Property Rights of Women Married under Customary Law: Review of Arajulu V. Monday

Abstract

Under customary law, women are regarded as subordinatesto husbands and are deprived of equal rights to thematrimonial property where a dissolution marriage occurs.This practice of denying women equal property rights isrepugnant to the principles of natural justice. This articleadopts the desktop research to examine the decision inArajulu v. Monday where ownership of property acquiredduring the subsistence of a customary law marriage wasdetermined. It examines if adequate monetary considerationis sufficient alone to determine the legal ownership ofproperty acquired during the subsistence of marriage. Itfound that in determining ownership rights under customarylaw marriage, strict rules of ownership or proofed title shouldnot be adopted. This case addressed for the first time ownerof the property for women married under customary law. Itconcludes by advocating that courts rely on the rules ofnatural justice when determining ownership of matrimonialproperty.Keywords: Customary law; Property; Rights; Married women;Marriage