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08 Nov

2017 NIGERIAN LAW SCHOOL BAR FINALS QUESTIONS AND ANSWERS IN PROPERTY LAW PRACTICE

NIGERIAN LAW SCHOOL
BWARI – ABUJA
BAR FINALS EXAMINATIONS
PROPERTY LAW PRACTICE
TUESDAY AUGUST 15, 2017 TIME ALLOWED: 3 HOURS
INSTRUCTIONS:
THIS PAPER IS DIVIDED INTO TWO SECTIONS. TWO ANSWER BOOKLETS ARE PROVIDED. QUESTIONS FORM EACH SECTION SHOULD BE ANSWERED ON A SEPARATE ANSWER BOOKLET. QUESTIONS 1 AND 4 ARE COMPULSORY. ONE OTHER QUESTION FROM EACH SECTION SHOULD BE ATTEMPTED.
WRITE YOUR EXAMINATION NUMBER ON EACH ANSWER BOOKLET.
SECTION A

QUESTION 1 (COMPULSORY)
Following a successful first year result, the management of Ediye Limited (located at No.2, Alli Baby Face Street, Lekki Phase 1, Lagos) wants to expand the business by opening an outlet inAbuja. The company wants to acquire the unexpired residue of a 6-bedroom duplex with swimming pool facilities located at No. 1657, Zambezi, Abuja from its owners, Chief Chukwudi Moneyman and his wife, Chizoram both of No, 27, Lake Chad Street, Wuse Il, Abuja. The parties have agreed to a price of N350 million.
Answer the following questions:
(a) The Managng Director of Ediye limited has instructed his solicitor, Mr. Caleb Senok, the principal partner in Senok and Senok (Legal Practitiorers) of No. 27, Admiralty Way, Lekki, Lagos, to advise the company on the stages the parties will go through to ensure that the company acquires a good title. The
Managing Director will also like to know two matters that are to be undertaken at each stage. Advise the company.
(b) Assuning that Ediye Limited has instructed you to prepare thhe relevant documents for the parties in the seenario, justify the inclusion of the following clauses:
i. Recital
ii. Receipt clause
(c) Draft the testimoniun and execution clauses of the document in (b) above.
(d) Assuming that after the purchase the company intends to grant a term of two years to Austin and Grace Limited, advise the parties on:
i. The appropriate docuuments that you will prepare for the parties
ii. The conseqences, it any, of not including a Covenant against
assiginment and a user covenant in the document the parties will
execute. Will your answer be different if the property were located in Ikeja, Lagos State?
iii. Draft the commencement cause and the execution clause.

QUESTION 2
Senator Uwaifo Kelechi, now lives at Enugu as a result of his inability to ratain his seat at the last election.
He has decided to engage in the business ot farmng and for this purpose acquired large sums of money to buy the land and machinery needed. He decided to secure a loan instead of an outright sale of his plot of land in Jabi, Abuja, a house at Asaba, Delta State, and two bungalows at Enugu road, Awka, Anambra State. Zenith Bank Plc has aagreed to grant him a loan of 300,000,000.00 using the four of the properties as secuties. Zenith Bank has approached you to negoiate the loan on her behalf. Senator Uwaifo Kelechi, not wanting o expose the fact of his loan to to many people, has decided to also have you represent him in negotiating the loan.
Answer the following questions:-
(a) State the method you will adopt in creating the mortgage in each of the properties in Awka, Anambra State and Asaba, Delta State
(b) Assuming that Zenith Bank wants to consolidate the mortgage list the conditions precedent for the consolidation.
(c) State why you will advise Zenith Bank not to take possession of the mortgaged properties.
ents
(d) Assuming that Senator Uwaifo Kelechi merely deposited his title documents as security, in the event of default, explain the conditions precedent for the Bank to be able to sell the property.
(e) At he conclusion of the transaction, compute your fees using the attached scale of charges.

