PPL421 TMA

 

Q1 When may a grandchild share in family property?
Anytime
If he is the first male grandchild
Upon the death of the family head
Upon the death of his/her own parent

Q2 In Nelson v. Nelson, family propery was created by
will
conquest
purchase of land with family funds
declaration

Q3 One of the following is an example of family property created by settlement.
Boko Haram members in Sambisa Forest
Yoruba homeland established by Oduduwa in Ile Ife
Iraqi annexation of Kuwait
None of the options

Q4 Why will be right for land to be deemed family property despite having been left by an individual who died intestate with a sole heir?
Because under customary law, land belongs to both the current generation and generations yet unborn in the family.
There’s no justification for such reference
Because the original owner left a will
Because the sole heir has chosen to remain celibate so the land may lapse if not deemed family property

Q5 Following the decision in Sogbesan v. Adebiyi, why were brothers, sisters and their descendants held to be included in ‘family’?
Because the term ‘family’ under custom extends beyond nuclear family only
Because that was the instruction under a will which created family property
Because the original allottee had no children
Because the brothers and sisters were indigent

Q6 One of the following forms part of a family under customary law
wives
the first wife
children
All of the options

Q7 One of the following may become a customary tenant of a community
the community head
the chief
an indigene
a stranger

Q8 Flowing from the right to participate in the management of community land, the chief is ?��?. to the entire community through family heads and community elders
beholden
duty bound
accountable
subject

Q9 Communal land in Sagbama Kingdom, Bayelsa State was acquired by government for oil prospecting by NNPC. Which of the following has no interest in the compensation paid for the land.
The Chief of Sagbama Community
The Youths of Sagbama Kingdom
The Women of Sagbama Kingdom
The Governor of Bayelsa State

Q10 In line with ?��?., communal land allocated to individuals becomes the personal property of such individuals.
Ajoke v. Oloko
Lewis v. Bankole
Oragbade v. Onitiju
Young v. Abina

Q11 Chief Bankole, the head of the Ija Community is angry with Ven. Dickson (a community member and cathecist) who publicly called him an idolator. He has refused to allot land to Ven. Dickson in the community. Advise the parties.
Ven. Dickson has a right to have land alloted to him
Chief Bankole is right to withhold the allotment until Ven Dickson apologises
Ven Dickson has abused his right by being of bad behaviour
Chief Bankole has absolute and overriding powers as community head.

Q12 The Abo Community wishes to institute a suit against SPDC for damage to their crops by SPDC’s machinery. Advise Chief Alabo (the community head) on how the Plaintiff should be stated
Abo Community (Both living and yet Unborn)
Chief Alabo (for himself and on behalf of the Abo Community)
The Council of Chiefs Abo Community
The Abo Community

Q13 What is wrong with reference to a community head as a ‘caretaker’
Caretakers only take care of rented houses
The community head will not get the respect he deserves if he is referred to as a mere ‘caretaker’.
There is nothing wrong since a caretaker can manage and control property
A caretaker does not have the authority to manage and control property as a communal head has with respect to communal land

Q14 Joy’s husband gave her a cash gift of N40m which she used to purchase a portion of land from the Ojomu Community. Her solicitor has drafted the deed of assignment and reflects the parties as Chief Olayinka Ojomu (Assignor) and Mrs. Joy Chidi-Akama (Assignee)’. Advise Joy on who the proper partie should be
The deed should reflect Joy’s husband’s name since all that she has belongs to him and he gave her the money to buy the land
The names of the parties are reflected correctly.
The land is communal land and should bear reference to the Ojomu community as Assignors and not Chief Ojomu in his own name.
Joy should be assignor while Chief Ojomu should be Assignee

Q15 If Chief Damole as Head of Ijora community is referred to as the ‘Trustee’ of Ijora Communal land, which of the following rights/obligations may he exercise?
Control
Management
Accountability
All of the options

Q16 In the case of Amodu Tijani v. Secretary, Southern Nigeria, the property in issue was held to belong to ?��?��?
The community
The Plaintiff
The Defendant
The Governor

Q17 One distinction between a pledge and a mortgage is
None of the options
In the latter, the lender is not allowed to exploit the land for benefit
In the former, the lender is not allowed to exploit the land for benefit
All of the options

Q18 Chris transferred ownership of his land to Iya in consideration for a loan, under the understanding that Iya could exploit the land to obtain benefit. Chris and Iya are ?��?��?.. Respectively
Pledgor and Pledgee
Pledgee and Creditor
Mortgagor and Mortgagee
Pledgee and Pledgor

Q19 Koko pledged his land to Simbi in consideration for a loan. Simbi planted cassava on the land. Koko paid back the debt before the cassava was ripe for harvesting. What will happen to the cassava?
It will be taken over by Koko
It will be destroyed
Simbi wil be allowed to harvest.
It will be sold and the proceeds shared between Koko and Simbi.

