Oluyemisi Ebadan & Co

17/12/2025

fixing our eyes on Jesus, the pioneer and perfecter of faith. For the joy set before him he endured the cross, scorning its shame, and sat down at the right hand of the throne of God.

16/12/2025

Yet to all who did receive him, to those who believed in his name, he gave the right to become children of God

14/12/2025

10/12/2025

DIVORCE PROCEEDING UNDER CUSTOMARY LAW IN NIGERIA
Divorce under customary law consists in the dissolution of the marriage bond, with the consequent release of the spouse and their respective families from all marital obligations towards each other.
In Nigeria, a customary marriage may be dissolved either by Non-Judicial and Judicial divorce
all Customary Courts in Nigeria have unlimited jurisdiction to try matrimonial causes in respect
of marriages under customary law.
Customary marriage is not dissolved by mere fact of desertion or voluntary separation. The Bride Price must be refunded. In LAWAL OSULA VS. LAWAL OSULA [1995] 9 NWLR . The Supreme Court held
that living with a man and having children for him alone does not necessarily make a woman the wife of
the man under customary law
There must be a formal act on the part of the party who is tired and not willing to continue with the union or association. In most cases, the two families are involved in the dissolution
For more information contact us on whatapps/call on 0803 437 7569or email on [email protected]

10/12/2025

Well then, the Lord himself will give you a sign: a young woman who is pregnant will have a son and will name him ‘Immanuel.’

20/11/2025

DOWRY AND BRIDE PRIDE AS ESSENTIAL TOOL IN TRADITIONAL MARRIAGE IN NIGERIA
Marriage is universally accepted to be an institution governed by the social and religious norms of the society. It is a union between a man and a woman
In Nigerian culture, the concept of the dowry or bride price is an essential aspect of the traditional wedding ceremony, symbolizing the union of two families and the commitment of the groom to his bride and her family to take care of her.
While a dowry is a payment such as land, property, money, livestock, or a commercial asset that is paid by the groom (man) family to the bride's (woman's) or her family at the time of marriage, bride price, also known as bridewealth, refers to as majorly transfer of money from the groom or his family to the bride's family as part of a marriage arrangement. It is noteworthy to say that bride price is part of dowry in traditional marriage in Nigeria without which the customary court will lack jurisdiction to entertain issue arises from the union. In LAWAL OSULA VS. LAWAL OSULA [1995] 9 NWLR. The Supreme Court held inter alia that living with a man and having children for him alone does not necessarily make a woman the wife of the man under customary law. For more information contact us on whatapps/call on 08034377569 or email on [email protected]

17/11/2025

17/11/2025

Getting Custody/Rights Of A Child Born Outside Wedlock. (Part 2) By OluyemisiEbadanesq.

CHILD’S RIGHT ACT, CAP C50, LFN, 2010
Sections 68 and 69 of the Child’s Right Act, Cap C50, LFN, 2010 which relates to access to and custody of a child born outside wedlock, allows a Father or Mother of a child born outside wedlock to file an application before the Family Court established under the Act, seeking an order granting him/her custody and parental responsibility for the child, and/or right of access to the child in the absence of custody.
This jettisons resort to self-help by means of threat, coercion or force in order to have or remain in custody of the child born outside wedlock as any disobedience of such order of court granting custody in favour of the father or mother, will amount to contempt which when established can lead to imprisonment.
On the damning effect of a parent abandoning or deserting a child as against the parent who has been taking responsibility, in custody proceedings, Section 72 of the Child Rights Act provides thus:
“72. Principal on which questions relating to custody, upbringing, etc., of child is to be decided.
Where the parent of a child has:-
abandoned or deserted the child; or
allowed the child to be brought up by another person at the expense of that other person, for such a length of time and under such circumstance as to satisfy the Court that the parent was unmindful of his parental responsibilities,
the Court shall not make an order for the child to be delivered to the parent, unless the parent satisfies the Court that, having regard to the welfare of the child , the parent is a fit and proper person to have the custody of the child.”
Section 74 of the Act empowers the Court in a custody proceedings to consult the wishes of the child, whose interest is paramount, as to the parent of choice where the child is capable of communicating, in order to aid the Court in granting any order.
On the fundamental nature of the interest of a child, Section 1 of the Child’s Right Act, which is in parimateria with the Child’s Rights Law of Cross River State, Law No. 4, 2009, provides that “In every action concerning a child, whether undertaken by an individual, public or private body, institutions or services, court of law or administrative or legislative authority, the best interest of the child shall be the primary consideration.”
A similar provision is embedded in Article IV of the African Charter on the Rights and Welfare of the Child. It states that “In all actions concerning the child undertaken by any person or authority the best interest of the child shall be the primary consideration.” Paragraph 2 of the said Article protects the views or choices of the child in any administrative or judicial proceedings.
To Be Continue in (part 3) for more information contact us on whatapps/call on 08034377569 or email on [email protected]

17/11/2025

12/12/2024

Legal Effects of Part Payment for Land in Nigeria
Ownership of the Land still belongs to the Vendor until the full price for the land is paid: Even though, the vendor (seller) allows you into the place and even starts building, ownership do not transfer to the purchaser, until all the money is fully paid.
Where the purchase defaults in payment of the balance on the agreed date, the vendor can legally and validly sell the property to another serious buyer, despite the fact that the first purchaser has made a part payment.
All the first purchaser is entitled to where the vendor upon his default decides to sell to another purchaser, is a refund of the sum paid as part payment and no more.
The general rule is that payment of purchase price coupled with possession gives the purchaser an equitable title and he is entitled to seek an order of specific performance but where the purchase price is not fully paid, the purchaser will have no right to enforce specific performance
Always seek legal advice when necessary. For more information contact us on +2348034377569, [email protected]

19/11/2024

SETTLEMENT OF PROPERTY AFTER DIVORCE IN NIGERIA PART 2
Settlement of property refers to the sharing property belonging to one or both of the parties for the benefit of one of the parties, or both, and the children of the marriages. It is an ancillary matrimonial relief provided for by section 72 (1) of the matrimonial Causes Act. That is, the application for the settlement of property must be by either or both parties to an ongoing or concluded divorce matter. There are no restrictions to the type of property for which settlement of property may be sought. The only requirement is that the property which is sought to be settled must belong to either or both parties to a marriage. Even a business solely owned by both parties can be settled. So also, personal or household property and real estate. The settlement of property and granting of maintenance are crucial aspects of matrimonial causes in Nigeria. They serve as means of ensuring fairness and financial security for the parties involved. It is important to understand these provisions and how they apply to your specific situation. Always seek legal advice when necessary. For more information contact us on +2348034377569, [email protected]

05/11/2024

SETTLEMENT OF PROPERTY AFTER DIVORCE IN NIGERIA PART 1

When two individual come together in marriage, especially if it is a statutory marriage one of the things that this status bestows on the couple is co-ownership of property and chattel and the right of either party to inheritance of the property of the other in the event of death without a will.
Also during the life of most marriages, most couples pool funds to acquire property and assets which they hope to enjoy together and probably pass unto their children at death
However, not all marriages are, “till death do us part,” and when a couple part ways through a divorce or separation, what becomes of the property they have becomes an issue. Thus, settlement of property became a principal aspect to consider when a marriage hits the rocks.
For more information contact us on +2348034377569, [email protected],