QUESTION 3
Chief Mazi Obiefuna of Ogbulafo Kingdom, Enugu State, Owns ten (10) acres of land at No. 13, Agbani Road Enugu State which he partitioned into two parts of five acres each. The partitioned plots were numbered PLOT 13A, Agbani Road and PLOT 13B, Agbani Road, covered by a certificate of occupancy dated May 13, 1984 registered as 13/05/84
Chief Mazi Obiefuna granted the unexpired residue of his interest in Plot 13A, Agbani Road to Igwe Nkemdili Okon in consideration of one hundred cows and fifty gallons of palm wine, without executing any document. The transaction was witnessed by Andrew Chidiebere (a palace guard).
On August 5, 2016, Chief Mazi Obiefuna granted a term of six years in respect of Plot 13B, Agbani Road to Royal Blue Nursery and Primary School (a non Govemmental Organisation) at the rate of N2,000,000.00 per annurn.
Answer the following questions:-
a) Identify the transactions; the parties, their status as we as the documents to be executed by the parties.
b) Comment on the validity or othecrwise of the transaction in respect of PLOT 13A, Agbani Road, Enugu.
c) Assuming the transaction in respect of Plot 13A, Agbani Road, Enugu is valid, comment on the disadvantages of the transaction
d) Draft both the operative and the concluding parts cf he final document to be executed in respect of Plot 13 Agbani Road, Enugu.
e) Assuming that you are the legal practitioner to Chief Obiefuna:
i. List at least five ethical duties you owe him in respect of the transction in Plot 13B, Agbani Road, Enugu.
ii. State at least five factors that will aid the validity of the
transaction in respect of Plat 13B, Agbani Road, Enugu.

SECTION B
PLEASE USE ANOTHER BOOKLET FOR THIS SECTION
________________________________________________________________
QUESTION 4 (COMPULSORY)
Mr. Imnam Oluwole Odukoya, a Muslim of No. 3 Oba Akran Street, Ikeja, Lagos State, married Hajia Marian Odukoya at the Central Mosque, Idumota, Lagos, on December 25, 1982. The marriage is blessed with four children: Mohammed (35 years), Mariam Jnr. (32 years), Khadi at (30 years) and lbrahim (26 years). By a
Will dated January 20, 2015, Imam Oluwole Odukoya made the following dispositions:
(i) I appoint my wife Hajia Mariam Odukoya and all our children -Mohammed, Mariam (Jnr), Khadijat and lbrahim as the executors/executrixes of my Will.
(ii) I give my house at No. 20 Herbert Macaulay Way, Yaba, Lagos State to my witee for life and thereafter to my children in equal shares.
(iii) I give the sum of N2 mllion in my Unity Bank Plc, Ikeja Branch Current Account No. 0034567810 to my ciildren in equal shares.
(iv) I give the sum of 1 million to the Islamic Religious Rights Ambassadors, Lagos.
(v) I give the remainder of my properties to all my chilclren in equal shaes,
On February 5, 2016, Mr. lmam Oluwole Odukoya died at the Lagos State University Teaching dospital, Ikeja,.Lagos State
Answerr the following questions:
(a) Highlight the information you would have required from Mr. Imam Odukoya in order to prepare his Will and give reason(s) why the information is nccessary,
(b) Assuming that paragraph (i) above is omitted from the Will of Mr Imam Oluwole Odukoya, comment on the effect of the omission on the Will?
(c) Comment on the propriety of Mr. Imam Oluwole Odukoya’s disposition of his property the way he did in this scenario as a Muslim.
(d) Assuming that the 2 million given to the children of Mr. Imam Oluwole was found in his Savings Account instead of the Current Bank Account mentioned in his Will, state the effect, if any, on the legacy
(e) Assuming that Hajia Mariam Odukoyà died before her husband, comment on the ettect of her death on the devise to her in paragraph (1) of the Will.
(f) Complete the attached Probate Form (Oath of Executor)
(g) Comment on the importance of attaching Bank Certiticate to an application for the grant of Probate /Letters of Administration.