Q20 Koko pledged his land to Simbi in consideration for a loan which was to be repaid a year later. Simbi erected a 2 storey building on the land. What will happen to the building after Koko pays back the debt?
It will be sold by Simbi
It will be demolished
Simbi will be allowed to claim rent on it for a while
Koko will take it over.

Q21 Under customary land law, a customary tenant is a ?��?��?.
A borrower
A lessee
A recipient of a gift
A grantee

Q22 Which of the following may be granted deemed customary right of occupancy under the Land Use Act?
The Holder
The occupier
None of the options
The holder / the occupier

Q23 Differentiate between alienation of land in 1977 and in 1979
No alienation in 1979
Governors consent is required for alientation in 1979
Governors consent is required for alientation in 1977
No alienation in 1977

Q24 By virtue of section ?.., family property is preserved.
34 of the Land Use Act
24 of the Land Use Act
34 of the Wills Act
24 of the Wills Act

Q25 Why was a sale of family land ordered in Lewis v. Bankole?
For peace sake
To prevent joint ownership
Because the property was incapable of partition
Because some members denied others access

Q26 Aka, Baby and Coco hold joint ownership interest in land left for them by their late father, how may each person enjoy separate ownership interest in a specific part of the land.
By sale
By gift
By partition
By transfer

Q27 Why were the principal members unable to void a voidable sale of family land in Mogaji v. Nuga?
They slept on their rights
They were not the family head
They gave their consent
They did not know of the transaction

Q28 Who may void a voidable alienation of family property?
The aggrieved person
The family head
The principal members of the family
The head and principal members of the family

Q29 You cannot put something on nothing and expect it to stand ? it will collapse’. To which of the following will this quote apply?
A sale of family property without consent of the family head
A gift of family property made by the head without the consent of family members
A sale of family property as the personal property of the family head and with the consent for family members
All of the options

Q30 For partition of family property to be valid it must be done with the consent of
The head and members
The head
The members
none of the options

Q31 Sale of family land without the consent of the principal members is
None of the options
Voidable
Void
All of the options

Q32 Sale of family land without the consent of the family head is
None of the options
Voidable
Void
All of the options

Q33 A family member has a right to the following except
Sale of family land
a share of family income
management of family land
allotment from family land

Q34 Nduka was given a portion of his family property for his personal use. He built a shopping complex on the property. If the complex is sold, who is entitled to the proceeds and why?
The family because of title to the land remains with the family and the quic quid rule is applicable
Nduka because he built the complex with his resources
The family
Nduka

Q35 During his lifetime, Owa Okoro had 3 children. In order of seniority, they were Omodion (Male), Amenze (Female) and Irowa (Female – who predeceased him but left daughter – Iyesogie). Who are the principal members of the Owa-Okoro Family.
Omodion and Amenze
Omodion, Amenze and Irowa
Amenze and Iyesogie
Amenze only

Q36 One of the following cases does not saddle the family head with duty of accountability
Akande v. Akanbi
Archibong v. Archibong
All of the options
none of the options

Q37 The duty of the family head to account for income received on behalf of the family is a ?��?��?. duty
statutory
legal
customary
fiduciary

Q38 When may a family head make profit or special benefit for himself
At no time
When dealing with family interests
When the family consents
When he is recognised by a court of competent jurisdiction

Q39 ?��?��?��? is the eldest son of Akin, the originator of the Akinola Family of Ile-Ife in Yoruba land
Akin Jr.
Dawodu
Oranmiyan
Oduduwa

Q40 ?��?��?.. Is to community what ?��?��?. is to family
Chief/Family head
Head/Head
Chief/Member
Head/Elders

Q41 When may a grandchild share in family property?
Anytime
If he is the first male grandchild
Upon the death of the family head
Upon the death of his/her own parent

Q42 In Nelson v. Nelson, family propery was created by
will
conquest
purchase of land with family funds
declaration

