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Mother Or First Son, Who Is Entitled To The Late Father's Property - Family (10) - Nairaland

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Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Skillsnigeria: 9:05am On Aug 10, 2021
Parisian:
Are you mad ? You swine. Is it the woman that's dragging property of the useless wasted sperm of a son.

Not surprised tho, Nairaland guys don't have sense.

You don't even understand my write-up. The son can't claim the house when his mother is still alive

1 Like

Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by mechanics(m): 9:06am On Aug 10, 2021
aribisala0:
What is next of kin in succession law in n Nigeria ? It does not mean what most people assume it means in Nigerian law
it is just the person to contact if something happens to you generally that should be your spouse that you live with
Maybe to come and identify your body or if you are missing
That's not true o, it's beyond that, I know what am saying, if you are doubting me, then he should look for a lawyer to settle the issue.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by aribisala0(m): 9:07am On Aug 10, 2021
mechanics:
That's not true o, it's beyond that.
Evidence or reference?
Can you mention any law that includes the phrase "next of kin".

Just one please
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by aribisala0(m): 9:15am On Aug 10, 2021
Pavore9:
For him to be the first son means he has siblings,.
That is not what it means . If you wrote that in an English comprehension exam you would fail.
It could mean that but not necessarily.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by alfarouq(m): 9:18am On Aug 10, 2021
For his owm sake, let him leave the house for the wife since she is also his mother and make peace with her, earn her blessings and with hardwork and smartwork, he can achieve much better but any other way, he will destroy himself.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by efavour: 9:23am On Aug 10, 2021
frozen70:


For his mother to be dragging with her son, it means that both of them are not getting along and have never gotten along all the while, even when his dad was alive

For his own interest and safety
Let him forget about that particular house and look for space to build his own house

The mother can use his siblings to fight him because of that house

His mother can maim him because of that house

The whole family can be against him because of that house

At the end, he will finish the house but may not be alive to leave there
what interests and safety?
The house belongs to his mother first.
As the first son, he can inherit after his mother dies. You can't eject your mother from her to go live in rented house. As for those shouting south east, I have seen this first hand in a case of step mother. I wish it is the woman that is asking for this advice. All she has to do is lodge a case at the customary court and this son that is behaving like a bastard will be taught some sense

2 Likes

Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Yankee101: 9:23am On Aug 10, 2021
The man would have a will
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by ImaIma1(f): 9:35am On Aug 10, 2021
Plomo:


Calabar, I think?


Akwaibom
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by akanbiaa(m): 9:42am On Aug 10, 2021
Sometime it's best to endure and avoid trouble with loved ones so that you can prosper beyond measure.

He should not have even tried to fight over the house with him Mum , he needs her blessings and prayers, he should apologize to her and get a place to rent and bring the wife he wants to marry to see his mum for familiarity.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by NoToPile: 9:52am On Aug 10, 2021
aribisala0:


I am not sure what you mean by that word "upturned"
Ori ojori and Idi igi is a totally unrelated issue to whether a wife can inherit her husbands property so you are mixing things up
Those issues are tangential and related to POLYGAMY and how property are shared among the children of a POLYGAMOUS marriage. It has absolutely NOTHING to do with a wife's right to inherit Rather it is about CHILDREN not WIVES

With regard to being overturned .
The judgment in Sunmonu v Suberu was given at the Supreme Court with respect to Yoruba tradition/Custom and you are citing a judgment with respect to Ibo law and Custom. They are totally different systems
This is just like saying The judgment on Ibo traditional law has overturned Sharia law that is illogical
There are fundamental reasons why Ukeje does not apply in Yoruba law. Anyone who is grounded in Yoruba tradition knows this
[b]Spouses do not inherit each other's property
It operates BOTH WAYS. Women do not inherit from their husbands and vice versa[/b]. Ukeje is about the right of a female child NOT wife. The Yoruba tradition is that inheritance is BY BLOOD. The wife is not a relative by blood
So the Ukeje case which is based on a "discrimination" against women(children of deceased) is inapplicable

A supreme court judgment can only be AUTOMATICALLY interpreted to overturn a judgment of a LOWER court .
To say it overturned Sunmonu v Suberu is wrong unless that was explicitly stated. That Ukeje judgment does not cover all Native and Customary law in Nigeria or Sharia law just Ibo law.

@ bolded Say what?

Which Yoruba culture says wives dont inherit from their husband's ?
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Vulcan24(m): 9:54am On Aug 10, 2021
The head of the family if a man dies intestate is the First eldest son. the mother should reason and think of the comfort and future of his children as the care of burden would still be on the first son.

