Tuesday, 17 November 2015

ANSWERS TO THE TASK ON PROPERTY LAW AND PRACTICE

NIGERIAN LAW SCHOOL
LAGOS CAMPUS

2015/2016 (NOVEMBER) SESSION
ANSWERS TO THE TASK ON PROPERTY LAW AND PRACTICE
(WEEK 3)
GROUP 2

Question 1
The various property law practice jurisdictions in Nigeria and specific states include:
-         Conveyancing Act of 1881: This applies to all other states where the Property and Conveyancing Law (P.C.L) does not apply. It applies to all Northern States and Eastern States, though subject to the availability of the local laws guiding transaction in land.
-         Property and Conveyancing Law 1959: areas covered are Delta, Edo, Ekiti, Osun, Ondo, Ogun, Oyo(Old Western Region ) States.
-         Registration of Title Laws 2004: areas covered are Victoria Island, Ikoyi, Lagos |Island, Obalende, Surulere, Apapa, Ebute Meta, Yaba, Badagry, part of Mushin and part of Shomolu.

Question 2
·        Mr Bashir Kitunde   -Mortgagor
·        Skye Bank PLC         -Mortgagee

The second scenario is a lease transaction and the parties to the transaction are:
·        Mr. Bashir Kitunde  -Lessor/Landlord
·        Ogui Fish Farmers    -Lessee/tenants
The third scenario is a mortgage transaction and the parties to the transaction are
·        Mr. Bashir Kitunde  -Mortgagor
·        GT Bank                    -Mortgagee
The fourth transaction is an Assignment of land and the parties are
·        Mr. Bashir Kitunde  -Vendor
·        Lord’s Chosen Church        -Purchaser
The fifth scenario is a tenancy agreement and the parties are
·        Mr. Bashir Kitunde  -Landlord
·        Alhaji Kam Saliu      -Tenant
The sixth scenario is grant of Power of Attorney and the parties are
·        Mr. Bashir Kitunde  -Donor/Principal
·        Mr. Don Padu            -Donee/Attorney
The seventh scenario is a WILL and the parties are
·        Mr. Bashir Kitunde  -Testator       
·        Mrs.Uju Kitunde, Miss Jane Bom, Mr.LekeJibril, Mr. Duke Obey, Miss Aminat Kitunde  -Executors
Question 3
S/N
Transactions
Applicable Laws
Taxes
1
Mortgage
MCL of Lagos State 2014, Land Use Act,
Stamp Duties,
2
Lease
Conveyancing Act 1881,
Stamp Duties, Capital Gains Tax
3
Assignment
Land Use Act 1978, Registration of Title Law,
Capital Gains Tax, Stamp Duties
4
Tenancy
Conveyancing Act 1881, Statute of Frauds 1677,

5
Power of Attorney
Property and Conveyancing Laws
Stamp Duties
6
Wills
Wills Law of Lagos State,
Personal Income Tax

C) AUTHORIES
i. Stamp duties payable to Federal Inland Revenue Service.
ii. Capital Gains Tax - payable to Federal Inland Revenue Service.
iii. Personal Income Tax - Lagos State Inland Revenue Service.

Question 4
The parties in the various transactions may be advised thus;
i.                    The deed of mortgage is to be prepared by the mortgagee’s solicitor in the first scenario.
ii.                 Deed of lease is to be prepared by the Lessor’s solicitor in the second scenario.
iii.               The deed of mortgage is to be prepared by the mortgagee’s solicitor in the third scenario.
iv.               The vendor’s solicitor is to prepare the deed of assignment of sale of land in the fourth scenario.
v.                  The landlord’s solicitor is to prepare the tenancy agreement in the fifth scenario.
vi.               The donor’s solicitor is to prepare the deed of attorney in the sixth scenario.
vii.             The testator’s solicitor is to prepare the will in the seventh scenario.

 

Question 5
1.      To advice the client appropriately according to the applicable law to a given situation- NBA V Akintokun (2006) All FWLR (PT 133) 1720
2.      To prepare a document having regard to the applicable law to that document- Olufintuyi V Barclays Bank (1995) NMLR 142
3.      Throughout the representation of his client, a solicitor should observe and apply the relevant law to a particular situation.
4.      Carefully make use of precedents and not to wholly adopt their contents to the documents under draft.
5.      Demonstrate competence and expertise in handling a particular transaction and not to draft the wrong one that will contrast with the instruction given.
6.      Apply appropriate law to appropriate transactions.
7.      Duty not to disclose confidential information- Rule 19 of RPC.
8.       Duty not to undertake transactions which he has an interest - Rule 17 RPC.
9.      He should represent the client diligently - Rule 15 RPC.
10. Duty to deal with his client property with honesty - Rule 23 RPC.
11. He must properly sign all documents - Rule 10 (2) RPC.
12. Duty to use proper stamp or seal when necessary - Rule 10 (1) RPC.
13. Duty to account for money received by the counsel from the client. NBA V Iteogu (2006) All FWLR (pt 333) pg 1662.

Question 6
 (a) The grant that will be obtained in respect of his estate will be Grant of Probate and Letter of Administration of Estate from the Administration of Estate and Probate Division of the High Court of Lagos State.
(b) The persons that would have the responsibility/authority to apply for the Grant of   Probate are: -
·        Mrs Uju Kitunde
·        Miss Jane Bom
·        Mr Leke Jibril
·        Mr Duke Obey.


Question 7
Legally, a lease purported to be created in favour of “Association of Ikeja Dwellers” cannot be valid because the association of Ikeja Dwellers is not a juristic person and as such lacks the requisite capacity to enter into such contract. However, the lease can be created on behalf of the association by the natural persons acting on its behalf i.e. Siasia Show and Oliseh Jumbo being the president and secretary can enter into the lease contract on behalf of Association of Ikeja Dwellers.
A lease could be created even where there is a charge on the property. Thefact that a person in possession of land is disturbed by another does not mean he is not in exclusive possession; such possession will only cease to be exclusive where another person is on the land lawfully as decided in the case of Olukoya V Ashiru (2006) ALL FWLR (pt.322) pg.1479 at 1514.



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