QUESTION 5
Mr. Timi Abakpa, a client of Adetola, Ibrahim and Associates, lives at No. 19 Levis Road, Abuja. He owns Plot H9 Ray Avenue Lagos with title No. K4/929/LA. He bought the property in 2015 from Engr. Dumebi Akata of No. 26 Enang Road, Benin City, at a price of N25 million. Mr. Abakpa has built a four (4) Bedroom Duplex and another Two (2) Bedroom flat on the land.
He requires funds to complete his Events Centre Project and has used the Four Bedroom Duplex as security for a loan of N50 million from Hippy Bank Plc. Mr. Abakpa has agreed to sell his three om flat at No. 63 Hill Road, Asaba to Dr. Onikepe lyayi of No. 14 Borbor Road, Uyo at a price of N65 million..
ln July 2016, Mr. Abakpa granted a term of five years to ZMZNigeria Limited of No.16, lbafo Avenue, Ibadan in respect of the two bedroom flat at Plot H9 Ray Avenue, Lagos at #1.2 million per annum.
The Law Film has assigned you to handle the brief. Answer the following questions:
(a) Identify the various transactions in the above scenario
(b) Mention the various instruments to be executed by the parties in respect of each of the transactions identified in (a) above.
(c) Mention four applicable laws for each of the identified transactions in (b) above.
(d) Assuming that you are the Solicitor to Engr. Dumebi Akata and he has refused to pay your professional fees, state the procedure you will adopt to recover your fees.
(e) Draft the introductory part of the instrument to be executed in respect of the transaction betwcen Mr. Timi Abakpa and ZMZ Nigeria Limited

QUESTION 6
Mr. and Mrs. Eno Boroface of Plot 254, Allen Avenue, Ikeja, Logos have agreed to sell their property at No. 58 Costain, lbadan, Oyo State, covered by Certificate of Occupancy No. 111/17C/2011 to Chief Magnus Ikeji of No. 4C Ebo Close, Iwo, Osun State for the sum of N25 million only. Chief Magnus lkeji Paid the sum of #2.5 million as deposit to Mr. and Mrs. Boroface’s Solicitor, (Udeme U. Udeme) and was issued a purchase receipt by the couple, against the advise of their Solicitor.
Answer the following questions:
(a) Commcnt on the validity of the purchase receipt issued by Mr. and Mrs. Boroface, assuming that the couple decided to sell to Mr. Allen Ikenga and no longer Chief Magnus Ikeji
(b) Assuming that you were given the following docunénts by Mr. and Mrs. Boroface
(i) A deed of conveyance dated 15/7/1960 betweeñ Olumuyiwa Family of llu Buredi, Isale area of Ibadan and Oloye Abarida of No. 2 Eko Street, Ibadan;
(ii) An Assent dated 10/3/1979 in which No. 58 Costain, Ibadan was vested in Mrs. Boroface (as the sole surviving child/beneficiary of Oloye Abarida
(iii) A deed of mortgage dated 21/ /2001 between Mr. and Mrs. Boroface and Mega Bank PIc; and
(iv) A Certificate Of Occpancy evidencing a grant of Right of Occupancy to Mr. and Mrs. Eno Boroface by the Oyo State Government.
Raise at least 2 requisitions in respect of No. 58 Costain, Ibadan from the above documents.
(c) Mention three reasons why you will advise Mr. Allen lkenga to investigate title to the property.
(d) Assuming that you are the Solicitor to Mr. Allen Ikenga, highlight the matters you will include in the search report in respect of the transaction.
(e) Explain the steps you will take to perfect Mr. Allen lkenga’s title, assuming a Deed of Conveyance in respect of the transaction was prepared by you.

COUNCIL OF LEGAL EDUCATION
NIGERIAN LAW SCHOOL
BAR PT II EXAMINATIONS
AUGUST 2017
PROPERTY LAW PRACTICE
MARKING SCHEME
SECTION A
QUESTION 1( COMPULSORY)
(a) The transaction is a sale of land. The stages in contract of sale and the activities involved therein are:
i. The Pre-Contract Stage
– Preliminary inquiries
– Negotiation of price
ii. The Contract Stage
– Agreeing on terms of the sale
– Preparation and execution of the Formal Contract of Sale
– Exchange of contract
iii. The post-contract stage
– Deducing of title by the Vendor (or his solicitor)
– Investigation of the title by the Purchaser (or his solicitor)
– Raising requisitions if necessary
iv. The Completion Stage
– Preparation and execution of the Deed of Assignment
– Transmission of all original and relevant documents from the Assignor to the Assignee.
v. The post-completion stage (Perfection)
– Governor’s consent
– Stamping
– Registration