I think the mother is just been possessive and there s more to this story cos most mothers who had issues with their husband tenaciously cling to the property thinking this is a reward for all the years of maltreatment and suffering

however i see this as a poor judgment and callousness, Son should take over the property, renovate and if he wishes settled the mother in a better apartment or allow live in same house. that the proper way and right thinking people should go

I HAVE A SON TOO, he should not give in to the wish of his mother, imagine i leave property and my first son is not allowed to live in it, i will get up from my grave and throw that woman out.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Chinwolot(m): 9:59am On Aug 10, 2021
Please advise your friend whom you say is also reading this to calm down. The worst thing he can do is to go to war with his mother.
Everyone in that family has the right to live there as long as they wish, till they soujorn out to different endeavours. And you cannot build or renovate anything in that building without working together with your mom. It is your father's house, but also remember it is her husband's house as well. And it has been that for quite a long time before it became your father's house. What if she aborted you, will you be here fighting her over a house? That day you got lost at 6yrs old, what if she didn't spend 8hours under the sun and rain looking till she found you...would you have been here to drag a house with her?

1st, you should go rent/buy/acquire/procure/get a new apartment and settle down with his new wife.

Second, you should go and mend fences with his widowed mother who is still suffering the loss of her husband. Believe me, the mother is also thinking that she has lost the son the same as she lost her husband. So please go and make up with your mom so that woman can live out the remaining days of her life in peace and love. My people say, " He who has a normal penis does not know the suffering of some having a swollen scrotum". Some people are wishing to still have their mother alive and you are here trying to drag yours to court over a piece of inherited property. In Igboland, you will be called an efulefu.

Bros, just calm down cos the property will still be yours to administer. Very soon, by God's grace, your sisters will all soon marry out and you will later start looking for whom to come to stay in the building with you. Guy, focus ooooo, and think of buying your mom a new car.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by aribisala0(m): 10:11am On Aug 10, 2021
NoToPile:


@ bolded Say what?

Which Yoruba culture says wives don't inherit from their husband's ?

English language is important. I Never said wives "don't" inherit. What I said is they are not entitled by customary law to do so
This is the case in Virtually all Yoruba culture.
. Wives are not entitled to inherit from husbands and husbands are not entitled to inherit from wives He may make gifts whilst alive but after death inheritance in Yorubaland is BY BLOOD as far as rights are concerned wives have no ENTITLEMENT

of course many families exercise discretion in these things and what happens in practice varies
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by kalvoken(m): 11:11am On Aug 10, 2021
aribisala0:


Why all this emotional nonsense? If not for you telling us I used to believe women carried babies for 2 months. My bad !! so it is 9 months
People have been suing there mothers before you were born and will do so long after you have gone if necessary
It has no bearing to this issue

Why the difficulty in finding a coherent and rational argument devoid of this emotional claptrap?
Surely there is a better argument
Women breastfeed children of other people it has no meaning
90 days in the womb and 900 days breast feeding is not something anyone has any memory of. It is irrelevant


I won't even reply you. If you like jail your mum, I care not, since you are lucky not to have been my brother.

Oh, I just replied.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by robbase: 11:37am On Aug 10, 2021
The fact is that; if the Father didn't will the house to the mum, then it automatically belongs to the only son. but then, the best thing to do right now is for the son to rent another apartment and stay with his wife, while the mum and his siblings remain in the family house. it is obvious the house will come to him one day, its his house not his mum's or the siblings'; nobody is contesting that.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by iamL(f): 11:57am On Aug 10, 2021
As long as you mother married the late father legally she is the legal owner of the house except there is a will to that effect.

Op u renovated your father's house u didn't build it so that house isn't yours since is not even in your name.

If u have a bad family/step family the best thing to do is to move on else it won't end well for you. For your ur own safety start your family elsewhere.

If your family has been good to you and u want to eject them (a grieving wife/mother, siblings ) after your father's death then u are a wicked son whom should have been mensurated out.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by iamL(f): 12:13pm On Aug 10, 2021
bishopjoe02:


South east and south south the first son own everything in the absence of a will or the father sharing the property orally when he is alive, south west, the house is shared equally among the children both male and female.

But as far as the mum is alive, she have a right to live in her husband house till infinity

Wrong, am a Deltan. In my place the wife owns everything if there is no will (Who first son help) and properties are shared among the family with the widow consent.

