NATIONAL OPEN UNIVERSITY OF NIGERIA
14/16 AHMADU BELLO WAY, VICTORIA ISLAND, LAGOS
FACULTY OF LAW
2018 _1 EXAMINATION
COURSE CODE: LAW 422
COURSE TITLE: LAND LAW II
INSTRUCTIONS: ANSWER ANY FOUR QUESTIONS IN ALL. QUESTION 1 IS COMPULSORY AND CARRIES 25 MARKS. ANSWER ANY THREE OTHER QUESTIONS IN ADDITION
1. Diamonds have just been discovered behind the royal palace in Bagradi – a town in Igbo State of Nigeria. Umbopa, the traditional ruler of Bagradi holds dual Nigerian/American citizenship and has property in Texas, US from which he collects royalties from oil companies who prospect for and explore shale oil on his property. He has invited De Beers Diamond Company in South Africa to apply to the Bagradi Council of Chiefs for permission to mine the diamonds and pay the Bagradi community. He proposes to share the profit 70/30 between his family and the community but the Council of Chiefs are demanding 50/20/10 for his family, the community and the council of chiefs respectively.
i. Advise De Beers Diamond Company on the provisions of the Land Use Act on ownership of the Bagradi diamonds and procedure for exploring same.
ii. Advise Umbopa on Bagradi’s rights to the proceeds of the exploration and payments due to the Bagradi community under the statutory principle of derivation.
iii. Comment on the sharing formula proposed by the council of chiefs in the light of the Land Use Act, bearing in mind that the diamonds were discovered behind the royal palace.
2. Abubakar is a vocal supporter of government intervention to provide reserve grazing land for herdsmen in all states of the federation. He justifies his support with the following quote which he says is the exact position of the law:
‘all land comprised in … the Federation are vested ….. and such land should be held in trust and administered for the use and common benefit of all Nigerians…’
Advise Abubakar on the actual provision of the law that he has quoted, pointing out what Abubakar has left out and the implication of an order from the Federal Minister of Agriculture compulsorily acquiring 500 hectares of land for grazing purposes.
3. Ronaldo rented a duplex from Pele for a term of two years from February 1st 2017. Rent was fixed at N2 million payable in two equal instalments of N1 million every six months. About 9 months after Ronaldo moved in, he received a letter from Messi, Pele’s son. The letter read:
27th November 2018
To: Ronaldo, Footballer/Millionaire, Real Madrid FC
Please pack your things and go. We want to use our house. Make sure you leave before next Valentine’s day. I have planned a Valentine’s party to end all and I will not entertain any disappointments!
Good luck,
Messi.
Ronaldo has come to you for advice. Advise him on his rights
Advise on the following
a. Charles mortgaged his property for a loan from Crystal Bank. The loan was repayable within 2 years commencing on 2nd February 2016. He was unable to pay back before the due date and Crystal bank wrote his a letter dated 5th February 2018 informing him of forfeiture. He was able raise the money from friends and family and has approached Crystal Bank to repay the loan with interest on 5th June 2018.
b. Following the foreclosure of Xavier’s mortgage by Apex Bank, Akin, Chairman of Apex Bank arranged for the Xavier’s property used as security to be sold to him at less than 50% of the actual value of the property.
c. New Life Mortgage Bank appointed Charles receiver for property foreclosed from Mary. Mary has written to Charles demanding that Charles render account for rents received from the property.
Write short notes on the following:
a. Mesne Profits
b. Determination by surrender
c. Exclusive possession
a. Chief Guru recently died leaving 2 wives, one mistress and 3 children (one child from each woman). While he was alive, all three women and their children lived with him in his property on which there was a storey building and a 3 room boys quarters behind the storey building which was accessible through the side of the storey building. The eldest wife and her child lived upstairs with him, the 2nd wife lived downstairs with her child and the mistress lived in the BQ with her child. In his will, he gave each women/child the flat in which they lived as inheritance. The first and 2nd wife have connived and fenced off the only access point to the BQ, contending that it is part of their inheritance. Advise the parties.
b. Distinguish between a licence and a grant.
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