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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NATIONAL OPEN UNIVERSITY OF NIGERIA

UNIVERSITY VILLAGE, PLOT 91, NNAMDI AZIKWE EXPRESSWAY

JABI, ABUJA

FACULTY OF LAW

JULY 2017_1 SEMESTER EXAMINATION

 
COURSE CODE:     LAW 422                        COURSE TITLE:     LAND LAW II;
COURSE UNIT       4 UNITS                      TIME ALLOWED:  2 ½ HOURS
INSTRUCTION: ANSWER QUESTION 1 AND ANY OTHER THREE (3). QUESTION ONE IS COMPULSORY AND CARRIES 25 MARKS. OTHER QUESTIONS CARRY 15 MARKS EACH.
1.      Osama is the owner of a large expanse of land at Kampe city. Osama was already planning to use the land to construct a big industry and has processed some bank loans at an interest. Unknown to him the said land is allegedly to have been compulsorily acquired by government by the revocation of the deemed grant of a right of occupancy earlier granted to Osama. The government wants to use the land to build a hospital and is relying on section 28 of the Land Use Act 1978. For about two years now the government has prevented Osama from using the land. Osama is contesting the revocation. Advise the parties.
2. Write  notes on of the following;
(a) Distinction between grant of statutory and customary rights of occupancy under the Land Use Act.
(b) proprietary interest in land conferred on private individual under the land Use Act.
©.  The essentials of a valid lease.
3. River Kole is on the boundary between the towns of Sako and Denga. Denga  town has no other source of drinking water and they are always complaining that due to the polluting activities of the Sako community the river is always contaminated before it gets to the Denga community. The Sako people discharge all manner of debris into the river. The Sako community insist that they have a right to use the water any how they wish. The two communities are already at war. Critically examine the control and management of water pollution and advise the government.
4. (a) Distinction  between  tenancy  in  common  and joint tenancy
4 (b). Discuss the mortgagee’s right of foreclosure
5. Afe agreed in writing to permit Zachy to erect a boarding on the forecourt of a cottage and to allow him the use of a gable end of another house for a bill posting and advertising station at a  yearly  rent  payable  quarterly.  After 8 months Afe wanted to use the forecourt but Zachy resisted the move arguing that Afe has no such right. Advise both parties.
5(b) In what ways can profit a prendre be extinguished?.
6.  The rights of a Mortgagor under a Legal Mortgage provide sufficient protection for the borrower?  Discuss.
 
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NATIONAL OPEN UNIVERSITY OF NIGERIA

14/16 AHMADU BELLO WAY, VICTORIA ISLAND, LAGOS

SCHOOL OF LAW

MARCH/APRIL 2014 EXAMINATION

Course Code:     LAW422
Course Title: LAND LAW II
Time Allowed: 3 Hours
Instruction: Answer QUESTION 1 and any other 3 questions.
 
1.       In June 2011, the Director-General, Lagos State Bureau of Lands signed a Certificate of Occupancy, which was issued to Chief Kalejaiye Williams over a parcel of land lying at plot 8A, Iderade GRA, Jibowu, Lagos. However in August 2011, another Certificate of Occupancy was issued by the Lagos State Governor to AlhajiKudinyawa over the same property. Comment on the propriety of each of the Certificate of occupancy.
 
a. Examine the terms and conditions contained in the Certificate of Occupancy.
b. Can a certificate of occupancy be tendered in court as proof of ownership of land? Discuss.
 
2.       Mr. Class Rep was granted a right of occupancy by the Delta State governor over a piece of land lying and being at No. 40, Otoribo Quarters, Bomadi, Delta State, which he intends to transfer to Chief Graham Taribo for One Hundred Million Naira. Chief Graham insisted that he would not apply for the consent of the governor. Mr. Class Rep however made the application in January 2011. On 15th August 2011, Mr. Class Rep heard from his friend who works at the Ministry of Land that the consent would be out by 30th September 2011. Mr. Class Rep on that information transferred the land to Chief Graham on 3rd September 2011.
i)  Comment on the legal issues involved in this transaction.
ii) Write explanatory note on the alienation of customary right of occupancy
 
3.       As a result of the rapid development that engulfed Nigeria during the 1960s, it became imperative for the federal government to urgently review the land tenure systems that existed at the time to cater for the needs of the Nigerian citizens. What were the steps taken by the government to achieve its aim and what was the result?
 
4.       a)    There were three types of freehold estate under the non-customary land tenure.
Mention and explain each of them. (7.5marks)
b)  Explain the concept of “four unities” under joint tenancy (5marks)
c)  What are the methods of severance of a joint ownership (5marks)
 
5.       a.     Before an interest can become an easement, it must possess certain
characteristics.  Mention and explain these characteristics. Support your answer
with judicial authorities (7.5 marks)
b.    Mention and explain the species of ‘profits á prendre’. (7.5marks)
 
6.       Answer the following with the aid of judicial authorities;
 
I)                    Adams entered into agreement with Chief Thompson for the use of the vacant space in front of Chief Thompson’s house for Adam’s provision kiosk. Chief Thompson allowed him to place the Kiosk upon the understanding that pay at a yearly rent paid  quarterly  and whenever he needs the space Adams shall be given a One month Notice. Following a disagreement with Adam, Chief  Thompson has given  Adams  one month Notice to remove his kiosk forthwith from the  his property. Adams contends that as a tenant on yearly lease Chief Thompson ought to give him six months Notice.  Advice the parties.
II)
III)                A client has come to you to advise him on the differences between a Legal and equitable mortgage.
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