When my dad passed away my older brothers sold all my dad properties so we could relocate, see wahala from my dad uncles until my mum told them it was with her consent before they let my brothers be.

We didn't even bother to share anything with mumsy the new house we bought is in her name only. That is our family compound for the grandkids to holiday and for marriage ceremonies.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by authority2006(m): 1:05pm On Aug 10, 2021
Harddiskng:


I had a Landlord that sold his house in Lagos for over N40 million and went to rent a small modest apartment in Ibadan. He was over 70 years old.




It is either you are very stupid or you can’t read. Where did you see that I wrote he tried to send his mum packing. Leaving the house to him (inheritance and Leaving the house for him (packing out are two different things. Go and re-read to find out which i used.

It’s a very big house for your information, he was wondering whether to use his money to start building his own or upgrade the house his father left behind, hence I gave him a good advice discus with your mum, if she says the house would be yours put your money there.

Lol you don’t have sense at all.

But somehow, I used my sense to force you to use yours. Lol.
If he had not arm twisted his mother, would his mother take the house to heaven when she dies? Two greedy dumbo friends!
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Harddiskng(m): 1:10pm On Aug 10, 2021
authority2006:


But somehow, I used my sense to force you to use yours. Lol.
If he had not arm twisted his mother, would his mother take the house to heaven when she dies? Two greedy dumbo friends!

Having a discussion with his own mother is equal to arm twisting her how?? If she decides to sell the house or do whatever with it, can he stop her? should he spend his future on another man’s property he has no ownership right over?

You didn’t use any sense, you can’t use what you don’t have. You just picked part of my write-up without reading the rest like a ret@rd

You are a complete idiot.

1 Like

Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by obama30: 1:32pm On Aug 10, 2021
Plomo:


Thought as much. In Igbo land, the son (depending on how many they are) becomes the owner of the properties once the father dies although the wife(s) get their own cut.

He also has valid claims as the first son and since it was his money that raised the house afterall. If it’s a big enough house, he can live with his mother and his future family but for privacy reasons, he might as well just rent a flat for himself.

However, if he doesn’t want to treat it as a civil matter, he can invite his clan to deliberate on the issue according to the customs of his people.


What is his past relationship with his mother like?

You're wrong, despite many likes you get as support. In Igbo Kingdom no son has right above her mother whom is wife of his father and his mother. It's only when family keep calm for peace to be that such foolish first son think he's wise to claim family property.

No man can make a will that all his properties belong to his first son only, while the renaming children's should search for God knows where to live or inherits. what is so special about been first son that guarantee him' the first son to inherit all his father sweat only him? a man that will all to first son is not suppose to have more than one child at first place, because there's no need to born some to inherits and others to suffer.

when a man die his wife automatically replace him in everything including the property, the mother not the children's has right on whom lives in her house. A wise family don't need to trouble their mother in her husband house because she is rightful owner of the property recognize by government and some culture including some IGBO CLAN especially where there is no will.

No government recognize children's as owner of property when there is no will, instead government recognize the wife. so next time get your information from widows experience before misled people in the name of Igbo custom. I am son of Ezeani

1 Like

Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by NoToPile: 1:34pm On Aug 10, 2021
aribisala0:

English language is important. I Never said wives "don't" inherit. What I said is they are not entitled by customary law to do so
This is the case in Virtually all Yoruba culture.
. Wives are not entitled to inherit from husbands and husbands are not entitled to inherit from wives He may make gifts whilst alive but after death inheritance in Yorubaland is BY BLOOD as far as rights are concerned wives have no ENTITLEMENT

of course many families exercise discretion in these things and what happens in practice varies

There's no difference in what I said and what you are saying.

By wives I meant Yoruba wives, the opening sstatement ' In Yoruba culture' covers that.

You are still saying wives do not (are not entitled to) inherit in Yoruba culture and I am challenging that.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Rrchrd(m): 1:39pm On Aug 10, 2021
The House belong to Him but he supposed to live with his mum in the house.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by aribisala0(m): 1:40pm On Aug 10, 2021
NoToPile:


There's no difference in what I said and what you are saying.

By wives I meant Yoruba wives, the opening sstatement ' In Yoruba culture' covers that.

You are still saying wives do not (are not entitled to) inherit in Yoruba culture and I am challenging that.
There is a world of difference. Yes I understood you to mean Yoruba wives or at least wives of Yoruba men subject to Customary law so what is your point with that?

