NIGERIAN LAW SCHOOL 2009 BAR FINALS QUESTIONS AND ANSWERS IN PROPERTY LAW PRACTICE
THE NIGERIAN LAW SCHOOL
BAR PART 11 FINAL EXAMINATION
PROPERTY LAW PRACTICE
MONDAY, AUGUST 10, 2009 TIME: 3 HOURS
READ THE INSTRUCTIONS CAREFILLY:
1. This paper is divided into 2 Sections and 2 Answer Booklets are provided.
2. Questions 1 and 4 are compulsory. One other question from each Section should be attempted.
3. Questions from each section should be answered on a separate Answer Booklet.
4. Write your EXAMINATION NUMBER ON EACH ANSWER BOOKLET
SECTION 1
QUESTION 1 (COMPULSORY)
Chuks Taylor of 10 Silas Street Computer Village, lkeja, Lagos is a businessman with a branch office in Brussels, Netherlands. He has entered into negotiation with Victor Ometa of 6 Majekodunmi Street, lkeja, Lagos to purchase a hectare of land in the Abule Quarters of Opebi, lkeja, Lagos. Victor’s interest is registered as 92/92/1992 in the Lands Registry, Alausa, Lagos. Chuks has briefed you to represent him in negotiation the purchase and perfection of title to the property. Victor is asking for N25 million and wants the sum of N5 million to be paid as deposit pending conclusion of negotiation/purchase. Chuks does not guarantee his consistent presence in Nigeria at all times and would not want to hold up negotiation and perfection. Chuks and Victor have agreed that you should act for them both. They have also agreed that the deposit of N5miIlion to be paid should be given to you as a stakeholder. Answer the following questions.
a. Write a letter to Chuks advising him on the steps to take if he cannot guarantee his consistent present during the course of the negotiation.
b. How would you investigate Victor’s title?
c. How would you deal with the N5 million paid to you as stakeholder?
d. List of professional responsibilities you must take into account if you want to act for both parties.
e. Draft the introductory and operative parts of the final document to be executed to conclude the transaction between Chuks and Victor
f. List only the documents you would need to apply for the consent of the Governor of Lagos State in respect of the transaction between Chuks and Victor.
g. Using the scale below, calculate your fees for acting for only Chuks.
PART 1
1
Transaction Conducted
2
For the first N1000 per N100
N 3
For the second and third N1000 per N100
N 4
For the fourth and each subsequent N1000 up to N20,000 per N100
N 5
For the remainder without limited per N100
N
Vendor’s legal practitioner for conducting a sale of property by public auction when the property is sols
22.50
5.62
3.75
2.80
Vendor’s legal practitioner for deducting title to leasehold property
As in part 11 thereof
22.50
1.25
5.00
Purchaser’s legal practitioner for investigating title to leasehold property and preparing legal documentation
As in part 11 thereof
22.50
11.25
7.50
Purchaser’s legal practitioner for negotiating a purchase
22.50
3.75
3.62
2.80
PART 11
Consideration Remuneration
Under N200 N146.75
Over N900 but not exceeding N1,000 N225.00
Over N1,000 but not exceeding N1,000 N235.25
QUESTION 2
Madam Kate Samuel is a rich business woman who has several properties in choice cities in Nigeria, including a parcel of land known as Plot 13, Cadastral Zone A01, Jabi District, Abuja measuring about 1000 square metres, which she bought from Baba Shehu in July 2007, vide a Deed of Assignment registered as No. 4/4//123 in the Land Registry at Abuja FCT on December 05, 2007, in the name of her Company, Applause Industries Limited. Madam Kate had used the said plot to obtain a loan of N10million from Stanbic IBTC Bank, Maitama, Abuja in October 2008 with a repayment period of 5 years. Baba Shehu, himself, was granted the said plot the said plot by the Minister of the Federal Capital Territory, Abuja vide a certificate of occupancy No. FCT/03/WV2/91 dated 5th August 1991 for residential use for 99 years commencing on 1st January, 19991. Baba Shehu is dead. Madam Kate also owns plot 4, Oba Adesida Street, Akure, Ondo State on which she has erected 10 blocks of 3-story buildings.
