PPL343 TMA

 

Q1 In the case of Aja v. Aja (1972) ECSCR 140, judicial separation was granted on the basis of
exceptional depravity
adultery
wilful and persistent refusal to consumate
All of the above

Q2 The section that prescribes circumstances in which the court may grant leave is
Section 16 (1) (g)
Section 15 (1) (c )
Section 18 (2) (i)
Section 30 (3)

Q3 Feyisayo and Adun met on facebook. It has been proven that Feyisayo has insanity case. In moments of insanity, he beats Adun and her children. At a time, had thrown her baby into a burning fire. Adun cannot live with him anymore because of danger to her life. What section is more applicable for ground of divorce?
Section 16 (1) (g)
Section 15 (1) (c )
Section 18 (2) (i)
None of the Options

Q4 Feyisayo and Adun met on facebook. After two weeks, they got married. Adun discovers that Feyisayo has insanity issues. At the last test carried out on him, the doctor informed Adun that Feyisayo is of unsound mind and is unlikely to recover. In addition, that insanity runs in the family. Adun has filed for a divorce. What section of the MCA would she likely use?
Section 18 MCA
Section 16(1) (d)
Section 15 (2) (c )
None of the Options

Q5 In the case of Akere v. Akere, what was the grounds constituting exceptional depravity ad exceptional hardship?
inordinate sexual demands when the respondent was sick after returning from hospital
physical violence
quarelling and transferring venearal disease
All of the above

Q6 Feyisayo and Adun met on facebook. Feyisayo who lives in London, came to Nigeria by first flight, celebrated the marriage ceremony with Adun and left immediately after the ceremony back to London to attend a job interview while Adun stays back in Nigeria till her visa is procured. He got the job and works 8am to 8pm with no weekends off. The job also does not allow for leave within the 18months of employment. The salary is very attractive and Adun has been enjoying the money. Adun has now filed for divorce on the ground of desertion.
There is a just cause for living apart. She will not succeed
Mere physical separation does not constitute living apart
Adun will not succeed because it is an agreed separation
All of the above

Q7 Feyisayo met Adun on facebook. Two weeks after, they were married. Adun discovers that Feyisayo is a hardened criminal. The law caught up with him and was brought to trial and pleaded guilty. There were 3 count charges of armed robbery, obtaining by false pretence and house breaking. He has been sentenced to seven years for each charge and the senetneces were to be served concurrently. Adun also learns that Feyisayo has undergone frequent conviction. What section of the MCA do you think is applicable?
Section 15 (2) (a)
Section 16 (1) ©
Section 16
None of the Options

Q8 Feyisayo met Adun on facebook. Two weeks after, they were married. Feyisayo drinks 20bottles of beer everyday, and takes hard drugs. Adun cannot bear to live with him anymore and has come to you for advise. What ground would you likely file a petition for divorce?
drug addict
drunkard
habitual drunkenness or intoxication
All of the above

Q9 According to Adeyemi v. Adeyemi (1969) 2 All NLR 18, what kind of evidence is reqired for proof of adultery?
Real evidence
Circumstantial evidence
Documentary evidence
All of the above

Q10 Feyisayo and Adun met on facebook. Feyisayo who lives in London, came to Nigeria by first flight, celebrated the marriage ceremony with Adun and left immediately after the ceremony back to London to attend a job interview while Adun stays back in Nigeria till her visa is procured. He got the job and works 8am to 8pm with no weekends off. The job also does not allow for leave within the 18months of employment. The salary is very attractive and Adun has been enjoying the money. Adun has now filed for divorce on the ground of wilful and persistent refusal to consumate. Will Adun succeed?
Adun will succeed because there is wilful refusal to consumate
Adun will not succeed because the refusal to consumate is not intentional
Adun will not succeed until she is able to show that the refusal was conscious, deliberate and continous afer repeated efforts
All of the above

