PPL344 TMA

 

Q1 The concept of subsequent marriage to invalidate an existing Will under the English Wills Act is one
that connotes a marriage between a man and woman of single status at the time of marriage
a widow and widower as long as they have consented to be married without duress
a man and woman who married whether under customary or islamic marriage as long as it is one that is recognised by the statute
none of the above

Q2 The section of the Wills Act that provides for revocation of a Will by a subsequent marriage is
Section 2 ((2) – (d) MCA
Section 18 Wills Act, 1837
Section 20 Wills Act 1837
Section 17 Wills Law & Succession Law Edict

Q3 The Will in the Estate of Thomas (1939) 2 All E.R could not take effect without occurrence of special circumstances because it was a
privileged Will
Nuncupative Will
Conditional Will
Regular Will

Q4 An example of a privileged Will is that one made by a
sailor at sea
a widow
a person on a sick bed
an insane person

Q5 Which provision of the constitution provides for the resignation of a member of the legislature appoionted as Minister
s.127(4)
s.148(5)
s.150
all of the above

Q6 The summary of Lord Penzance ratio in Hall v. Hall is that
the testator must be fre from any pressure when making his Will
the testator must not be under duress on the provisions of his Will
the testaor must not be subject to fraudulent manipulations when making his will
All of the above

Q7 When a Will is said to be ambulatory, it means that
it does not operate until after the death of the maker
it does not confer any benefit on the beneficiaries during the lifetime of the testator
the testator retains the right to deal with his property in any way he likes until after his death
all of the above

Q8 One of these is not a source of Wills in Nigeria
The Wills Act 1852
The Wills (Soldier and Sailors) Act 1981
The Constitution of the Federal Republic of Nigeria
The Wills Law, 1958

Q9 A bar to getting relief in a petition for jactation of marriage is
Where the petitioner acquesced the boastings
where the petitioner earlier authorised the allegations
Where the petitioner does not come with clean hands
All of the above

Q10 A case on jactation of marriage is
Ogunmodede v. Ogunmodede
Thompson v. Rourke
Ayankojo v. Ayankojo
Olutayo v. Olutayo

Q11 Sisi Pelebe met Tanimo, heir apparent to a multidollar busness, at a party. Tanimo and Sisi Pelebe got talking and exchanged addresses. Sisi Pelebe in her excitement has gone round telling everyone that she is the wife of Tanimo. Tanimo has come to you, as a law student to advice him on how to correct the false representations. What is the most appropriate petition to make?
Restitution Order
Restitution of conjugal rights
Jactation of marriage
all of the above

Q12 One of the facts to be stated in a petition for restitution of conjugal rights is
the date the petitioner and the respondent last cohabitated
the date on which the written request for cohabitation was made
that the respondent still refuses to cohabit with, and render conjugal rights to the petitioner
All of the above

Q13 One of these is not a conjugal right to be enjoined in marriage?
Sexual intercourse
homekeeping
furthering of education
cohabitation

Q14 Restitution of conjugal rights is a matrimonial relief available to
statutory marriage
customary marriage
statutory and customary marriages
statutory, customary and islamic marriages

Q15 What case decided that if the Petitioner had directed his efforts at reconciliation to the respondent, it would have amounted to special circumstances envisaged under the MCA?
Humponu Wusu v. Humponu Wusu
Ogunmodede v. Ogunmodede
Ayankojo v. Ayankojo
Thomas v. Rourke

Q16 One of these is not an effect of judicial separation
the petitioner is exempted from living or cohabiting with theother party to the marriage
parties are prevented from jointly exercising any joint powers given to them before separation
Where a spouse dies, the other can iherit the property of the other
Spouses have rights in tort or contract

Q17 Kaka and Ada were married at the Ikogun Marriage Registry. Four months in to the marriage, Kaka discovered he made a fundamental mistake in his choice of life partner. Not wanting to desert or divorce Ada, but desiring to be in separate houses, he comes to you to advice on the type of relief to seek from the court. The appropriate section to bring his petition
Section 2 ((2) – (d) MCA
Section 40 MCA
Section 39-46 MCA
Section 34-45MCA