Answer the following questions:
a. Madam Kate has agreed to sell plot 13, Jabi District, Abuja to Chief Bob Akpan, a politician of No. 2, Ribadu Close, Asokoro, Abuja and Chief Bob Akpan has engaged you as his Solicitor to investigate Madam Kate’s title:
i. Mention the places you would visit in the course of your investigations?
ii. Assuming you have concluded investigations into the property, draft the Search Report in respect of the above property to be sent to Chief Bob Akpan
b. Madam Kate Samuel wants to sell one of the blocks of flat in Akure and you are acting
as a Solicitor to the purchaser, what clause would you require to be inserted in the
conveyance to guarantee your client’s access to the title documents covering the plot of
land on which the building is erected?
QUESTION 3
Chief Tella and Prince Banjoko were childhood friends having grown up in the same community in Egbado, Ogun State. The two friends later became partners in a firm of Estate Developers and Valuers, established sometimes in 1969 and located at No. 33 Ojuwoye Street, Abeokuta. Both had a prosperous practice with great earnings which made it possible for them to individually own several properties in Abeokuta and Lagos. Apart from houses in large estates in Lekki Pennisula, Prince Banjoko equally owned two big petrol stations operated by each of his two brothers. In 2005, Chief Tella died intestate at the age of 65 years, leaving four children and his wife Apinike. Prince Banjoko died in 2007 leaving behind a son and two daughters. He (Prince Banjoko) also left a Will dated 20/6/2006 in which he appointed his son (Taiwo) the sole executor.
a) The wife and children of Chief Tella, who died intestate, have sought your legal services. What would they need to do in order to legally administer the estate of the deceased?
b) Would your answer in (a) above be different if there was a Will annexed to the application for letter of Administration? Briefly give reasons.
c) Under which circumstances would you have advised the administration of the estate by the Administrator-General?
d) What is the implication of Taiwo being the only executor of his late father’s will? Would his appointment be appropriate if he is a minor?
e) Who is entitled to be granted probate? State the appropriate grant in the instant case and highlight the procedure to be followed, assuming the two brothers of the deceased are opposing the application for a grant.
f) Laditi Taiwo, the Solicitor to the family of Late Chief Tella, has advised the family to undervalue the properties involved in order for the family to pay less on estate duty to government but more fee to him as their Solicitor. Comment briefly on the propriety or otherwise of the conduct of Mr. Laditi Taiwo (Solicitor).
SECTION 11
PLEASE USE ANOTHER ANSWER BOOKLET FOR THIS SECTION
QUESTION 4 IS COMPULSORY. One other question from this section should be attempted.
QUESTION 4 (COMPULSORY)
Mrs. Osayi Sule of 5, Obukoko Street, Sapele, Delta State, who presently runs a guest house in Florence, ltaly, wishes to purchase a property at 10, Trans Amadi Road, Port-Harcourt, Rivers State. The property is registered as 42/42/1357 in the Lands Registry, Port-Harcourt. She wants to buy the property because she wants to come back to Nigeria to join a political party and contest for election to the House Representatives in 2011. She has briefed you to handle the negotiation, purchase and perfection of the title to the property on her behalf. She however wishes to use the property to secure a mortgage of N20 million (Twenty Million Naira) she is negotiating with Access Bank Plc. The vendor is Mr. Enefaa George who resides at 5, Aba Road Port-Harcourt, Rivers State. A few weeks after Mrs. Osayi Sule briefed you, Mr. Charles Duru came to you inform you of his interest in, and asking that you negotiate the purchase of, 10, Trans Amadi Road on his behalf. Enefaa George gave Mrs. Osayi Sule the Abstract which, she handed over to you. The Abstract revealed as follows:
i. The land was acquired by Chief Saturday Woluchem from the government of Eastern Regeon in 1953.
ii. Chief Saturday Woluchem constructed a one-storey building on the land in 1964.