Q11 Feyisayo and Adun met on facebook. Two weeks, they got married. Feyisayo maltreats Adun, beats her and refuses to provide for the house. Adun has now filed a petition for divorce. As a law student, what is the sole ground for the divorce?
domestic violence
refusal to love, cater and provide for his family
maltreatment
Irretrievable breakdown of marriage

Q12 One of these is an effect of a decree of judicial separation
Neither of the party can be in desertion while the decree is in force
The decree relieves the petitioner from obligation of cohabiting
Where the husband has intercourse with the wife during the period may be guilty of rape
All of the above

Q13 Feyisayo and Adun met on facebook. Two weeks after, they were married. Three months after the marriage, Adun discovered that Feyisayo is not the man she thought he was and seeks a divorce. How may she approach the court for a divorce?
She has to seek the leave of the court
She as an adult can commence divorce proceeding
She should approach her lawyer who will dissolve the marriage
All of the above

Q14 A paramount duty of the court in a divorce provisions, according to sections 11-14 of the MCA is
to ensure that justice is not only done, but manifestly seen to be done
ensure that parties are heard and the children’s welfare is given paramount consideration
that parties are gien opportunity for reconciliation
All of the above

Q15 Frededo, a business guy, deserts his wife Kelechi whom he has lived with for five years in Lagos and relocates to the United States of America. Where is the domicile of Kelechi after desertion?
Lagos
Nigeria
America
None of the Options

Q16 What is the decision of the court in the case of Shyngle v. Shyngle (1923) 4 NLR 94
jurisdiction of marriage is based on where the parties work
jurisdiction is based on domicile
jurisdiction is based on place of birth
All of the Options

Q17 Nkem, married Emeka under customary law. Nkem, on her way to the stream, saw Okonkwo and fell in love. Okonwo entices Nkem to run away with him. Emeka is broken hearted. What right, under customary law does Emeka have against Okonkwo?
Right of action for recovery
File for divorce
Right of action against Nkem’s parents
All of the above

Q18 One of the ways in which a foreigner married to a Nigerian can acquire citizenship is by
birth
marriage
naturalisation
green card

Q19 The decision in the case of Akpan v. Akpan (Suit No WD/12/67 (Unreported), Lagos, 27, July 1968 is to the effect that
The Petitioner has to prove that the impotence of the Respondent is incurable
Failure to consumate the marriage was due to the incapacity of the respondent
The medical inspectors established that the petitioner was able to consumate the marriage
Two of the above

Q20 Jude met Peace, and after three months, they got married at the Registry in Eko Ile. Peace later discovered that Jude is impotent and is incapbable of consumating the marriage. She has come to you for advise on the status of the marriage.
The marriage is voidable
The marriage is void
The marriage is legal and Peace has to carry her cross
None of the Options

Q21  Which of the following cases held that neither party can be criminally held responsible for any offence committed against the property of the other unless the guilty party was in desertion or about to desert the other.
Egunjobi v. Egunjobi
Humponu Wusu v. Humponu Wusu
Asomugha v. Asomugha
All of the options

Q22 Richie and Floxy are married and have a son. Richie abandoned his wife and moves in with Agbeke, his lover. Floxy contracts with British Airways for a two way ticket to Buckingham Palace to watch the crowning of Prince Charles. Richie is threatening not to pay.
Floxy has a right to pledge Richie for contracts of necessaries
Floxy’s authority is presumed because they are legally married
The item bought are not necessaries so Richie is not bound to pay
None of the Options

Q23 Richie and Floxy are married and have a son. Richie abandoned his wife and moves in with Agbeke, his lover. Floxy contracts with KONGA for the delivery of food item and baby stuff to the house and pledges his credit for the item bought. Richie is claiming he is not bound by the transaction. What is your advice to Floxy?
Floxy has a right to pledge Richie for contracts of necessaries
Floxy’s authority is presumed because they are legally married
The item bought are strictly necessaries so Richie is bound to pay
All of the options

Q24 Andy and Yemi are married under the Statute. Richie, sees Yemi in her office and falls in love with her. He entices her and persuades her to leave her husband, an unemployed graduate. Yemi moves in with Richie and he maintains her. What remedy does Yemi have under the law?
He has the right to sue Richie for bigamy
He has the right to sue Yemi for greed
He has the right to sue Richie for loss of consortium and damages
All of the Options

