The appeal must be allowed. There was no intestacy. The deceased disposed most property
inter vivos. Plots SAL/176 and 177 on the death of the deceased inured to the appellant as joint
owner. However, this matter, complex on the facts, raises very fundamental issues under the
Constitution, Deceased Estates (Wills and Inheritance) Protection Act and, now under the
Marriage, Divorce and Family Relations Act in the countenance of rights to property for women
during marriage under section 24 and 28 of the Constitution. The Constitution provides for the
general right to any person (including women) to acquire property, the right of a woman to acquire
property jointly with others (including a husband, the right to a fair disposal and maintenance of
spouse and children at divorce and protection of women’s property rights obtained by inheritance.
These rights are distinct. They intersect. They certainly are not contradicting. They are not selfexclusive. They, in relation to marriage, have been considered in this Court and the Court below
only in the context of divorce. Death and divorce are the real context on which matrimonial
property and generally rights to parties in marriage intersect. Sections 24 (1) (b) (i), 24 (1) (b) (ii)
and 24 (2) (c) of the Constitution, complemented by the Wills and Inheritance) Protection Act,
2011, and the Marriage, Divorce and Family Relations Act, 2015, respectively, address rights of
spouses on both occasions