iii. Chief Woluchem died in 1978 leaving a Will in which he devised the house to his twin sons —-Valentine and Williams and his daughter, Grace, a minor. He appointed his wife, Mrs. Nehita Woluchem and his brother, Mr. Anthony Woluchem the Executors and Trustees of his Will.
iv. Chief Woluchem’s will was successfully proved in 1980.
v. In December 1993, Valentine’ bought a house in Garki Abuja with a loan of N5mllllon he obtained from Afribank, Wuse Branch, Abuja using the house at 10, Trans Amadi Road, Port-Harcourt as security for the loan.
vi. Valentine died in 1999.
Now answer the following questions:
a. Draft the document Mrs. Osayi Sule needs to execute in your favour to enable you carry out her instructions to you.
b. Draft at least four (4) requisitions you will raise on the Abstract submitted to you.
c. Mention at least five (5) matters to be included in your search report.
d. What is your professional responsibility in respect of Chief Charles Duru’s instructions to you?
e. What are the options open to Access Bank Plc in creating a legal mortgage.
f. Which option is preferable? Give reasons for your answer.
QUESTION 5 (a)
Abu King Esq. has the following displayed on his signboard “King & Co (Finest Advocate Excellent Solicitors, Quintessential consultants of the Supreme in Nigeria”. On a certain afternoon, Alhaji Aliyu walked into his office for the time and since he was busy, he asked Alhaji Aliyu to wait in the office of one of the Junior Counsel. An hour later, Abu King summoned Alhaji Alliyu and conducted the following interview with line.
“King: Yes, any problem?
Aliyu: I actually want a power attorney to ……….
King: (interrupting) – A Power of Attorney may be used to convey your house. Come tomorrow and get one if that is your problem. Bye”
The following day, a Power of Attorney was prepared which reads fully as follows-
KNOW YE All. MEN that the Power of Attorney made this 13th February 2007 between Alhaji A. Aliyu (Vendor) and Mairo Umar (Grantee)
1. The Grantee shall convey my property at No. 2 Gwong Close Kaduna to any purchaser.
2. The Grantee shall pay the purchase price into my account at GSB Bank Plc, and give out the C of O of the property to the purchaser.
Sgd:
_____________
Annan A. Aliyu
_________________
Chichi David (Witness)
No seal was affixed to the document. In exercise of the power, Mairo Umar sold the property to one Madam Bola Aina for N30 million. Form 7 under the RTL was used affect the trasaction, which was presented for registration at the Land Registry, Kaduna. Alhaji Aliu however refused to pay the fee charged by Aby King, and without taking any other step, Abu King instituted an action at the Chief Magistrate Court, Kaduna to recover his professional fees. Meanwhile, Madam Bola Aina wishes to let the property to tenants, but she is ignorant of the types of rent she may charge. She also desires to insert a standard covenant which prevents tenants from assigning the premises without her permission.
Identify and briefly reflect on the issues arising from the above case having regard to the following:
i) Ethical issues involved
ii) Style of managing the Law Office
iii) The interview conducted
iv) The power of attorney in question
v) The method employed to sell the property to Bola Aina
vi) The action instituted to recover the professional fees
vii) The rents Bola Aina could charge on the property
viii) The covenants desires Bola Aina
QUESTION 5 (b)
Chief Aka Balogun concluded a purchase agreement with Chief Biodun over a twin duplex located in Kano for the sum of N150 million. The property was duly assigned to him by Chief Biodun on 10 April 2007. Chief Aka Balogun forgot to register the Deed of Assignment as he travelled abroad immediately after the transaction. On his return to Nigeria, Chief Balogun discovered that he needed money to refurbish the buildings. He later approached Crown Bank Plc for a loan of N50 million which the bank obliged him. Chief Balogun used the property as security for the loan and he executed a legal mortgage with the Bank. Chief Balogun later got another loan of N30million from the same Bank with the same property as security.