Q18 Kaka and Ada were married at the Ikogun Marriage Registy. Four months after the marriage, Kaka got an order of the court to live separately from Ada. Six months after getting an order to live separately, he decides to initiate divorce proceedings at the Court on the same ground as the initial order. Advice him on this.
Kaka should initiate divorce proceedings on new facts that came up after the initial proceedings
Kaka may initiate on the same facts as the initial order
Kaka should initiate on both old and new facts
Kaka may initiate based on one or more facts and matters that form the basis for a petition for dissolution of marriage.

Q19 Kaka and Ada were married at the Ikogun Marriage Registry. Shortly after the registry marriage, Ada’s parents insisted they must do the traditional wedding, which came up 4weeks after the statutory marriage in Kurukuru Local Government of Kotun State. Four months in to the marriage, Kaka discovered he made a fundamental mistake in his choice of life partner. Not wanting to desert or divorce Ada, but desiring to be in separate houses, he comes to you to advice on the type of relief to seek from the court. What court would you advice Kaka to file his petition
Magistrate Court of Ikogun
High Court
Customary Court of Kurukuru
Customay Court of kurukuru

Q20 Kaka and Ada were married at the Ikogun Marriage Registry. Four months in to the marriage, Kaka discovered he made a fundamental mistake in his choice of life partner. Not wanting to desert or divorce Ada, but desiring to be in separate houses, he comes to you to advice on the type of relief to seek from the court. The appropriate order would be
Judicial separation
Jactation
Divorce
all of these

Q21 ?��?��?��?��?��?��?.is a complete cessation of all marital duties and obligations flowing from cohabitation
defacto separation
desertion
Actual separation
Wilful separation

Q22 One of the ways in which adultery is established is
cohabitation of respondents
confessions
admissions
All of the above

Q23 The court dismissed the petitioner’s prayer in the case of Pheasant v. Pheasant because
there was nothing in her behaviour which amounted to a breach of marital obligations
that washing of underwears does not amount to unbearable conduct
that insisting on use of contraceptives to avoid getting pregnant does not amount to unbearable conduct
changing to Roman catholic from the husband ‘s church does not amount to unbearable conduct

Q24 The behaviour defined in Katz v. Katz will include
alcoholism
verbal assault
total inactivity
All of the Options

Q25 The fact relied on by the court in Akinyemi v. Akinyemi to infer adultery was
respondent and co-respondent spending more than five hours out at night
respondent and co-respondent arriving together in the early hours kissing and hugging
respondent and co-respondent exhibiting extreme mutual fondness for each other
All of the above

Q26 What section of the MCA provides that the court, once satisfied on the probable truth of a confession or admission, may rely on the same to prove adultery
Section 85 MCA
Section 82 MCA
Section 87(1) (a)MCA
Section 30 (3)

Q27 ?��?��?��?��?..is the consensual sexual intercours between two persons of the opposite sex, at least one of them whom is married to some other person
cohabitaion
infidelity
adultery
fornication

Q28 Which case held that there is a presumption of adultery where two persons of opposite sex cohabit in the same house as legally un-wed or in a bigamous relationship?
Eworoja v. Eworoja
Arinye v. Arinye
Ford v. Ford
Horton v. Horton

Q29 Yemi and Ola courted for 4years, during which they had premarital sex. Since their marriage, Yemi has refused to have sex with Ola. Ola wants to petition on the ground of refusal to consumate.
Ola will not succeed because they have been enjoying cohabitation and consortium since their relationship
Ola will succeed because sexual intercourse before marriage is not consumation
Ola will not succeed unless she can prove that there was no full entry during their sexual relationship
All of the above

Q30 Where a spouse serving a jail term, refuses to have sexual intercourse in the prison, in accordance with prison rules, and the spuse petitions for divorce on the wilful refusal to consumate, the court should
the spouse is justifed in refusing sexual intercourse and the petition will not be granted
where there are opportunities for sexual intercourse and the spouse still refuses to have intercourse, the court may decree a divorce
the cour can separate because he had wilfully refused to consumate the marriage
All of the above