Q43 One of the following is an example of family property created by settlement.
Boko Haram members in Sambisa Forest
Yoruba homeland established by Oduduwa in Ile Ife
Iraqi annexation of Kuwait
None of the options

Q44 Why will be right for land to be deemed family property despite having been left by an individual who died intestate with a sole heir?
Because under customary law, land belongs to both the current generation and generations yet unborn in the family.
There’s no justification for such reference
Because the original owner left a will
Because the sole heir has chosen to remain celibate so the land may lapse if not deemed family property

Q45 Following the decision in Sogbesan v. Adebiyi, why were brothers, sisters and their descendants held to be included in ‘family’?
Because the term ‘family’ under custom extends beyond nuclear family only
Because that was the instruction under a will which created family property
Because the original allottee had no children
Because the brothers and sisters were indigent

Q46 One of the following forms part of a family under customary law
wives
the first wife
children
All of the options

Q47 One of the following may become a customary tenant of a community
the community head
the chief
an indigene
a stranger

Q48 Flowing from the right to participate in the management of community land, the chief is ?��?. to the entire community through family heads and community elders
beholden
duty bound
accountable
subject

Q49 Communal land in Sagbama Kingdom, Bayelsa State was acquired by government for oil prospecting by NNPC. Which of the following has no interest in the compensation paid for the land.
The Chief of Sagbama Community
The Youths of Sagbama Kingdom
The Women of Sagbama Kingdom
The Governor of Bayelsa State

Q50 In line with ?��?., communal land allocated to individuals becomes the personal property of such individuals.
Ajoke v. Oloko
Lewis v. Bankole
Oragbade v. Onitiju
Young v. Abina

Q51 Chief Bankole, the head of the Ija Community is angry with Ven. Dickson (a community member and cathecist) who publicly called him an idolator. He has refused to allot land to Ven. Dickson in the community. Advise the parties.
Ven. Dickson has a right to have land alloted to him
Chief Bankole is right to withhold the allotment until Ven Dickson apologises
Ven Dickson has abused his right by being of bad behaviour
Chief Bankole has absolute and overriding powers as community head.

Q52 The Abo Community wishes to institute a suit against SPDC for damage to their crops by SPDC’s machinery. Advise Chief Alabo (the community head) on how the Plaintiff should be stated
Abo Community (Both living and yet Unborn)
Chief Alabo (for himself and on behalf of the Abo Community)
The Council of Chiefs Abo Community
The Abo Community

Q53 What is wrong with reference to a community head as a ‘caretaker’
Caretakers only take care of rented houses
The community head will not get the respect he deserves if he is referred to as a mere ‘caretaker’.
There is nothing wrong since a caretaker can manage and control property
A caretaker does not have the authority to manage and control property as a communal head has with respect to communal land

Q54 Joy’s husband gave her a cash gift of N40m which she used to purchase a portion of land from the Ojomu Community. Her solicitor has drafted the deed of assignment and reflects the parties as Chief Olayinka Ojomu (Assignor) and Mrs. Joy Chidi-Akama (Assignee)’. Advise Joy on who the proper partie should be
The deed should reflect Joy’s husband’s name since all that she has belongs to him and he gave her the money to buy the land
The names of the parties are reflected correctly.
The land is communal land and should bear reference to the Ojomu community as Assignors and not Chief Ojomu in his own name.
Joy should be assignor while Chief Ojomu should be Assignee

Q55 If Chief Damole as Head of Ijora community is referred to as the ‘Trustee’ of Ijora Communal land, which of the following rights/obligations may he exercise?
Control
Management
Accountability
All of the options

Q56 In the case of Amodu Tijani v. Secretary, Southern Nigeria, the property in issue was held to belong to ?��?��?
The community
The Plaintiff
The Defendant
The Governor

Q57 One distinction between a pledge and a mortgage is
None of the options
In the latter, the lender is not allowed to exploit the land for benefit
In the former, the lender is not allowed to exploit the land for benefit
All of the options

Q58 Chris transferred ownership of his land to Iya in consideration for a loan, under the understanding that Iya could exploit the land to obtain benefit. Chris and Iya are ?��?��?.. Respectively
Pledgor and Pledgee
Pledgee and Creditor
Mortgagor and Mortgagee
Pledgee and Pledgor

Q59 Koko pledged his land to Simbi in consideration for a loan. Simbi planted cassava on the land. Koko paid back the debt before the cassava was ripe for harvesting. What will happen to the cassava?
It will be taken over by Koko
It will be destroyed
Simbi wil be allowed to harvest.
It will be sold and the proceeds shared between Koko and Simbi.