(b)(i)
1. statements in a recital of a document 20 yrs old at the date of contract are presumed to be true. S. 162 E.A.2011
2. It may be used to clear ambiguity in the operative part of a deed. See Ex parte Davies (l886)7QB.D 275 at 286,
3. It estopps parties from alleging a contrary state of affairs and is binding on the parties- Olukoya v. Ashiru, District Bank v Webb(1958)1 All E.R.126..
(b) (ii) Receipt clause serves the following purposes:
1. It is evidence of payment
2. Makes it unnecessary to issue a separate receipt
3. Authority to buyer to pay money to Vendors solicitor
4. It is sufficient notice to a subsequent purchaser for value that consideration has passed.
Sections 54 55 56 CA
Sections 92,93,94 PCL
(c) IN WITNESS OF WHICH the parties have set their hands and seals the day and year first above written.
1 MARK
OR
v. 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 Assignors
(1)___________________________________
MR CHUKWUDI MONEYMAN
(2) ___________________________________
MRS CHIZORAM MONEYMAN

IN THE PRESENCE OF:
Name: ………………………………………………
Address:………………………………………………
Occupation:………………………………………………
Signature:………………………………………………

THE COMMON SEAL OF AUSTIN & GRACE LIMITED (TENANT) was affixed to this Deed and this deed was duly delivered In the presence of:
………………………………. ………………………………..
DIRECTOR. SECRETARY

QUESTION 2
Legal Mortgage
ANAMBRA STATE is within the Conveyancing Act jurisdiction:
(a) Assignment (b) Sub-demise & (c) Statutory Mortgage/Charge.
Delta State is within Property and Conveyancing Law jurisdlction:
(a) Charge by Deed Expressed to be by way of Legal Mortgage
(b) Sub-demise &
(c)Statutory Mortgage/Charge
OR
Equitable Mortgage
There is a uniform way of creating equitable morgage in both Anambra and Delta States. These are:
Deposit of deeds as security for the loan (wlth or without a memorandum of deposit).
• Agreement to create legal mortgage
• Equitable charge of the title deeds.
• Equitable charge of an equitable interest,
(b) The mortgagor must have two or more existing mortgages in favour of the same mortgage.
 There must be a consolidation clause in the mortgage deed
 All the mortgages must be due for redemption.
Section 17 of the Conveyancing Act (CA), 1881; Section 115 of the Property & Conveyancing Law (PCL)
(c) Where the mortgagee takes possession, he (the mortgagee) would be strictly liable to account to the mortgagor for his (mortgagee’s) actlons while in possession
White v. CIty of London Brewery
(d) The mtgagee should apply to tihe High Court for an order for sale oii the property
(e)- MORTGAGOR’S LEGAL PRACTITIONER’S FEES FOR NEGOTIATING LOAN:
For the first N1,000:
1000/ 100 X 11.25/1= N1.12.50
For the second and third N1,000;
2000/100 X 11.25/1 =N225.00
For the fourth N1,000 to N20,000:
17,000/100 X 3.75/1 =N637.50
Remainder without limit:
299,980,000/100 X 2.50/100
= N7,499,500
TOTAL: N112.50 + N225+ 537.50+ N7,99,500 = N7,5O0,475.00
Mortgagor’s legal practitioner’s fees for negotiating loan = N7,500,475.00
MORTGAGEE’S LEGAL PRACTITIONER’S FEES FOR NEGOTIATING LOAN For the first N1,000
N, 1000:
1,000/100 X 22.50/100 =225
For the second and third N1, 000:
2 000/100 X 22.60/1 = 452
For the fourth N 1, 000 To N20, 000:
17, 000/100 X 7.70/1 =1, 309
For a remainder without limit:
299,980,000/100 X 5.00/1 =14,999,000
Total = 225+452 1,309+14,999,000
=15,000,986
Legal practitioner’s fee for representing both the Mortgagor and the Motgagee is the sum total of the Mortgagee’s fees and half the Mortgagor’s fees
Mortgagor’s fees
= N7,500,47500÷2= N3, 750,237.5
Mortgagee’s fee = N15,000,986.00
The legal practitioner’s total fee is N3, 750, 237.5 + N15, 000,986.00 = N 18751223.5O