Q31 The sole ground for dissolution of marriage under the Act is
exceptional depravity
exceptional hardship
marriage has broken down irretrievably
mistaken identity

Q32 The definition of exceptional implied aggravated conduct as explained by the House of Lords in Fay v. Fay means
exceptional depravity
special
something out of the ordinary
extraordinary

Q33 What theory focuses on the fact that marriage has broken down irretrievably?
Matrimonial offence
Breakdown theory
Fault theory
Separation theory

Q34 What case decided that consumation of marriage is the first sexual intercourse between the parties after the celebration of the marriage
Dredge v. Dredge
Valier v. Valier
Inglis v. Inglis
None of the Options

Q35 The ratio of the case of Valier v. Valier is that
marriage must follow the formal and essential requirements of marriage
marriage between foreigner and a Nigerian is not a valid marriage under customary law
mistake as to the nature of the ceremony will vitiate consent
mistake as to the consequences of the ceremony will vitiate consent

Q36 The case of Aiyegbusi v. Aiyegbusi is to the effect that
paternal curse is a valid ground for duress
the threat is not real as it was mere threat
the threat is one directed to the life and limb of the petitioner
the threat is not enough to invalidate a marriage

Q37 Nkem married Emeka at the Ikogun Marriage Registry. He thereafter travelled out in search of greener pastures and meet Daisy. They got married in USA. Nkem has approached you to advice her on the status of the new marriage
The two marriages conducted in Nigeria and USA are valid
The marriage contracted in the United States is valid because of the superior legal system
The first marriage at Ikogun is valid
All of the above

Q38 For a marriage to be void on the ground of insanity, the degree of mental incapacity must be
unsoundness of mind
incapacity of mind
insanity
All of the Options

Q39 Ade and Yemi are married under the statute. Shortly after the marriage, Yemi met Nnadi, her first love and elopes with him. Ade has come to you for advice on what rights he has against Nnadi?
Ade is entitled to damages for adultery
Ade is entitled to damages for contractual wrong
Ade is entitled to damages for tortious wrongs
All of the Options

Q40 Ade and Yemi are married under customary law of Aragba land. Both of them live in the United Kingdom. Things fell apart between them and Yemi moved out of Ade’s house. She called her parents to return the bride price to Ade’s parents. She has now come to you on maintenance and settlement of property, since Ade is a wealthy young billionaire. Which statement is most apt?
wives of statutory marriages are entitled to maintenance and settlement of property upon divorce. Yemi is entitled to the property upon divorce
Yemi is entitled to inheritance and property rights conferred on her by statute
Yemi is not entitled to settlement of property upon divorce or inheritance upon death.
None of the Options

Q41 The case of Akwudike v. Akwudike validated the marriage on the ground of
ignorance of the requirement of section Ii of the Marriage Act
that the parties knew of the non-compliance with the rules
All the marriage rights according to section 21 has been performed
The petitioner did not wilfully and knowingly acquiesced in the irregularity

Q42 Yemi and Ola got engaged to be married. Yemi, knowing that his church is not a licenced place of worship, suggested to Ola that they be married in his church, to which Ola lovingly accepted. Five years after marriage, Yemi has brought a divorce petition on the ground that the place of celebration is not a licenced place for celebrating a marriage. Which of the following statement is most apt in this regard?
Since section 3 (1) (c ) provides that failure to comply with the rules relating to formalities of the place of celebration, it means that the marriage between Ola and Yemi is void
Section 33 (3) already provides a window that considers the state of mind of parties.
The marriage between Ola and Yemi is valid because it was not an act wilfully done by both parties
All of the Options

Q43 ?��?��?��?.is an idle ceremony.
Void marriage
Voidable marriage
Valid marriage
Invalid marriage

Q44 The difference between Re-Intended marriage of Beckley and the case of Sarah O Greens v. Adel Sapara is
the fact of being led home
the fact of proof of living together
the fact of fulfilment of legal and essentail requirements of yoruba custom
All of the Options

