemnization of the statutory marriage. This practice may be explained by the fact that though Western civilization and culture have permeated Nigerian society, most people, even the most sophisticated understandably regard themselves as bound by the customary law of their place of origin. The Nigerian Marriage Act has given validity to this practice by enabling who are married under Customary Law to marry each other under the statute.
Some legal questions arise from this practice. It is uncertain whether the statutory marriage supersedes, for all intent and purposes, the previous customary-law marriage, or if the customary law marriage is merely put into abeyance to retrieve after the subsequent statutory marriage has come to an end. There is also the question of whether both marriages co-exist.
The purpose of this project will be to examine all this questions and the position of such marriages and the associated problems in Nigeria.
TABLE OF CONTENTS
TABLE OF CASES
TABLE OF STATUTES
LISTOFABBREVIATIONS
CHAPTER ONE
GENERAL INTRODUCTION
1.0.0 INTRODUCTION
1.1.0 BACKGROUND TO THE STUDY
1.2.0 OBJECTIVES OF THE STUDY
1.3.0 FOCUS OF THESTUDY
1.4.0 SCOPE OF THE STUDY
1.5.0 METHODOLOGY
1.6.0 LITERATURE REVIEW
1.7.0 DEFINITION OF TERMS
1.7.0 CONCLUSION
CHAPTER TWO
GLOBAL CONCEPT OF MARRIAGE EXAMINED
2.0.0 INTRODUCTION
2.1.0 DEFINITION OF MARRIAGE
2.2.0 CONSTITUTION OF MARRIAGE UNDER NIGERIAN LAW
2.2.1 CONSTITUTION OF MARRIAGE UNDER CUSTOMARY LAW
2.2.2 CONSTITUTION OF MARRIAGE UNDER STATUTORY LAW
3.3.0 LEGAL EFFECT OF MARRIAGE IN NIGERIAN
2.4.0 CONCLUSION
CHAPTER THREE
DOUBLE-DECKER MARRIAGE IN NIGERIA: ISSUES, PROBLEMS AND
SOLUTIONS
3.0.0 INTRODUCTION
3.1.0 DEFINITION OF DOUBLE- DECKER MARRIAGE
3.2.0 REASONS FOR DOUBLE- DECKER MARRIAGE
3.3.0 IMPLICATION AND EFFECT OF DOUBLE- DECKER
MARRIAGE
3.4.0 PROBLEMS OF DOUBLE- DECKER MARRIAGE IN NIGERIA
3.5.0 TERMINATION OF DOUBLE- DECKER MARRIAGE IN NIGERIA
3.6.0 CONCLUSION
CHAPTER FOUR
PROSPECT OF DOUBLE-DECKER MARRIAGE IN NIGERIA
4.0.0 INTRODUCTION
4.1.0 ADVANTAGES OF DOUBLE-DECKER MARRIAGE IN
NIGERIA
4.1.1 SOCIAL BENEFITS OF DOUBLE-DECKER MARRIAGE IN
NIGERIA
4.1.2 ECONOMIC BENEFITS OF DOUBLE-DECKER MARRIAGE IN
NIGERIA
4.1.3 JUDICIAL BENEFITS OF DOUBLE-DECKER MARRIAGE IN
NIGERIA
4.2.0 CONCLUSION
CHAPTER FIVE
CONCLUSION AND RECOMMENDATION
5.0.0 CONCLUSION
5.1.0 RECOMMENDATION
BIBLIOGRAPHY
ARTICLES IN JOURNALS
ARTICLES ON INTERNET
BOOKS
NEWSPAPER REPORT ON THE INTERNET
PAPERS PRESENTED AT CONFERENCE, WORKSHOP AND SEMINAR
TABLE OF CASES
NIGERIA
Afonne v. Afonne (1975) ECSNLR 195
Agu v. Agu (unreported) suit no. E SD 70. High court of Enugun
Akparanta v. Akparanta (1972) 2 ECSLR 779
Asiata v. Goncallo (1900) NLR 41
Cheni v. Cheni (1963) 2 WLR 17
Craigh v. Craigh (1964) LLR 96
Jadesimi v. Okotiebo (1996) 2 NWLR 128
Kpelanya v. Tsoka and Anor (1971) NWLR 66
ObeleIniya v. Obele (1973) 1 NWLR 155
Odie v. NwekeObor and anor (1973) ECSNLR 733
Oku v. Oku (1972) 2 ESCLR 619
Olusanya v. Ibadiaran (1971) 1 UILR 149
Sharpless v. Barton (1951) WACA 198
Solowon v. Chukwuani (1972) 2 ECSLR 619
Teriba v. Teriba and Rickett suit no. 1/211/67 of 2/7/69, (unreported) Ibadan High court.
UNITED KINGDOM
Best v. Samuel Fox .& co ltd (1952) 2 ALL ER 394
Cowley (Earl) v. Cowley (countess) (1901) AC 450
Cowley v. Cowley (1903) AC 450
Fasbbender v. A.F (1922) 2 CH 850 at 858
Fendall v. Goldsmith (1877) 2 PD 263
Frost v. Aylesbury Diary Company (1905) ALL ER 578
Hyde v. Hyde (1856) LR IP & D 130
Mallert v. Dunn (1949) 2. KB 180 ( 1949) J.R
Ohochukwu v. Ohochukwu (1960) 1 ALL ER 253
Place v. Searle (1932) 2KB 497
R v. Jackson (1891) 1 QB 671
R v. Miller (1954) 2 ALL ER 529
TABLE OF STATUTES
NIGERIA
Criminal Code Act CAP 77 LFN 2004
Interpretation Act 1964
Laws of Eastern Nigeria 1963
Marriage Act CAP M6 LFN 2004
Matrimonial Causes Act Decree No 18 of 1970
Native Authority (Declaration of Idoma \Native Marriage law and Custom) Order 1959
LISTS OF ABREVIATIONS
C: English Appeal Cases
ALL E.R: All England Law Reports
C.S.N.L.R: East Central State of Nigeria law Reports
B: Kings Bench
J.P: Law Journal Probate
L.R: Lagos law Report
C.A: Matrimonial causes Act
A.L.N: Native Authority legal Notice
NLR: Nigerian law Report
NWLR: Nigerian Weekly Law Report
D: Probate Division •W.A.C.A: West African Court of Appeal •W.L.R:
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