“It is trite Customary Law that any portion of land allotted to a member of the family to build on and live with his family, unless specifically granted to him absolutely, still remains family land; and as in this case, where the allotee built in the family compound, unless it is an absolute grant (which…

“The only ground which Counsel argued before us was that the declaration sought should have been granted was ground (iii) namely, recurrent attack of insanity. Provisions for nullity of marriage on these grounds are to be found in Sec. 7(1)(b) of The Matrimonial Causes Act 1937 and amplified in the Matrimonial Causes Act 1965 of…

– Interpretation of Section 9(1)(b)(iii) of the Matrimonial Causes Act, 1965 with respect to nullity of marriage on grounds of insanity “… Sec. 9(1)(b)(iii) of the Act. This provision of the Act does not depend upon capability to contract. It is simply this – that at the time of the marriage the respondent was or was…

“We have used the words “unsound mind” bearing in mind that it bears the same meaning as “mental illness” “mental disorder”, “mental disease”, “insanity” etc. in the sub-section of the Act – see Smith v. Smith (supra).” Per ADEMOLA, JSC in WUSU V. WUSU (1969) LCER-491(SC) (P. 17; Paras B – C)

“The question which arises is, whether it is the duty of the Court to consider the degree of unsoundness of mind necessary. It is extremely difficult for any Court to lay down any test of degree of unsoundness of mind, and the Court has in another context when considering Sections 2 & 3 of the…

“The principle or doctrine of incorporation by reference is one that is frequently applied in the construction of documents, including contracts of insurance where from the documents which were produced by both parties it was clear that some other evidence must have been in the contemplation of the parties. In such cases the principle is…