Morenikeji, a 42 year old woman who comes from a wealthy family got married to Dotun 12 years ago. But unfortunately the marriage was childless. Apart from coming from a wealthy home, Morenikeji also has a very good job, while Dotun is just a civil servant.

About 8 years ago, Morenikeji decided to buy a land and informed Dotun about it. Dotun suggested that they should buy the land in the name of the child they hope to have one day. They agreed on a name and bought the land with the name, and Morenikeji built a very beautiful house on it.

That was how Dotun encouraged Morenikeji to buy many other properties in the name of the unborn child.

Dotun died in a car accident 2 weeks ago, and Morenikeji got the shock of her life when a woman came for the burial with 2 children that belongs to Dotun.

The first child is almost 9 years old, and he bears the name Dotun gave Morenikeji's unborn child. The same name on all the properties which Dotun encouraged Morenikeji to buy.
Dotun's family are now trying to claim all the properties from Morenikeji.

You are consulted by Morenikeji. What are her chances in this situation?

This is a true life Story

This one is what we call "O so si ni lenu, O fi iyo si" in Yoruba adage

I can say anything to this, the issue is strong

Oro yi takoko

princeemmma:
The first child is almost 9 years old, and he bears the name Dotun gave Morenikeji's unborn child. The same name on all the properties which Dotun encouraged Morenikeji to buy.
Dotun's family are now trying to claim all the properties from Morenikeji.
You are consulted by Morenikeji. What are her chances in this situation? This is a true life Story

How can anyone purchase property in the name of someone who doesn't even exist?

Anywho, so long as Morenikeji is listed as mother to the non-existent owner of the property, I don't see how the family could claim the property for any other person other than Morenikeji's own child.

But honestly, this story no compute at all. Why purchase property in name of someone you never born?

Lol, nnkan be.

Did Dotun write will and state that he has the property because using the kids name to buy property doesn't really mean anything o

Life is full of surprises!

It is a very simple case na , who hold the title to the property , who paid and has the receipts, so the fact that he has a kid bearing so so name does not in anyway give them the right to the asset if there is no willful transfer of title, but then she would also need to prove beyond reasonable doubt that she helped build the asset via bank transfers and acknowledgements....Always marry someone that loves you , in good, better, best and ugly times...Make you na try dey collect acknowledgements o, love is not blind all the time, only madam Justice is statutory allow to be blind.

I have seen a couple used a name of a child they are expecting (only God knows when) as Next of Kin.

To the story, since the husband had no foreknowledge of the existence of the child, that property cannot be claimed by the late wife's family.

But Lawyers Sha, will milk them dry. The people are more interested in money than tell the truth

There is no conflict here at all.

In law the property goes to and belong to Morenikeji the court will apply the principle of constructive trust and the court will impose the trust that the children are holding the property for Morenikeji.

For so long as Morenikeji can prove that:

A) she has the means and resources to to actually acquire the property and there was absolutely no way her deceased husband could have actually been able to acquire the property as he is a civil servant.

B) She didn't intend to give the property to the children that showed up as her deceased husband children at the time she acquired the property.

Infact assuming that Morenikeji was aware of the existence of the children and bought the property in their name, Morenikeji would have still been entitled to the property under the principle of "constructive trust" for so long as Morenikeji did not have the INTENTION that the children should own the property.

Been that Morenikeji was already in occupation of this property before the lawsuit the court will permit her to use and manage the property pending determination of the suit (the court has the power to appoint a receiver but the court would most likely not do that in this scenario). The options that the mother of the children using through her children will have is to apply for an injunction but the court will most likely not grant such in this case except they are able to proof that the balance of inconvenience is in their favour.

Generally court are reluctant to grant injunction.

psucc:
I have seen a couple used a name of a child they are expecting (only God knows when) as Next of Kin.

To the story, since the husband had no foreknowledge of the existence of the child, that property cannot be claimed by the late wife's family.

But Lawyers Sha, will milk them dry. The people are more interested in money than tell the truth

... Late wife ke? you don mix up the story. Go through the story again.

This one is strong!!

Who told the other woman that there are properties in her child's name?

Are there no ways she can immediately start changing the names on the properties to her own name? She's still the one who signed on the documents.

Come on.

Possession is the 99% of ownership. Since, she was one that built and still live in the house, she prove to the court that her husband actually misled her.

She is in possession of the property and

I just want to believe this didn't happen.
Hian!

I'm learning something important here

Looking at it from diff perspective, one wants to reap from here they did not sow and another risk losing her possession
Its simply a case of deceit

The husband is pathetic if he deceived his wife to buy those properties in a non-existent child's name only to give that same name to a child borne out of adultery and tell the outside woman that he has a property they can claim if anything happens to him. If this story is true, I'm certain even the devil himself will bow to worship this man. This level of deceit is more than the one that happened in Eden

Tales by moonlight but a sweet read.

princeemmma:

Dotun died in a car accident 2 weeks ago, and Morenikeji got the shock of her life when a woman came for the burial with 2 children that belongs to Dotun.

The first child is almost 9 years old, and he bears the name Dotun gave Morenikeji's unborn child. The same name on all the properties which Dotun encouraged Morenikeji to buy.
Dotun's family are now trying to claim all the properties from Morenikeji.

You are consulted by Morenikeji. What are her chances in this situation?

This is a true life Story

I'll tell her to laugh at the family.

The Law follows the person. A Name without a person is exactly the same as story books. It is fictitious and unreal.

Secondly, death without issue (child) means the connection to that sly bastard called Dotun is severed, therefore, the bastard's thieving family have no locus standi.

Thirdly, fraud and deceit and misrepresentation always destroys any and every relationship (contract/marriage), thus, she does not have a problem at Law!

galantjoe:
Possession is the 99% of ownership. Since, she was one that built and still live in the house, she prove to the court that her husband actually misled her.

She is in possession of the property and

In addition, No child can take without being given and since the child did not come, therefore, no giving was done based on The Law "you can not give what you do not have"!

Since, she did not give, therefore it means the properties still remains hers.

brightest5050:
There is no conflict here at all.

In law the property goes to and belong to Morenikeji the court will apply the principle of constructive trust and the court will impose the trust that the children are holding the property for Morenikeji. ..

Brilliant! Very nice.

However, you forgot the First Law to wit- "Equity Follows The Law". And The Law still resides with and in Morenikeji

Only Ogun, Sango, Aiyelala, and Esu Odara can resolve this issue

Mind bending sturvs

omo!
this one get as e be o!

well, it takes more than just names on receipts to prove that one owns a property.