PALM TREE JUSTICE AND SETTLEMENT OF MATRIMONIAL PROPERTY UNDER A STATUTORY MARRIAGE IN NIGERIA

Abstract

This study examines how women under a statutory marriage in Nigeria benefits from properties she and her husband acquire during their marriage. The study went further to examine if court applies the concept of Palm tree justice while exercising their statutory discretion in settlement of matrimonial properties during dissolution of marriage. This study used doctrinal research method in analysing some texts, journals and articles by renowned scholars in respect of women’s right to property in Nigeria. It is interesting to emphasize that women can as well, ask for a share of matrimonial properties without a matrimonial proceeding. It is observed that the court tend to ask for parties’ contribution either to the purchase or development of the property/ies and the said contribution guides the court in the exercise of its discretion. The judges tend to employ the concept of Palm tree justice in a situation where law, equity and precedent cannot do the actual justice a matter requires. The judiciary has been exercising its discretion judiciously in favor of women that are able to lift the burden of proof imposed on them by giving credence to the doctrine of resulting trust. This study strongly recommends that women should ensure that any of their documentable contribution is documented.