Alhaji Giro, a subsequent purchaser of the same duplex from Chief Biodun, promptly registered the deed of assignment which conveyed the property to him. When Alhaji Giro asked his workmen to commence renovation of the twin duplex his workmen were arrested on the orders of Crown Bank PLC. On becoming aware of the interest of the Bank, Alhaji Giro instituted an action against the bank and Chief Biodun the Kano State High Court.
Musa Alhaji, a legal practitioner and an employee of Crown Bank Pl C, represented the Bank as Counsel in the case before the Court. When the case came up for hearing on the adjourned date, Chief Odum, a director of the bank and a legal practitioner represented the bank before the Court as Counsel. The Court made an interlocutory order restraining the bank from entering the property until the substantive suit was determined. This notwithstanding, Musa Alhaji went to the property with some workmen and directed them to install a big gate at the entrance. Answer the ‘following questions:
(a) Advise Chief Aka Bologun on the Implications of his failure to register the Deed of assignment.
(b) What would be your advice to the bank on the step to take to secure the additional loan of N3O million granted to Alhaji Balogun.
(c) Comment on the propriety or otherwise of the appearance in the bank by the following persons:
i. Musa Alhaji
ii. Chief Odum
QUESTION 6
a) Uboma Plaza situate at No. 3, Okigwa Road, Owerri is owned by Chief Dan Obot and is to be leased to Easy Trade Limited for five years at a yearly rent of N100,000 all of which was paid in advance to Mr. Joe Best, Chief. Obot’s Solicitor before the execution of the Lease. Mr. Joe, Best paid the total rent into his personal fixed deposit account and when Chief Obot demanded for the money, Mr. Best pleaded with Chief Obot to give him till the following year as he had used the money to pay his chambers rents and other chambers expenses.
i) Draft the testimonium and execution clauses of the Lease.
ii) Comment on the propriety or otherwise of Barrister Best’s conduct.
b) Mallam Dogo Kimfi is a Director of engineering services in the Federal Capital Development Authority (FCDA), Abuja. He is aware of a Bill currently before the National Assembly which seeks to restrict public officers from acquiring more than one property within the Federal Capital Territory. The Bill also provides for forfeiture of any property acquired in violation of the proposed Legislation. He has instructed his Lawyer Mr. Zamayi to distribute all his other properties within the Federal Capital Territory amongst his grown up children Dogo Jnr, Ramat and Hussein.
(i) What is the instrument of transfer that Mr Zamayi will prepare in order to give effect to the desire of Mallam Dogo Kimfi? Draft the Commencement of the document..
(ii) As the legislative draftsman instructed to draft the above Bill, draft the following clauses in the appropriate order:
A) Enacting Clause
B) Long title
C) Short title.
ANSWERS
NIGERIAN LAW SCHOOL
PROPERTY LAW PRACTICE
MARKING SCHEME
SECTION ONE (A)
QUESTION 1 (a)
. Usual format of a ‘letter to contain:
i) Letter Head/Address of the writer 1 mark
ii) Date-1/2 mark
iii) Ref. No-1/2 mark
iv) Address of the Addressee (Chuks)-1 mark
v) Apt heading.(that captures theme/essence of the letter)-1 mark
vi) Salutation ½ mark
vii) Body of the letter (at least three paragraphs) (2 marks) Complimentary close (depending on hour salutation is couched-
viii) Conclusion —- Yours faithfully/Yours sincerely/yours truly
1/2 mark (Total Nlarlcs-7 marks)
QUESTION 1 (b)
Procedure for investigation of title where the property is located under a place covered by the Conveyancing Act (CA):
i. Collect epitome and Abstract of title from the vendor/his solicitor
ii. Conduct search in the following places, depending on the circumstances — Lands Registry, Probate Registry, Court Registry, CAC Registry, etc