Q25 Shehu and Halima purportedly married under Islamic law without following the islamic rules of customary marriage. They had Ibrahim, Zuru and Ahmed. Upon discovering that the marriage is void, Halima seeks your advise on the rights of her children under the Islamic law
The children are Shehu’s children and are therefore entitled to a share of his property
The children are haram
The children are illegitimate children
None of the Options

Q26 Assuming, without conceding that the marriage is voided by the court, what right does Yemi have over the matrimonial properties?
Right to share in the properties acquired during the subsistence of the marriage
Alimony
Damages
None of the Options

Q27 Andy marries Yemi in a church. Unknown to Yemi, the church was not licensed to celebrate marriage but they were issued a marriage certificate.
The marriage is void
The marriage is voidable at Yemis instance
The marriage is voidable at Andly’s instance
None of the Options

Q28 Approbation validates an otherwise void marriage
True
Not true
Partially true
All of the options

Q29 Jayejaye married Iwalewa in 1954 under the Yoruba native law and custom. He saw Ojuoge in England in 1954 and married her under the statutory law. What law should be applied to determine the legality of the marriage?
Lex loci celebrationi
Lex domicilii
Conflict of laws
All of the options

Q30  Chinedu pays the bride price of Adanma in 1990 before going for NYSC. During his service year, he meets Chinyere and they both contracted a statutory marriage. What is the status of the marriages contracted by Chinedu?
The customary marriage invalidates the statutory marriage
The statutory marriage invalidates the customary marriage
The two marriages are void ab initio
None of the Options

Q31 If Chris had entered into a customary law marriage with Adanma, and then subsequently marries Nkiru, is Chris criminally liable?
He is criminally liable
He is not criminally liable because family law is a private contract between two contractual parties
He is criminally liable if Adanma decides to report him
None of the Options

Q32 Chris contracted a statutory marriage with Nkiru. He petitioned the court for dissolution of the marriage on the ground of Nkiru’s adultery with Kaka. Chris further avers that at the time the marriage was celebrated, he did not get the consent of Nkiru’s parents as required by the law. What is the status of the marriage
The marriage is void
The marriage is valid inspite of the essential requirement of parental consent
The marriage is invalid for lack of essential requirement of parental consent
All of the options

Q33 Chinedu, a businessman, approaches Adanma’s father in Umu Oda village asking for Adanma’s hand in marriage. He thereafter paid Adanma’s family the sum of N60,000 as dowry on the 12th of April 1980. Unknown to Chinedu and Adanma’s family, Adanma has already accepted a marraige proprosal from Chris, in Enugu. Her father stops her school fees, living expenses and bars her from leaving the house. She is later forced to go through the marriage with Chinedu. What is the status of the marriage
The marriage is void
The marriage is voidable at Adanma’s instance
The marriage is voidable at Chinedu’s instance
All of the options

Q34 Chinedu, a businessman, approaches Adanma’s father in Umu Oda village asking for Adanma’s hand in marriage. He thereafter paid Adanma’s family the sum of N60,000 as dowry and goes through all the customs under the native law ofthe village . Adanma, aged 13years becomes Chinedu’s second wife and has sexual intercouse with her. Child Protection Agency, an NGO desires to sue Chinedu for unlawful carnal knowledge of Adanma. What possible defences are available for Chinedu under the Marriage Law in the former Eastern State of Nigeria.
He has paid her full bride price
He believed that Adanma was his wife
Adanma and her family consented to the marriage
Adanma consented to having sexual intercourse with him after their marriage

Q35 If Child Protection Agency, an NGO in Enugu desires to sue Adanma’s family for truncating Adanma’s chances of becoming a nurse by receiving bride price on her behalf. If the NGO succeeds, what is the likely punishment for Adanma’s father?
Six months imprisonment
Fine of Two hundred naira
Two years imprisonment and fine of Two hundred naira
None of the Options

