“The Onitsha Native Law and Custom postulates that a married woman, on the death of her husband without a male issue, with the concurrence of her husband’s family, may deal with his (deceased’s) property; her dealings, of course, must receive the consent of the family. The consent, it would appear, may be actual or implied from the circumstances of the case, but she cannot assume ownership of the property or alienate it. She cannot, by the effluxion of time, claim the property as her own. If the family does not give their consent, she cannot, it would appear, deal with the property. She has, however, a right to occupy the building or part of it, but this is subject to good behaviour.”
CUSTOMARY LAW – Onitsha Native Law and Custom – How a widow without a male issue may deal with her deceased husband’s property
CUSTOMARY LAW – Onitsha Native Law and Custom – Whether a wife of a deceased member of a family could become the owner of the property of her deceased husband by virtue of long possessionCUSTOMARY LAW – Doctrine of Repugnancy – Whether Courts will give effect to or enforce native law and custom which is not repugnant to the principles of natural justice