iii. Physical inspection of the property’
iv. Examination of the documents of title submitted by Victor
v. Investigate traditional history/background
vi. Raise Requisition (arising from investigation as stated above)
vii. Write search report
QUESTION 1 (c)
As stakeholder, the solicitor is to hold the deposit for either of the parties to the transaction; He is like an Inter-Pleader, and to surrender same either only to the party entitled to it at the end of the transaction — that is, to the vendor (if the contract succeeds) or the purchaser (if the contract falls through). He will not be liable to pay interest on deposit—–Sorrel v Finch; Potters v. Lopperts. But he is personally liable if he misappropriates the money. Must pay the money into client account, and must not mix it with his personal money. 2marks
QUESTION 1 (d)
The solicitor acting for both parties should ordinarily seek the consent of both parties; and must ensure that:
(i) There is no conflict of interest
(ii) The vendor has good title
(iii) The terms are clear and agreed upon
SMITH v MANSI (3 marks )
QUESTION 1 (e)
The various clauses to be drafted are:
(i) NTRODUCTORY PART:
“THIS DEED OF ASSIGNMENT made this……………….day of………………2009 BETWEEN CHUKS TAYLOR of 10 Silas Street Computer Village, lkeja, Lagos (ASSIGNOR) of the first part; and VICTOR OMATA of 6 Majekondunmi Street, lkeja, Lagos (ASSIGNEE) of the second part (1 mark )”
(ii) OPERATIVE PART:
“NOW, THIS DEED WITNESSES AS FOLLOWS:
Pursuant to the agreement and in consideration of the sum of twenty five million naira (N25m) paid by the assignee to the assignor (the receipt of which the Assignor acknowledges) the Assignor as BENEFICIAL OWNER hereby ASSIGNS to the Assignee ALL THAT PARCEL OF LAND situate at Abule Quarters of Opebi, lkeja, Lagos registered as 92/ 92/1992 in the Lands Registry, Ikeja, Lagos, more particularly described and delineated in the Survey Plan No……….. dated and drawn by ……………………………., Licensed Surveyor, which is attached to the schedule to this Deed TO HOLD UNTO the Assignee for the term unexpired term of the Right of occupancy subject to the LAND USE ACT.”
TOTAL MARK – 4 MARKS
QUESTION 1 (f)
Documents required to process Governor’s consent:
(i) Duly completed Application for Governor`s consent Form (Form 1 C)
(ii) Covering letter
(iii) Tax Clearance certificate for the parties
(iv) Dead of assignment duly executed by both parties
(v) CTC of the Original title deed
(vi) Receipt for payment of consent fee, Registration fee, development levy, Tenement rate/land use charge, etc
(vii) Survey plan
QUESTION 1 (g)
His professional fees acting for Chuks is as follows (the steps must he
following)
a. 1st Step: 1000/100 x 22.5/1 = N255
b. 2nd Step: 2000/100×3.75/1 = N75
c. 3rd Step: 17,000/100×3.62/1 = N615.40
d. total fees = N699440 + N615.40+N75N225
fess form Chuks: N700,355.40
His professional fees acting for Chuks is a follow (the steps must be followed)
a. 1st step: 1000/100×22.5/1 = N225
b. 2nd step: 2000/100×3.75/1 = N75
c. 3rd step: 17,000/100×3.62/1 = N615.40
d. 4th step: 24,980,000/100×2.80/1 = N75+N225
e. Total fees =N703,440.00+N615.40+N75+N225
fees from Chuks: N705, 335.40
5 marks (each of the steps 1 mark)
QUESTION 2 (a) (i)
(i) The solicitor, in the course of investigating the title of Madam Kate, should visit:
(1) Land registry (AGIS)
(2) The Land itself
(3) The probate registry
(4) Corporate Affairs Commission
4marks
QUESTION 2 (a) (i)
Gboola Udemadu & CO
LEGAL PRACTITIONERS
12, ASAM STREET, IKEJA, LAGOS
08029000007, yudabet09034@yahoo.com
Date: 11 August, 2009
Professor Ugo Ekanem,
33 Isale Eko Street,
Dolphin Estate,
Ikoyi, Lagos.
Dear Sir,
SEARCH REPORT ON THE BLOCK OF SIX FLATS LOCATED AT 45, ISHERI STREET, IKEJA, LAGOS STATE
Kindly refer to your letter dated 24 November 2011, ref no: pue/2345/2011 on the above heading and find below our report of the search.