Yes that is what I am saying

Do not and are not entitled to are very different scenarios
I said "are not entitled to"
In Yoruba culture spouses are not entitled to ( have no rights to) inherit each other whether a wife or a husband.
Husbands are not entitled to inherit from wives and vice versa

The only entitlement to inherit in Yoruba culture is relatedness BY BLOOD

That is not to say Friends DO NOT inherit from friends. It can happen but not by right
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Maryamg: 1:42pm On Aug 10, 2021
Alhamdulillahi bi ni'imatil islam. Who christianity help
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by NoToPile: 1:43pm On Aug 10, 2021
aribisala0:
There is a world of difference. Yes I understood you to mean Yoruba wives or at least wives of Yoruba men subject to Customary law so what is your point with that?

Yes that is what I am saying

Do not and are not entitled to are very different scenarios
I said "are not entitled to"
In Yoruba culture spouses are not entitled to ( have no rights to) inherit each other whether a wife or a husband.
Husbands are not entitled to inherit from wives and vice versa

The only entitlement to inherit in Yoruba culture is relatedness BY BLOOD

That is not to say Friends DO NOT inherit from friends. It can happen but not by right

Not by right? I don't agree.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Mom007(f): 1:45pm On Aug 10, 2021
How do u drag house with your mother? As in your real mama o... So in a space of few months, you want her to loose both her home and her husband all because u want to marry? Things are not done Like that. If the compound still has space, pls erect another structure within it and move in with your would be wife. You can only start dragging house and claiming first born son status at the demise of both parents. Pls let that woman live out her days in peace biko.
You see what these men do? After causing this kind of bad blood between yourself and your mother, you will now bring in an innocent wife who will use head to carry all the problem! Mama will be beefing the poor lady, thinking she was the one who advice's you to throw her out not knowing you reached the decision all by yourself and for yourself!
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Mom007(f): 1:48pm On Aug 10, 2021
obama30:


You're wrong, despite many likes you get as support. In Igbo Kingdom no son has right above her mother whom is wife of his father and his mother. It's only when family keep calm for peace to be that such foolish first son think he's wise to claim family property.

No man can make a will that all his properties belong to his first son only, while the renaming children's should search for God knows where to live or inherits. what is so special about been first son that guarantee him' the first son to inherit all his father sweat only him? a man that will all to first son is not suppose to have more than one child at first place, because there's no need to born some to inherits and others to suffer.

when a man die his wife automatically replace him in everything including the property, the mother not the children's has right on whom lives in her house. A wise family don't need to trouble their mother in her husband house because she is rightful owner of the property recognize by government and some culture including some IGBO CLAN especially where there is no will.

No government recognize children's as owner of property when there is no will, instead government recognize the wife. so next time get your information from widows experience before misled people in the name of Igbo custom. I am son of Ezeani
End of Discussion.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Plomo: 1:56pm On Aug 10, 2021
obama30:


You're wrong, despite many likes you get as support. In Igbo Kingdom no son has right above her mother whom is wife of his father and his mother. It's only when family keep calm for peace to be that such foolish first son think he's wise to claim family property.

No man can make a will that all his properties belong to his first son only, while the renaming children's should search for God knows where to live or inherits. what is so special about been first son that guarantee him' the first son to inherit all his father sweat only him? a man that will all to first son is not suppose to have more than one child at first place, because there's no need to born some to inherits and others to suffer.

when a man die his wife automatically replace him in everything including the property, the mother not the children's has right on whom lives in her house. A wise family don't need to trouble their mother in her husband house because she is rightful owner of the property recognize by government and some culture including some IGBO CLAN especially where there is no will.

No government recognize children's as owner of property when there is no will, instead government recognize the wife. so next time get your information from widows experience before misled people in the name of Igbo custom. I am son of Ezeani

Please next time, read to understand my guy.

I never said first son, I said ”In Igbo land, the son (depending on how many they are)”.

A man can choose to will all his properties to his first son, he can also choose to will all his properties to his 5th daughter, he can even choose to will his properties to charity and nothing to his children and family. As long as the will is valid according to state probate laws, a man can transfer ownership of his estate in event of death as he deems fit. You better go and do your research.

I don’t know what part of igboland you claim to be from but when a man dies and his son is of age, he automatically takes over his father’s properties. The wife is only entitled to the house her husband built for her or in the generosity of the son, the father’s compound is shared and she takes a portion of it. It’s called Mkpuke di ya, if I’m not mistaken.

The recognized law is the law of the land, the law of the government is only secondary.