Q36 Chinedu, a businessman, approaches Adanma’s father in Umu Oda village, Enugu State asking for Adanma hand in marriage. He thereafter paid Adanma’s family the sum of N60,000 as dowry in 1960. Adanma is 12years. She desires to be a Nurse when she grows up. What is the consequence of such a marriage?
The marriage is void
The marriage is voidable at Adanma’s instance
The marriage is voidable at Chinedu’s instance
The marriage is void at Adanma’s family instance

Q37 Adanma and Chris are engaged to be married in 1960. Sometime in 1962, Chris saw Nkiru, the daughter of the Chief of Ebano and marries her. What do you advise Adanma to do ?
Sue Chris averring that there is in existence a valid engagement under native law and custom and therefore, cannot go ahead with another marriage. Therefore, she is entitled to specific performance.
Sue Chris for specific performance under her rights between the contractual agreement between them
Sue Chris under prerogative writ of prohibiting him from marrying Nkiru.
Sue Chris for breach of promise and claim damages

Q38 Which of the following cases at the Supreme Court decided that consent of the bride-to-be is a condition precedent to a marriage under Benin customary law?
Ajumogobia v. Ajumogobia
Ajumogobia v. Okeke
Osamwoyin v. Osamwoyin
All of the options

Q39 Chinedu, a businessman, approaches Adanma’s father in Umu Oda village asking for Adanma’s hand in marriage. He thereafter paid Adanma’s family the sum of N60,000 as dowry on the 12th of April 1980. Unknown to Chinedu and Adanma’s family, Adanma has already accepted a marraige proprosal from Chris, a colleague of hers at her office in Enugu. She insists on marrying the person of her choice but her father insists it must be his choice. They have approached you as a law student to advise them on the consequences of this situation for Adanma?
The consequence of this material mistake is that the engagement is void
The consequence of this material mistake is that the engagement is voidable at the instance of Adanma
The consequence of this mistake is that Adanma has to follow her family’s choice for her as the family’s consent is necessary as a sine qua non for marriagge/engagement
The consequence is that Adanma’s family has to go ahead with Adanma’s choice as a sine qua non for marriage/engagement between two parties

Q40 Chinedu, a businessman, approaches Adanma’s father in Umu Oda village asking for Adanma’s hand in marriage. He thereafter paid Adanma’s family the sum of N60,000 as dowry on the 12th of April 1980. Unknown to Chinedu and Adanma’s family, Adanma has already accepted a marraige proprosal from Chris, a colleague of hers at her office in Enugu. She insists on marrying the person of her choice but her father insists it must be his choice. They have approached you as a law student on the consequences of this situation.
The consequence of this material mistake is that the engagement is void
The consequence of this material mistake is that the engagement is voidable
The consequence of this mistake is that Adanma has to follow her family’s choice for her
The consequence is that Adanma’s family has to go ahead with Adanma’s choice

Q41 The Court of Appeal is a court of law and equity
True
False
Not entirely true
All of the options

Q42 Case stated is
judicial precedent
stare decisis
obiter dictum
None of the Options

Q43 …………………………is that which is issued from the superior courts for the purpose of preventing inferior courts or officials from exceeding the limits of their legitimate sphere of jurisdiction
mandamus
habeas corpus
certiorari
prerogative writs

Q44 The original jurisdiction of the Sharia Court of Appeal is
appeal from area courts of a state
appeals from customary courts of a state
appeals from sharia court of a state
None of the Options

Q45 …………………provides for the establishment of the Sharia court of Appeal
Section 280 1999 Constitution
Section281 1999 Constitution
Section 275 (1) 1999 Constitution
None of the Options

Q46 ……………is an example of a State that has customary court
Kwara
Lagos
Gombe
None of the Options

Q47 ………….. Is an example of a State that has area court
Kwara
Lagos
Gombe
None of the Options

Q48 Grace married to Obrierikpa, elopes with Nnanna. Obrierikpa has right to
sue Grace for criminal offence
sue Nnnanna for loss of service of Grace
sue the family of Grace
All of the options