1. Date of Search: 14 August 2009
2. Places of Search: AGIS (Land Registry, FCT)
3. Name of Owner: Madam Kate Samuel of …………………………….
4. Nature of Title: statutory right of occupancy
5. Particulars of Property: (insert particulars of the property)
6. Encumbrances: EXISTING MORTGAGE WITH STANITIC IBTC BANK, MIAITAMA, ABUJA
7. Comment/Advice: Transaction not advisable unless loan is discharged
Thanks, sir, for your cooperation.
Yours faithfully,
Gboola Udemadu Esq.
QUESTION 2 (b)
The Clause to he inserted is:
Acknowledgment of right of assignee to production of the original documents, and safe custody
QUESTION 3
a) They need to apply for letters of administration – 1 mark
b) The answer would be different because application for Letters of Administration with the will annexed is relevant in the following circumstances:
(i) Testator died TESTATE and
(ii) Any one or more of the following happens:
A) Not appointed an executor in the will, or
B) Executor appointed in the will predeceases the testator
C) Executor appointed in the will is infant
D) Executor appointed in the ‘will is mentally incapable
E) Executor appointed in the will renounces probate
3 marks
c) Administration of Estate by the Administrator-General is necessary in any of the following circumstances:
(i) Where there is specific request for the office of the Administrator-General to administer the estate `
(ii) Where the estate is unrepresented
(iii) Testator appoints administrator-General as sole executor. See s.2 AEL Lagos
1 Mark
d) Even though the law permits appointment of sole executor, yet it is not advisable, because the estate may become unrepresented as a result of the following:
(i) Where the sole executor predeceases the testator
(ii) The sole executor renounces probate
(iii) The sole executor is incompetent on grounds of age or mental capacity
1 ½ marks
The appointment of Taiwo would be improper if he is a minor at the time of applying for probate as minor will not granted probate. in which case, letters of administration with will attached will be granted to another person (like the guardian of the minor)
2marks
e) Executor appointed by the testator is entitled to be granted probate ½ mark
f) The type of probate to be granted is PROBATE IN SOLEMN FORM. The procedure for grant of probate is as follows:
i. Search and discovery and reading of the Will
ii. Application for probate by the executors and payment of relevant fees
iii. The application will be advertised in the government gazette/newspaper.
iv. The brothers file a CAVEAT, challenging the application/grant
v. The applicant is expected to serve a notice of warning on the caveator
vi. The caveator will file a notice of appearance to the citation
vii. Probate action —- There will be action in court to determine the objection to the will.
viii. Grant will be made depending on the outcome of the probate action
DAN-JUMBO DAN-JUMBO (4 marks)
g) The Rules of Professional Conduct in the legal profession mandates a legal practitioner to observe the rule of law, not to encourage breach of rule of law. It is professional misconduct to encourage the client to under value the properties involved in the estate- (Rule RPC) ( 2 marks)
SECTION TWO (B)
QUESTION 4 (a)
POWER OF ATTORNEY
BY THIS POWER OF ATTORNEY made this ……. day of ……………….., 2012, I, OSAYI SULE
(MRS) of 5, Obukoko, Sapele, Delta State (DONOR) hereby APPOINT ………………………….. of ………………… (DONEE) to be my lawful attorney and on my behalf and in my name to do all or any of the following:
1. …………….
2. ………………………
3. …………………………..
4. AND to do all and any other things and to exercise all other powers as are necessary and incidental for the carrying out of the powers created above.
IT IS DECLARED that this Power of Attorney shall be irrevocable for a period of six (6) months from the date of its execution
IN WITNESS OF WHICH I, the Donor, has executed this Power of Attorney in the manner below the day and year first above written
SIGEND, SEALED, & DELIVERED by the DONOR
————————-
MRS OSAYI SULE
IN THE PRESENCE OF:
NAME:……………………………………………………………..
ADDRESS:……………………………………………………….