If a man dies without a will in igboland, as long as they are of age, ONLY THE SON(or sons if he had more than one) shares his properties. NOTHING GOES TO THE DAUGHTERS. The wife only takes care of the properties till the children comes of age.

Ezeani my foot.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Odosgidigba(m): 1:58pm On Aug 10, 2021
I think the man should go rent an apartment elsewhere and leave the house for his mum and siblings.
But on the second note, don't you think it's the wife to be that is putting him to this?
My thoughts though�
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by mariahAngel(f): 2:03pm On Aug 10, 2021
Tadeknkeepcalm:

Ok. I thought as much. I admire people like you. Must be nice being able to experience various cultures.

It’s truly nice.

Thank you. smiley
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by obama30: 2:18pm On Aug 10, 2021
Slimslimqq:
Good evening elders.

A friend of mine needs urgent advice before taking a bold step.

He relocated to south Africa 6 years ago, and since he traveled he has been sending home some amount of money to help his father complete his house.

So last year, unfortunately his father died and has since been buried.

He just arrived from south Africa since then. Now he wants to renovate his fathers house to 3 bedroom flat because he's planning to marry next year, He's not returning to south Africa.

But, his mom declined and said she won't allow him take over the house from her, though he promised to rent an apartment for her but declined.

Now this has caused a lot of problem between the mother and son, because the son claims he built d house to that stage but the mother is claiming she is his mother and the wife to the late owner(father).

He's planning on taking drastic steps which I have advised him against, but he seems not to understand everything I'm saying.

I told him about nairaland, that there are experienced people who will give him d best advise and he's given me a go ahead.

I will be sending these page link to him, so he can hear from d public and then know what to decide.

He needs your sincere advise.

Thanks

Please help us help a brother

God i pray let me not have a foolish son or daughter as your friend, who will be thinking to drag my property with my sweet loving wife when i am no more.

My wife is Number 1 and everything to me and my children's are second, If she like let her kill me i don't care. Any of my children's that will try to provoke my wife when i am no more will be strike dead by my spirit, because i did not trouble my father. I knew what my wife pass through to give births to them, and what it cause us to bring them up. who is he to drag my property with his God? her mother is her God.

I build my house in my inherited land but i still give my mother 100% right to do whatever she wish in my compound even if she want to plug fruits from trees or farm in my others inherited land from my father, I give her the right to use it as she wish because it still she and husband property.

Even my senior brother whom live in my father compound with my mum's and sisters can't do anything of her own in my father house without my mother approve, because the entire property we shared still belongs to her until she's no more before each of her 4 boys and 2 girls can now claim that he/she own this or that particular property as inherited from our parents.

Even me in my compound still inform her of anything am going to do in my own compound or with inherited land because it's belong to her. we don't have right to sell any property until she's no more or she approved for you to sell even though its now your inheritance.

we share it when she still alive to avert trouble of sharing it when she's no more as our father has pass away, I am from East, Nri Clan precisely.

That your friend is not worthy to call a son, if not her mother how can he be a member of that family? what if the woman turn tomorrow to claim that she adopted him that he is not biological son of the man he claim to be? did he think that his late father kinsmen can allow him to stay in their brother house again, but the mother will be allow to stay because she have others children's.

My advise is that he should build another house in the compound even if is 1 room and palour self contain and live there, that is house he and about to be wife can lay claim for now, but the land where he build the house still belong to the family which his mother still the head of the late father family, means the house can't be sell because the land belongs to entire family but the house belongs to your friend.

But dragging where the late man build to shelter his entire family, with mother that was there and suffer together with the mother is not the better way, he should also know that this kind of a thing bring curses so he should be careful.

Bible say' respect your parents so that your days may be long in the promise land that the lord had given you. How can you respect your parents without knowing that dragging her husband house with him is disrespectful to your mother and God.

I believed she had good lady to marry because if is what i am thinking, i don't think the lady he's about to marry have good advise to him. if not she should know that any wrong advise to him against his mum may come back to her after 30years to 50 years because she will be a mother and have son that will be up to get marriage, don't say there is no Karma.

The children's with respect to their parents can still obey and ask their mother the way to follow after her husband is late even when there is will made by the late father. she will not touch the will but her decision in the family still final.

Good luck.
Re: Mother Or First Son, Who Is Entitled To The Late Father's Property by Nobody: 2:30pm On Aug 10, 2021
MummyD2020:


The woman cant take the betrayal and so she feels its better of that he is dead to her. How can u evict ur mum? That ur friend needs mental check.

He is the first born son, so by tradition the dad's properties belong to him. But the mum wants none of that

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