Q49 If Grace seeks to be married under customary law, but tells her family not to collect bride price, the marriage at best is
void
voidable
valid
All of the options

Q50  The case of Oransaye v. Osanweyi proves that :
The age of the bride at the time of celebration of marriage must not be less than 18
That consent of the bride is required under Benin customary law
That parental consent is a sine qua non for the celebration of marriage
None of the Options

Q51 Ade, Yemi and Suara are children of Dubem. Kolo is the head of domestics in Dubem’s household. The children decide to sell one of the family land, fire destroyed the second one and the children divided the third one. The method of determination of the property used is
Absolute alienation
destruction of the property
partition
Allof the Options

Q52 The case of Sanni Sule v. Badun Ottun 1NLR 60 1911 is to the effect that
the consent of the beneficiaries is required in alienation of family property
The family property is divested by virtue of it being in the present and not the future
A sale by the consent of the family held is a valid alienation
All of the options

Q53 The case of Frank Akinhanmi Coker v. George Baptist Coker held that
A family property has been validly created
That the objects the Will was not cretain
That the devide was not in accordance with the rule of perpetuity
All of the options

Q54 Betrothal may be terminated by
marriage
breach of trust
refusal of one party to go through with the marriage
refusal to pay bride price

Q55 A major distinction between betrothal under customary marriage and statutory marriage is
the parties
the bride price
the age
None of the Options

Q56 Ade, Yemi and Suara are children of Dubem. Ade sells the family farmland as well as does acts inconsistent with the native law and custom. The family has called him to account for the sale. Do they have the right?
They have the right to ask him to account for the money
They do not have the right under native law and custom to ask him to account
He is the owner of the property by virtue of his position so he cannot be called to account
Someone who acts for another in a relationship of trust and confidence

Q57 Ade, Yemi and Suara are children of Dubem. Ade attempts to sell the family farmland as well as does acts inconsistent with the native law and custom. The family decides to remove him. Do they have the right?
They have the right to remove him
They do not have the right under native law and custom to remove him
He is appointed by nature and only nature can remove him
All of the options

Q58 What type of position is imposed on Ade, the eldest child in relation to the family proerty?
He is the owner of all family property
he is the trustee of family property
he is treasurer of the family property
All of the options

Q59 Ade, Yemi and Suara are children of Dubem. Kolo is the head of domestics in Dubem’s household. Under yoruba custom, Ade, being the eldest is referred to as
olori oko
Dawodu
Baba agba
Chief

Q60 Ade, Yemi and Suara are children of Dubem. Kolo is the head of domestics in Dubem’s household. Kolo is opposing Ade’s attempt to sell the family farmland.
Kolo has sufficent right to oppose any unauthorised sale
Who is Kolo, a common slave to talk to the children of their master? He has no right whatsoever
Kolo is the head of slaves and is entitled to oppose such sale and ask for his own share
None of the Options

Q61 Dubem married Kiara in 1945. He was rich and had lots of slaves and servants. Kolo is the head of slaves and treated like a son. Kolo worked hard and built a house, a large cocoa farm. Kolo, in 1961 while working on the farm one day, fell and died. Dubem has gone to claim his house, and large cocoa farm.
He will succeed because he is the owner of the slave and his property devolves on the master
He will not succeed because it is the sweat of Kolo.
equity will observe the bonafide purchaser for value without notice
He will not succeed because the Abolition of Slavery Ordinance has outlawed slavery

Q62 Dubem married Kiara in 1945. He was rich and had lots of slaves and servants. Kolo is the head of slaves and treated like a son. Kolo worked hard and built a house, a large cocoa farm. Kolo, in 1956while working on the farm one day, fell and died. Dubem has gone to claim his house, and large cocoa farm.
He will succeed because he is the owner of the slave and his property devolves on the master
He will not succeed because it is the sweat of Kolo.
God will not allow him to succeed. Dubem is wicked.
Where equities are equal, the first in time prevails. The first person to claim between Dubem and Kolo’s wife will succeed.