OCCUPATION:NOTARY PUBLIC
SIGN:…………………………………………………………………
QUESTION 4 (b)
Requisitions to be raised include:
(i) What kind of title (interest) was granted by the Eastern region in 1963?
(ii) Is Chief Woluchem the same as Chief Saturday Woluchem
(iii) Was the gift in the will of Chief Woluchem expressed to bring joint ownership or were there words of severance?
(iv) Was there any Deed of Partition
(v) How did Enefaa George get the property
(vi) Was the mortgage by Valentine, one of the beneficences of 10, Trans-Amadi road, Port-Harcourt, with the consent of the other Beneficienries
(vii) Would the probate of the will of Chief Woluchem the made available?
(viii) Has the mortgage been discharged?
Any 4 of the above will do.
QUESTION 4 (c)
Matters to be included in a search report are as follows:
i. Date of search
ii. Place of search
iii. Owner of property
iv. Nature of interest
v. Whether there is encumbrance
vi. Comment/Advice by the solicitor
5 marks (1 mark each)
QUESTION 4 (d)
Having been instructed by Mrs Osayi Sule to represent him in the negotiation for the purchase of the land at of 10, Trans–Amadi Road, Port-Harcourt, he needs to disclose the earlier instruction and advise him (Mr Duru) to seek another solicitor so that he (the lawyer) does not commit a breach of his professional duty as a solicitor to a client under the Rules of Professional Conduct in the legal profession Rule 17, RPC (4 marks)
QUESTION 4 (e)
Since the property is located in Port Harcourt, Rivers State, which is under the CA, the options open to the bank in the creation of a legal mortgage is either:
(i) Assignment
(ii) Sub-demise
(iii) Statutory charge/mortgage (s.26, C.A) (3 marks (1 each)
QUESTION 4 (f)
On behalf of the bank, the preferred option should be by legal mortgage by assignment this is because:
(i) The bank will have power to see all the unexpired residue in the case of default in repayment
(ii) The bank will have the right to retain the original title documents
(iii) The bank will be able to enforce beneficial covenants in the head lease (if the title of the mortgagor is leasehold)
QUESTION 5 (a) (i)
The signboard displaying the Law office in the manner adopted by Abu King Esq Offence the Rule of Professional Conduct in the Legal Professional which required such notices to be of sober nature this may be an infamous conduct in a professional respect – RULE RPC
1 Mark
QUESTION 5 (a) (ii)
Asking the client to wait in the office of one of the junior counsel was improper. The client should had wanted in the reception room provided for clients and visitors and not the office of one of the counsel.
QUESTION 5 (a) (iii)
The interview conducted falls shorts of the required standard/stages for interview of listening questioning and advising in the instant case Specific faults:
(i) there was not introduction
(ii) client was not made to relax in the course of the interview
(iii) Solicitor interrupted client while speaking and did not wait for him to complete this story
(iv) there was nor proper advice given to the client
(v) he did not end the interview well
1 mark (any two point)
QUESTION 5 (a) (iv)
The power of attorney has the following defects:-
– The commencement cause is archaic. Should have read: BY THIS POWER OF ATTORNEY or THIS DEED OF POWER OF ATTORNEY.
– Parties were not properly described: use of vendor and grantee is inappropriate (should be donor and done)
– No appointment clause
– It was not made by Deed as required by law, so that it would be able to authorize the done to execute a Deed — ABINA v FARHET
1 ½ marks
QUESTION 5 (a) (v)
RTL Form 7 was wrongly employed since the property is in Kaduna, under the CA. Deed of Assignment should have been employed. Form 7 operates only under the RTL, Lagos.
QUESTION 5 (a) (vi)
It was wrong to proceed to court for recovery of professional fees without first fulfilling the conditions precedent to an action in court in such circumstance. Besides, Magistrate Court has no jurisdiction to entertain such action —— S.16,LPA
Proper procedure for recovery of professional fees;
(i) Prepare and sign a Bill of Charges, addressed to the client
(ii) Serve the Bill of Charges on the client, personally or to his last known address.