Q45 The case of Sarah E.O Greens v. Adel Sapara is to the effect that
there must be proof of fulfilment of all formalities of yoruba customary mariage
there must be proof of living together as husband and wife
there must be proof of taking the bride home
All of the above

Q46 In the case of Re- Intended marriage of Beckley and Abiodun (1943) 17 NLR 59, the ratio of the decision of the court was that
the father does not have the authority to perform idana ceremony without the consent of the groom
the bride price constitutes a vital element of the idana ceremony
the idana ceremony without formal taking of the girl to the groom’s home is not a valid custom
All of the above

Q47 Ahmed and Sefinat are devote moslems. They met while on study at the University and decided to get married according to their religious beliefs. Both of them believe that payment of bride price is a barbaric custom depicting sale of the bride to the groom’s family. As such, they forbade their families from exchanging the bride price but went ahead and performed all other formalities of the custom of thier religion. The marriage is
the marriage is valid
the marriage is void
the marriage is voidable
the marriage does not exist

Q48 Akin went for further studies in the UK and met Daisy, a UK citizen and the two, after a whirlwind relationship, got engaged to be married. Akin brings Daisy home to his parents who insisted that the tradition of the family is that every first son must be married in the traditional way. Akin and Daisy got married under the customs and traditions of Akin’s family. The status of the marriage is
the marriage is valid
the marriage is void
the marriage is voidable
the marriage does not exist

Q49 Feyisayo and Adun decided to get married under customary law, on the traditional wedding date, Adun’s family returns the bride price brought by Feyisayo; all other ceremonies were performed. The marriage is
the marriage is valid
the marriage is void
the marriage is voidable
the marriage does not exist

Q50 Feyisayo and Adun consent to marry each other and fixed a date for marriage under customary law. Feyisayo decided he is not paying Adun’s bride price, and Adun moved in to his house
the marriage is valid
the marriage is void
the marriage is voidable
the marriage does not exist

Q51 Where Anayo and Adun are married under customary law, without Adun’s father’s consent, the marriage is
the marriage is valid
the marriage is void
the marriage is voidable
the marriage does not exist

Q52 Where Feyisayo is forcefully married to Adun under customary law, under duress, the status of such a mariage is
the marriage is valid
the marriage is void
the marriage is voidable
the marriage does not exist

Q53 The official cancellation of a marriage contracted by parties who do not possess the requisite capacity to marry is called
voidability of marriage
divorce
nullity of marriage
All of the above

Q54 The court will not consider one of the following in exercising its discretion
the position of the children of the marriage
the number of years of marriage
the interest of the petitioner
the interest of the public at large

Q55 The courts have consistently adopted the principles governing exercise of court’s discretion as outlined in the case of
Enekebe v. Enekebe
Blunt v. Blunt
Gwen v. Gwen
None of the Options

Q56 The period for desertion envisaged by Section 15 (2) is
less than one year
less than 6years
any period of time
All of the Options

Q57 The period for desertion envisaged by Section 28(b) is
less than one year
less than 6years
any period of time
All of the above

Q58 ?��?��?��?..is a written confessionary statement made to the court by the petitioner as to his or her adultery and asking specially for th court to exercise its discretion in his favour
discretionary statement
statement of confession
statement of discretion
confessionary statement

Q59 The discretionary powers of the court in a petition for divorce may be activated where
the conduct of the petitioner has contributed to the matters relied upon in the petition
where the petitioner has committed unconded adultery
where the petitioner has wilfully deserted the respondent before the occurrence of the facts relief upon in the petition.
All of the Options

Q60 A ground for refusing to make a decree of dissolution of marriage is
where the petitioner has wilfully deserted the respondent
the habits of the petitioner have, or the conduct of the petitioner has contributed to the existence of the matters relied upon by the petitioenr
the petitioner has committed adultery that has not been condoned by the respondent
All of the Options

Q61 The maxim “he who does an act through another, does it himself” is apt for
condonation
connivance
collusion
All of the above

