Bamgbose v Daniel

Facts

Children of a valid polygamous marriage claimed on an intestacy under a statute that spoke of children, and it was said that only children of a monogamous marriage could qualify.

Issue

Are children of a polygamous marriage 'children'?

Held

The Privy Council held that they are.

Principle

A valid polygamous marriage produces legitimate children. A statute is not read as excluding them unless it says so.

Why it matters

The answer to any argument that a customary or Muslim child is a stranger to a modern succession statute. The 2007 Act now says the same thing in its definition of child and of marriage.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.