Repugancy Test

Question 1

Section 14(3) of Evidence Act and..

Answer 1

Also contained in High Court law of various states or FCT
44 of HCL of Oyo State

Question 2

1

Answer 2

Mustn’t be repugnant to natural Justice, equity and good conscience

Question 3

2

Answer 3

Mustn’t be incompatible with an existing law

Question 4

3

Answer 4

Mustn’t be incompatible with an existing law

Question 5

Natural Justice

Answer 5

Audi alterem patem
Nemo judex in causa sua

Question 6

Equity

Answer 6

Promote fairness and Justice. Not unequal treatment and discrimination

Question 7

Good conscience

Answer 7

More subjective
Harder to define universally- depends on society.
Just try to make it align with t modern application of Justice.

Question 9

Lord Wright in Laoye v. Oyetunde

Answer 9

The point is to challenge “barbaric” customs that go against modern applications of Justice.

Question 10

Ediet v. Essien

Answer 10

Repugnant to natural Justice
Ex husband wanted to claim children of woman and father

Question 11

Dawodu v. Dawodu

Answer 11

Idi Ogi- Supreme Court
Ori Ojori- wives
Must suitable for polygamous society— equity

Question 12

Guri v. Hadeija Native Authority

Answer 12

Invalidated a rule from Maliki school — no fair hearing for highway robbers

Question 13

Mojekwu v. Mojekwu

Answer 13

Excluded women from inheriting property.

Question 14

Olaniyan

Answer 14

There cant be conflict between English and customary law. Just an overlap

Question 15

Adesunokan v. Yinusa

Answer 15

“Any law” to mean common law.
English Wills Act.
Was criticized

Question 16

Mustn’t go against local legislation

Answer 16

Section 1(1) + (3)

Question 17

Agbai v. Okogbue

Answer 17

Forced people to join an age group and pay for community projects.
Didn’t want to join fot religious reasons.
Took his sewing machine
Conflicted with Freedom of religion and association