QUESTION 3
(a)
TRANSACTIONS:
 Sale of Land and
 Sub-Lease
PARTIES
 Chief Mazi Obiefua of Ogbulafor Kingdom, Enugu State “Vendor/Assignor”
Nkemdili Okon, Purchaser/Assignee”
 Chief Mazi Obiefuna Obiefua of Ogbulafor Kingdom, Enugu State ” Sub-lessor”
Incorporated/ Registered Trustees ot Royal Blue Nursery & Primary School. “Sub-lessee”

DOCUMENTS:
 Contract of Sale Land Agreement/ Contract of Sale of Land/ Sale of Land Agreement
 Deed of Assignment
 Deed of Sub-Lease
(b) Generally, an agreement for the sale of land should be in wrlting to be enforceable.
Therefore, an oral contract of sale of land though not void, is generally unenforceable
However, where the sale of land is under customary law, such contract may be enforceable even though it is oral provided the following conditions are fulfilled:
1. Payment of the purchase price
2. Purcheser is put in possesion; and
3. The transaction done in the presence of witnesses,
Therefore, in view of the fact that the transaction between Chief Obiefuna and Okom did not satisfy the above requirements, the sale of land is invalid.
ODUSOGA V RICKETT; EGONU V EGONU; FOLARIN V DUROJAIYE; ETAJATA V OLOGBO
Chief Obiefuna and Igwe Nkemdili
c) Generally, an’ oral contract is unenforceable. The terms of an oral transacion are difficult to ascertain and therefore the whole transaction is subject to judicial discretion.
d)
In consideration of the rent and covenants reserved in this sub-Iease, the Sub- Iessor as BENEFICIAL OWNER DEMISES to the sub-lessee ALL THAT parcel of land known as Plot 13B Agbani-Road, Enugu, Enugu state covered by Certificate of Occupancy dated 13/05/1984 and regtstered as 13/05/1984 in the Lands Registry, Enugu, Enugu State TO HOLD UNTO the sub-lessee for a term of six (6) years, commencing on 5 Aug ust, 2016 and ending on 4th August, 2022; PAYING annually the Sum of N2,000,000.00 (Two Million Naira) only, clear of at deductions the sum of N2,000,000.0 (Two Million Naira) only (the receipt of which the sub-lessor acknowledges) the first of which has been paid by the sub-lessee to the sub-lessor in advance before the signing of this deed.
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 SUB-LESSOR:
_____________________________
CHIEF MAZI OBIEFUNA
IN THE PRESENCE OF:
NAME: ………………………………………………………
ADDRESS: ……………………………………….. OCCUPATION:…………………………………………….. SIGNATURE:…………………………………………………………….

THE COMMON SEAL OF INCORPORATED TRUSTEES OF THE ROYAL BLUE NURSERY & PRIMARY SCHOOL WAS AFFIXED TO THIS DEED AND THIS DEED WAS DULY DELIVERED
IN THE PRESENCE OF
:………………………………. ………………………………..
TRUSTEE. TRUSTEE/SECRETARY

e) i.
a) Duty to take adequate/suflicient instruction
b) Duty of professional diligence- Rule 16 RPC,
c) Duty of care, dedication and devotion to clients matter
d) Duty to avoid conflict efinterest- Rule 17 RPC
e) Duty to represent the client within the bounds of law — Rule 1 and Rule 15 RPC
f) Duty of professional secrecy & privilege (confidentiality)- Rule 19 RPC
g) Duty to render candid and honest advice at all times
h) Duty to givee the client constant update on the client’s work
i) The lawycr should charge adequate fee – Rules 48 (1) (2); 52 (1) RPC
j) Duty to keep all client’s money in the client account, and to not mix client money with his personal money—Rule 23 RPC
(ANY FIVE)
f)
e) ii.
 Certainty of Terms
 Certainty of Partics
 Certainty of Property
 Exclusive Possession
 Lease Must Be Created In Proper Form
OKECHUKWU ONUORAH; BOSAH V ORJI; LACE V. CHANTLER; UBA V. TEJUMOLA
IDOWU V. WILLAMS; SCARFE v. ADAMS, YAKUBU V. KADUNA FURNITURE COMPANY; UMEZURIKE V GEORGE
S. 67 (2)PCL, S. 4, Statute of Frauds; Ss. 74,-77 LSLRL
ANY TWO CASES)