Q62 Hannah induced Wale to commence divorce proceeding promising to pay him some amount of money for the benefit of the children of the marriage. This is an example of
passive collusion
condonation
connivance
collusion

Q63 Scarman J, established the importance of corrupt intention for collusion in the case of
Churchward v. Churchward
Noble v. Noble
Inglis v. Inglis
Evans v. Fern

Q64 What section of the MCA bars a decree of dissolution of marriage on the ground of collusion?
Section 27
Section 15 (1) (c )
Section 15 (2) (c )
Section 30 (3)

Q65 The English case where the court held that in order to show that connivance had spent itself, the petitioner has to show that there was no connection between the connivance alleged by the respondent and the respondent’s misconduct, is the case of
Godfrey v. Godfrey
Inglis v. Inglis
Kings v. Evans
Harrison v. Fern

Q66 Where a petitioner initially connives at the respondent’s misconduct but later objects to the continuance, and does everything to repair the damage, this is referred to as
connivance is forgiven
connivance is repented
connivance is spent
connivance is reinstated

Q67 A case in point on connivance is
Inglis v. Inglis
Kings v. Evans
Olutayo v. Olutayo
Harrison Obafemi v. Harrison Obafemi

Q68 In a divorce proceedings where the respondent is able to prove express connivance, one of the following is likely to happen
the court will not grant a decree of divorce
the court consider it as an absolute bar to the divorce
it acts on the prinicple of volenti non fit innuria
All of the above

Q69 The case of Obiagwu v. Obiagwu is an example of
express connivance
passive connivance
total connivance
All of the above

Q70 A type of connivance is
express connivance
passive connivance
total connivance
A and B

Q71 Ope and Flanky have been married without a child for about 10years. Flanky consented to Ope cohabiting with another woman in order to have a child. Ope cohabited with Temi and had four children with her. Flanky has now petitioned Ope on the ground of adultery. This is an example of
Collusion
condonation
Cohabitation
Connivance

Q72 The section of the MCA that provides for connivance is
section 24
Section 15 (1) (c )
Section 26
Section 30 (3)

Q73 A case in point on reconciliation is
Mackrel v. Mackrel
Inglis v. Inglis
Olutayo v. Olutayo
Harrison Obafemi v. Harrison Obafemi

Q74 An essential aspect of reinstatement is
love and trust
reconciliation
forgiveness
mutual trust and confidence

Q75 The ingredients of condonation are
acceptance, knowledge, forgiveness
forgiveness, reinstatment, knowledge
reinstatement, forgiveness, acceptance
knowledge, forgiveness, acceptance

Q76 H committed adultery with A which resulted in the birth of a child. W accepted and forgave H and they continued to live together as husband and wife. Later, H packed his bags and deserted the matrimonial home and goes to live with A. H petitioned for divorce. Angry, W cross-petitioned for divorce relying on the earlier adultery plus cruelty and desertion. This is the fact of the case of
Inglis v. Inglis
Olutayo v. Olutayo
Harison v. Harison
Harrison Obafemi v. Harrison Obafemi

Q77 Tfrom case law, condonation is
total
unconditional
conditional
All of the above

Q78 Condonation is the reinstatement of a spouse who has committed a matrimonial offence to his or her former matrimonial position in full knowledge of all the material facts of the offence with the intention of remiitting it. This definition was given in the case of
Inglis v. Inglis
Olutayo v. Olutayo
Harison v. Harison
Obafemi v. Obafemi

Q79 ?��?��?��?��?��?is the reinstatement of a spouse who has committed a matrimonial offence to his or her former matrimonial position in full knowledge of all the material facts of the offence with the intention of remiitting it,
acceptance
condonation
connivance
collusion

Q80 Asha and Ashy have been married under statutory law. Ashy packed his bag in search of greener pasture and relocates to the US. Five years after, he comes back to Nigeria and begs for forgiveness. Asha accepts him back into her life and once again resettled to a blissful married life. Asha’s attitude is
acceptance
condonation
connivance
collusion

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