(iii) Wait for a period of one month to elapse from the date the Bill was served.
(iv) Apply to the HIGH COURT of the State where the solicitor has his firm
See 5.16, LPA; Oyekanmi v. NEPA, FBN v. Ndoma-Egba
2 _marks
QUESTION 5 (a) (vii)
Rents she could charge:
(i) ground rent;
(ii) rack rent;
(iii) premium.
1 marks .
QUESTION 5 (a) (viii)
The covenant may be drafted as follows-
2
“THE TENANT/LESSEE” COVEVANTS WITH THE LANDLORD/LESSOR
NOT TO ASSIGN, SUB-LET OR OTHERWISE PART WITH POSSESSION OF
THE DEMISED PREMISES OR ANY PART OF IT WITHOUT THE PRIOR WRITTEN CONSENT OF THE LANDLORD/LESSOR, SUCH CONSENT NOT TO BE UNREASONABLY WITHHELD IN THE CASE OF A RESPECTABLE AND RESPONSIBLE PERSONS.”
QUESTION 5 (b) (i)
Effect of failure to register the Deed:
(1) Interest acquired will only be equitable
(2) Deed is not admissible in court as an exhibit to prove title —S,15, LIRL; Ogunbambi v Abowab
(3) His interest losses priority against other registered Deeds on the same property — S. 1G, LRL; Fakoya v St. Paul’s Church Sagamu; Okoye v Dumez Nig Ltd
(4) May pay penalty for late registration (2 marks)
QUESTION 5 (b)(ii)
The step t take is to apply for UP-STAMPING. That is, by up-stamping the Deed to cover the additional facility –Owoniboys Tech. Services Nig. Ltd v. UBN.
QUESTION 5 (b) (iii)
(A) Musa Alhaji, being an employee of the bank (in-house solicitor) he is prevented under the RPC (Rule 8) from appearing to represent the company as an advocate
(B) Chief Odum, being a Director (an employee) of Crown Bank Plc, is prohibited by the
RPC from representing his employer in court – Rule 8, RPC.
In both cases, Crown Bank Plc should be represented by external solicitor.
5. Marks (1/2 mark each)
QUESTION 6 (a) (i)
IN WITNESS OF WHICH the parties have executed this Deed in the manner below the day and year first above written.
SIGNED, SEALED & DELIVERED
by the within-named ASSIGNOR:
_______________
CHIEF DAN OBOT
IN THE PRESENCE OF:
SIGNATURE: ………………………………………………
NAME: ………………………………………………………
ADDRESS: ………………………………………..
OCCUPATION: ……………………………………………..
THE COMMON SEAL OF EASY TRADE LIMITED WAS AFFIXED TO THIS DEED AND THE DEED WAS DULY DELIVERED IN THE PRESENCE OF :
…………… ………………
DIRECTOR SECRETARY
4 marks
QUESTION 6 (a) (ii)
Counsel owes fiduciary duty as well as duty to action in good faith to his client. Under Rule 23 of the RPC, 2007, it is a professional misconduct for Counsel or solicitor to convert or misappropriate client’s funds or use client’s funds for his personal benefit. Mr. Best`s conduct is a breach of the RPC in the legal profession ——- 3 marks
QUESTION 6 (b) (i)
DEED OF GIFT- 1 mark
QUESTION 6 (b) (i)
(A) LONG TITLE:
“A BILL FOR AN ACT TO RESTRICT PUBLIC OFFICERS FROM ACQIUIRING MORE THAN ONE PROPERTY WITHIN THE FEDERAL CAPITAL TERRITORY AND FOR PURPOSES CONNECTED THERETO” (2 marks)
(B) ENACTING CLAUSE:
“Enacted by the National Assembly of the Federal Republic of Nigeria as follows:
OR
“The National Assembly of the Federal Republic of Nigeria enacts as follows:”
—1 mark
(C). SHORT TITLE:
This Act may be cited as Public Officers (Property Acquisition Restriction) Act, 2009
1 Mark