COUNCIL OF LEGAL EDUCATION
NIGERIAN LAW SCHOOL
BAR PT II EXAMINATIONS
AUGUST 2017
CORPORATE LAW PRACTICE
MARKING SCHEME
SECTION B
QUESTION 4:
(a). Check List of Information that may be required from Mr. Oluwole Odukoya’s
 Particulars oftestator
 Existing will
 Marital status
 Beneficiaries.
 Executors
 Witnesses
 Composition of estate
 Survivorship
 solicitor’s remuneration
 Funeral arrangement
 Debts and liabilities.
 Residuary estate
 Properties disposed to take effect at death
 Properties given out inter vivos
 List of realties
 Particulars of shares and other chose in action
 Priorities in beneficiaries
 manner of distribution
 Alternative beneficiaries
(Any ten) 5 Marks
The above information is necessary to enable the legal practitioner prepare a will that complies with the requirements of the law; and to ultimately ensure that the will reflects the intention of the testator and to avoid being held liable in negligence:
2 Marks

(b) The effect of omission of parapraph (i) from the will of Mr. Imam is that there are no executors appointed in the will. The implication is that application will be made for letters of administration (with will attached) by those entitled.
(c) Generally, a practicing Muslim is subject to the limitation of his right according to Islamic law in the disposition in his will where the Wills Law provides for that. Under the Islamic law limitation, a testator can only dispose one-third of his estate in his will.
However, Mr. Imam Oluwole Odukoya is not subject to the lslamic limitation because the Wills Law of Lagos State only limits disposition of property subject to the customary law applicable to the person and not to Islamic law.
Thus, the disposltlon of his property the way he did as a Musllm is valid.
ADSUBOKUN V. YUNUSA
4 MARKS
(d) The sum of N2m given to the children of Mr. Irnam Oluwole which was not found in the Savings Account but in the Current account will be treated by the court as a general legacy and thus the children will be entitled to the N2m.
2 MARKS
(e) Where a beneficiary dies before the testator, the devise ordinaryly fails except where the testator has made a suibstituted gift. However, the death of Hajia Marian Odukova before her husband should not result in the fallure of the devise because it is a life interest with substituted beneficiaries (the children of the testetor). The house should go to the children of the testetor.
2 MARKS
(f) COMPLETED PROBATE FORM 6 MARKS
(g) The importance of attaching BANK CERTIFICATE to an application for the grant of Probate/letters of administration is to enable the Probate Registry to determine the monies/ due to the estate and assessment of estate duty payable. 2 MARKS

QUESTION 5
(a) TRANSACTIONS
1. Sale of Plot H9, Ray Avenue, Lagos,
2. Mortgage in respect of 4-bedroom duplex at Plot H9, Ray Avenue, Lagos
3. Sale of 3-bedroom flat at 63, Hill Road, Asaba, Delta State,
4. Lease of 2-bedròom flat at Plot H9, Ray Avenue, Lagos,
1 MARK

(b) DOCUMENTS & (c) APPLICABLE LAWS
1. Contract of Sale / Deed of Assignment
 Constitution of the FRN
 Capital Gain Tax Act
 Land Use Act
 Stamp Duties Act
 Legal Practitioners Act
 Rules of Professional Conduct 2007
 Legal practitioner’s Act
 Legal practitioner’s Account Rules, 1964
 Evidence Act
 Conveyancing Act
 Mortgage Institutions Act
 Value Added Tax Act
 Personal Income Tax Act
 Case Laws
1 MARK

2. Loan Agreement/Deed of Legal Mortgage
 The Constitution of the FRN, 1999 (as amended)
 Land Use Act, 1978
 Mortgage & Property Law, 2010
 Lagos State Land Registration Lavw, 2015
 Land Use Charge law, Lagos
 Companies & Allied Matters Act
 Stamp Duties Act
 Value Added Tax
 Personal Income Tax Act
 Evidence Act, 2011
 The Legal Practitioner (Remuneration for Legal Docurnentation & Other Land mațters) Order, 1991
 Legal Practitioners A.ccount Rules, 1964
 Legal Practitioners Act, 1975 (as amended)
 Rules of Professional Conduct, 2007
 Case Law
1 MARK

