Customary law—Children—Custody—Child born to wife in adultery during
subsistence of marriage—Whether adulterer has right to sue for custody during
subsistence of marriage—Whether jurisdiction of district court ousted on ground only
that claimant adulterer—Courts Decree, 1966 (N.L.C.D. 84), s. 49(1)—Courts Act,
1972 (Act 372), s. 37(1)(f).
Customary law—Ascertainment—Fulani custom—Procedures for the ascertainment
of the existence or content of customary law—When assistance of expert sought—
Sufficient evidence of relevant Fulani customary law on record of proceedings—
Whether trial court erred in ignoring evidence—Act 372, s. 50(1) and (2).
Practice and procedure—Equitable relief—Grant—Custody of children—Claim by
putative father against legal father for custody of child implying claim for equitable
relief—Prerequisites for granting relief—Claim against decency, public morality and
public policy—Whether equitable jurisdiction exercisable in favour of claimant —
Courts Ordinance, Cap. 4 (1951 Rev.), Shed. II. Order 18, rr. 1 and 2.
Practice and procedure—Pleadings—Counterclaim—Discretion vested in court to
allow setting up on terms where counterclaim lodged contrary to provisions of Cap. 4,
Sched. II, Order 18, r. 4—Meaning of "four clear days"—Whether counterclaim set up
more than four days after service but within