Q60 Koko pledged his land to Simbi in consideration for a loan which was to be repaid a year later. Simbi erected a 2 storey building on the land. What will happen to the building after Koko pays back the debt?
It will be sold by Simbi
It will be demolished
Simbi will be allowed to claim rent on it for a while
Koko will take it over.

Q61 Why did the court refuse to recognise a temporary grant of land for building purpose in Adeyemo v. Ladipo?
Because it was not paid for
Because it is unknown to customary law
Because there was no evidence in writing
Because the building was never completed

Q62 Abu was favoured by the Oba of Oka Kingdom and given a massive expanse of land in perpetuity on condition that he and his descendants offered sacrificial gifts to the oba during the yearly God-King festival. Upon his death, Abu heir – Pastor Igbafe refused to offer the annual sacrificial gifts but has held on to the land on which he intends to erect a church. His claim is that the land cannot be recalled since it is subject to inheritance. Is this correct?
Yes because it is an absolute gift
Yes, because it is a conditional gift
No because it is an absolute gift
No because it is a conditional gift

Q63 Which of the following is the most fundamental means of determining whether a purchaser has acquired legal interest in land under English/Statute law?
Payment of consideration
Issuance of receipts
Execution of deed of conveyance in favour of the purchaser
Entering into possession

Q64 Jide purported to buy land from Chief Balogun under customary law. Though he paid the purchase price, he was never let in possession. Advise Jide
The sale is not valid
The sale is valid
The sale has been converted to a sale under English law
The sale is unconditional

Q65 Exchange of money may be conclusive proof of sale if
consideration is sufficient
done in the presence of witnesses
done in respect of a sale of land
there is no doubt as to the intention of the parties that the exchange is to give effect to the owner parting with his/her entire interest.

Q66 Under customary law, alienation of land by pledge, gift or borrowing was coupled with
payment of consideration
the possibility of repossesson subject to certain conditions
intermarriage
proof of ownership

Q67 Why was alienation of communal land discouraged under customary land
Land belongs to present and future generations
Land is the foundation of life
Land is the seat and evidence of power
Land is proof of original title

Q68 The following constitute derivative title except
Gift
Sale
settlement
inheritance

Q69 One of the following tribes tend to trace their title to land and power to conquest by their ancestor
The Binis of Edo State
Boko Haram
The Ikwerres of Rivers State
The Fulanis of Northern Nigeria

Q70 From your knowledge of Nigerian land law, what would you say is the basis for the Palestinian claim to parts of Isreali territory today
Conquest
Settlement
None of the Options
All of the options

Q71 The problem with applying received English notions of land ownership to customary land tenure was examined in
Abraham v. Olorunfemi
Elias v. Tobi
Balogun v. Oshodi
Okoya v. Santilli

Q72 Which of the following maxims may apply to a converstion of customary holding to fee simple?
Nemo dat quod non habet
Lex non cogit ad impossibilia
Nositua a sociis
Expressio unius est exclusio alterius

Q73 Title obtained by ?��?. is a derivative title
conquest
sale
first settlement
all of the options

Q74 In a community where settlers were allowed to possess community land and have passed on their possessory rights over several generations without hindrance from the original communal owners or their descendants, their possessory right is likely to
Be held invalid
Continue in perpetuity
Become the basis for keeping away intruders
Ripen into title

Q75 The following are acts of possession except
Sale
Fencing
Planting of trees
Building

Q76 Which of these notions may have been introduced into the customary notion of property ownership via English land law
Tenancy
Communal ownership
Individual ownership
None of the options

Q77 One of the following characterises the nature of ownership under customary law
Sole
Joint
extended
corporate

Q78 A landowner who rents his land to Boko Haram for use as their training camp can be said to have used it for ?��?
a material purpose
a purpose detrimental to his interest
a substantial purpose
an invaluable purpose

Q79 The meaning of ownership was explained in the case of
Young v. Abina
Suberu v. Sunmonu
Abraham v. Olorunfemi
Maja v. Johnson

Q80 In an action for declaration of title to land, title connotes
Ownership
Possession
Reversion
Occupation

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