3. Contract of Sale /Deed of Assignment
The Constitution of the FRN, 1999 (as amended)
Land Use Act, 1978
Property & Conveyancing Law, 1959
Stamp Duties Act
Capital Gains Tax Act
Value Added Tax
Personal Income Tax Act
Evidence Act 2011
The Legal Practitioner’s (Remuneration for Legal Dounentation
Other Land Matters) Order, 1991
Legal Praçtitioners Account Rules, 1964
Legal Practitioners Act, 1975 (as amended)
Rules of Professi onal Conduct, 2007
Case Law
1 MARK

4. Deed of Lease
The Constitution of the FRN, 1999 (as amended)
Land Use Act, 1978
Stamp Duties Act
Evidence Act
Companies Allied Matters Act
Companies Income Tax Act
Tenancy Law, 2011
Value Added Tax
Personal Income Tax Act
Capital Gains Tax Act
Legal Practitioners Act, 1975 (as amended)
Rules of Professional Conduct, 2007
The Legal Practitioners (Remuneration for Legal Documentation
Other Land matters) Order, 1991
Legal Practitioner’s Account Rules, 1964
Case Law
1 MARK
(d) Steps for recovering professional fees are:
1.The Legal Practitioner prepares and signs the bill of charges.
2. The Bill of Charges is served on the client personally by post or by substituted means.
3 The Legal Practitioner must wait for one month before proceeding to court.
4. If the client fails to pay, the Legal Practi fioner files an action at High Court for recovery of the fees.
Ocean Steainship Ltd: v Sotimin u; Abubakar v Manulu; Oyekanmi v. NEPA; Ifekwe v Madu; S. 16 LLegal Practitioners, Act
1 MARK

INTRODUCTORY PART of the Deed of Lease
THIS DEED OF LEASE is made this….. day of…..2017, between MR TIMI ABAKPA of 19, Levis Road, Abuja (Lessor) of the first part AND ZMZ NIGERIA LIMITED, a company incorporated under the Companies & Alled Matters Act, Cap C20, LIN 2004, and having its registered office at 16, Ibafo Avenue, Ibadan, Oyo State, Nigeria (Lessee) of the second part.
WHEREAS:

2 MARKS

QUESTION 6
(a)
Legal implications of the Purchase Receipt issued and duly signed by Mr & Mrs Boroface:
1. An example of open contract, binding and enforceable by virtue of S. 4 Statute of Frauds; s. 67 PCL).
2. Mr & Mrs Boroface is not entitled to withdraw from the transaction since there is no breach by the purchaser.
3. Mr & Mrs Boroface cannot to deal with the property in any manner inconsistent with their agreement with the purchaser.
4. The Vendor cannot increase (gazump) the price after a binding contract rior can the purchas er reduce (gazunder) the price.
5. Consequently, Chief Magnus keji is entitled to an order of specific performance and damages for breach of contract against Mr & MrS Boroface.
Sanyinna v African Inter. Bank; Kachalla v Banki.
4 Marks
(b)
 Can a copy of the Probate/Letters of Adninistration un respect of the estate oi Oloye Abrida be made availlable?
 How did Mr Boroface become joint awner of the property at 58, Costain, lbadan, Since only Mrs Borofece was the benefciary ?
 Whether the mortgage has been discharged.
(Any Two)
2. MARKS
(c)
o To discover any patent defects.
o To ascertain the genuineness of Vendor’s title to the property and whether there is a good root of title.
o To ensure that the property 1s free from all encumbrances.
o To prevent fraud.
o To avert needess disputes arnd lawsuits.
3 MARKS
(Any Three)

(d)
 Date of Search.
 Place of search.
 Name & address of the owner of the property
 Particulars of the property.
 Nature 0f thè owner’s interest irn the property.
 Encumbrances (if any)
 Comments/Advice/Opinion by the solicitor.
 Signature, name and position of the solicitor in the Law Firm
3 MARKS

(e)
 Goverrnor’ s consent;
 Stamping
 Registration.
3 MARKS

Isochukwu

Quite eccentric really

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