Q63 The custom that a lady cannot inherit property in Ibo land is now old law
True
False
None of the options
All of the Options

Q64 Edgar, from Egba, very beautiful, hardworking and rich. She married Chief Lucky from Edo State. Unfortunatley, she did not have any issue and so died childless. Her property will likely go to
Chief Lucky the husband
Obe her brother
her original family
None of the Options

Q65 Ade, Yemi and Sura are children of Dubem. Dubem dies intestate. Ade, the eldest has shared the estate according to their ages. The likely outcome of this will be:
All the children are entitled to participate in the sharing of the immovable property left by Dubem. Ade cannot share it alone.
The property of Dubem devolves on all his children and mother to the exclusion of all others
The estate devolves on all his children in equal shares to the exclusion of all relatives
Sura is not entitled because she is a lady and is already married to Chief Kogbe, a billionaire

Q66 Once upon a time, Dubem, a native of Ikorodu LGA of Lagos State has lived all his life in Idu garan, Lagos state and acted in accordance with the laws and customs of Idu garan. He married Kiara, his hearthrobe under native law and custom. Five years after, he instructs his lawyer to prepare his Will and bequeaths the farmland left by his late grandfather to his friend’s son, Austin, who has helped him during the difficult times of his life.
The devolution is invalid because Austin is not a yoruba man
The devolution is void because it is an immovable property
The devolution is void because the family property is for the members of his family
None of the Options

Q67 Once upon a time, Dubem, a native of Ikorodu LGA of Lagos State has lived all his life in Idu garan, Lagos state and acted in accordance with the laws and customs of Idu garan. He married Kiara, his hearthrobe at the Marriage Registry in Idu garan. Five years after, he died happily without making a Will. How should the head of the family distribute his property?
According to the native law and custom of Idugaran
According to the native law and custom of Ikorodu
According to the Wills And Intestate Admnistration Laws of Lagos State
According to the Estate’s law

Q68 Dubem married Kiara under native law and custom in Idu garan, Lagos State. He dies intestate. Dubem’s property wil devolve under
Intestate Laws of Lagos State
Testate Laws of Lagos State
Wills Laws of Lagos State
Native law and custom

Q69 ……………………………is that property in which every member of the family has an interest and is entitled to as of right.
Family property
Intestate property
Wills property
Testate property

Q70 Law of succession can aptly be categorised under family law because
It relates to the rights of surviving spouses of a marriage
It determines who is able to suceed another person
It delineates true family from non family members
All of the above

Q71 An important distinctive feature between statutory and customary marriage is
Consent of parties
Consent of parents
Payment of bride price
None of the Options

Q72 The rules of engagement and marriage is not universal because of
The plurality customs
The duality of the legal system
All of the options
Options A and B only

Q73 One of these fields is not covered by family law
Law relating to husband and wife
Law relating to preservation of the welfare of members of family
Law relating to parent and child
Law relating to guardianship and custody

Q74 Family law is treated as a private field of law because
The state does not have any business with the family
It is the aspect of law that deals with the private relationship between subjects on an equal footing
Because family is consensual in nature
None of the Options

Q75 Is the definition of monogamous marriage universal?
Yes
No
Yes and No
None of the Options

Q76 The law governing incidences of marriage in Nigeria is
The Marriage Act
The Constitution of the Federal Republic of Nigeria
Matrimonial Causes Act
All of the Options

Q77 The classic definition of marriage is found in the case of
Corbett v. Corbett
Hyde v. Hyde
Baindal v. Banidal
All of the above

Q78 Do you agree that there are only two systems of marriages in Nigeria
Yes
No
Yes and No
None of the Options

Q79 With the legalising of same sex marriage in some jurisdictions, the decision of the court in the case of Corbett v. Corbett seems old law
Yes
No
Yes and No
Two of the above

Q80 The customary definition of marriage is
Man, wife and children
Man, wife and extended family
Man, wife only
Man, wife, children and extended family

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