COUNCIL OF LEGAL EDUCATION
NIGERIAN LAW SCHOOL
LAGOS CAMPUS
PROPERTY LAW PRACTICE DEPARTMEMNT
2016/2017 ACADEMIC SESSION
WEEK
4: DEEDS
DECEMBER
07, 2016
TASKS
Enefaa
Chamberlain lives at 45, Teller Road, Onitsha and he is the sole importer of Latung
laptops in Nigeria. He also has interests in real estate, telecommunications
and agro-allied businesses. He is from Bayelsa State, Nigeria. He purchased the
following properties through his estate consultant, Prince
Ignatius Bako, of Brock Estate Brokers and Property Consultants:
(1) The 4-bedroom duplex at 22, Bank
Road, Ikoyi, Lagos with Title number: LO/986597;
(2) The sixty-feet wide warehouse at
31, Kreku Street, Auchi Road, Benin City, Edo State;
(3) The block of six flats at 44,
Apple Avenue, Enugu, Enugu State;
(4) A vacant plot of Land at
Kilometre 77, Zaria-Kano Road, Kaduna, Kaduna State; and
(5) The two-winged duplex at 13, Works Road, Wuse,
Abuja registered as 87/87/2011
Enefaa
Chamberlain retained the services of Prof Owena Briggs, SAN, under a general
retainership, which began in 2012. In view of the economic recession in the
country, Enefaa Chamberlain has decided to source for funds to expand and boost
the liquidity of his businesses. To this end, he intends to do the following:
a. Obtain a loan of N350 million
from Nigeria Agric Bank Plc (having its head office at 61 Abba Crescent, Area
10, Garki, Abuja), and plans to use the property in Ikoyi as security for the
loan.
b. Dango Ventures Nigeria (a
business outfit owned by Mr Terry Bam) has agreed to purchase the property in
Enugu for N210 million;
c. Mr Terry Bam is personally
negotiating purchase of the property in Benin City, Edo State.
d. Enefaa Chamberlain has just
rounded off negotiations with the National Secretariat of National Association
of Nigerian Students (NANS) in respect of the right wing of the property in
Wuse, Abuja. NANS intends to take the property for a term of seven years, for
use as its national headquarters.
e. Den-Cruz Nigeria Limited (of 13,
Asokoro Road, Wuse, Abuja) has agreed with Enefaa Chamberlain to take the
second wing of the property in Wuse on a three-year lease, which the company
plans to use as the official residence for its Managing Director, Dr Oyin
Mogaji.
Meanwhile,
Enefaa Chamberlain has instructed his lawyer (Prof Briggs) to immediately
undertake the following legal jobs:
(a) to draft a document, for the
purpose of authorizing Brock Consulting Limited to find a buyer and sell the
property in Kaduna for a sum not less than N70 million within six months of
receiving the instructions; and
(b) to draft a document to contain
specific instructions on disposal of Enefaa Chamberlain`s assets and properties
on Enefaa Chamberlain`s death. Enefaa Chamberlain wishes to be buried inside
the sitting room of his residential house at 45, Teller Road, Onitsha, when he
dies. He wishes also that his three children, Tom Chamberlain (19 years old),
Mary Chamberlain (13 years old) and Rita Chamberlain (22 years), together with
his friend, Prince Jibola Jaja to be in charge of managing his estate, after
his death. Enefaa Chamberlain would want Prof Briggs to also reflect these
wishes in the said written instructions.
For
these two instructions, Prof Briggs has written Enefaa Chamberlain for a
professional fee of N500,000:00 and has asked Enefaa Chamberlain to make a down
payment to him N300,000:00 “on account.” Enefaa Chamberlain intends to object
to Prof Briggs` demand for N500,000:00 as professional fees. Enefaa Chamberlain
is of the opinion that since Prof Briggs has been collecting N1 million
annually from him (Enefaa Chamberlain) as retainership fee, he is not obliged
to pay Prof Briggs any other fees for the work he has just given to Prof
Briggs.
Answer
the following questions, based on the above scenario:
(1) State the final document of
transfer executed or required to be executed by the parties in each of the
following (completed or contemplated) transactions in order to complete each
transactions:
(a)
Creation
of legal mortgage in respect of the property in Ikoyi, Lagos
(b)
The
transaction between Dango Ventures Nigeria and Enefaa Chamberlain;
(c)
The
planned purchase of the property in Benin City, Edo State;
(d)
The
transaction involving the National Association of Nigerian Students (NANS);
(e)
The
transaction involving the second wing of the property in Wuse, Abuja;
(2) List
out the particulars Professor Owena Briggs would need to obtain from the
parties in the transaction referred to in question 1 (b) above, to enable him
prepare the final document the parties would execute in order to complete the
transaction.
(3)
Mention
the various parts/segments of the document referred to in question 1(b) above,
and enumerate all the matters/clauses to be included in each of the parts/segments
mentioned.
(4) Draft
the document you mentioned in question 1 (b) above, ready for execution.
(5) Draft the
introductory and concluding parts only of the final document the parties would
need to execute in order to complete
(i)
the transaction involving the property in Enugu and
(ii)
the transaction involving the right wing of the
property in Wuse, Abuja.
(6) Assuming
the Assignee in the transaction involving the property in Enugu is Jamiu Family
of 90, Arin Street, Lokoja, Kogi State, with the following as the principal
members: Alheri Zainab Jamiu (family head), Mr. Ferdinard Jamiu, Mrs Zitta
Jones (nee Jamiu), and Mr. Femi Jamiu. Draft
the introductory and concluding parts of the final document the parties would
need to execute in order to complete the transaction.
(7) Would
your answer in question (6) above be different if Mr. Jude Jerewo and His wife,
Mrs Jemima Jerewo, both of 44, Duro Street, Anthony Lagos were the assignors of
the property in Enugu and Mr. Chang Wungi, who lives at 88, Marina Lagos and
speaks and understands only the Chinese Language, was the assignee?
(8)
State any six (6) instances in which the use of Deed
is mandatory in property transactions, and any six (6) instances in which the
use of Deed is not mandatory.
(9)
Identify all known similarities and differences
between the transaction involving the right wing of the property in Wuse, Abuja
and the transaction involving the second wing of the same property.
(10)
Highlight briefly the functions of each of the
following clauses when found in a Deed.
Discuss also the effect (if
any) of non-inclusion of each of the clauses in a Deed:
a) Recital;
b) Schedule
c) Date
d) Attestation
e) Signing
f) Franking
(11)
Comment on the implications (if any) of leaving a Deed
un-dated. How is the
commencement
date of an un-dated Deed ascertained?
(12)
Assuming a formal seal was not actually affixed on the
final document executed to
complete
the transaction involving the property in Ikoyi, even though the document was
signed by all relevant parties and duly attested. Now, the Bank has commenced
an action in the High Court for recovery of the mortgage sum & interests,
following Mr. Chamberlain’s default in repaying the loan. Mr. Chamberlain is opposing
the action on grounds that the document executed is void because it (the
document) was not sealed. Advise the parties.
(13)
Would your answer to question (12) above be different
if the mortgagee in the
transaction
was Mr. Nat Okoro? Give reasons for your answer.
(14)
Comment
briefly on the correct order for the perfection of the document you drafted
in answer to question (4) above.
Are they any legal implications for failure to get the document perfected?
INSTRUCTIONS:
1.
All groups to consider ALL questions
in groups.
2.
Answers to group questions MUST
be submitted online (as an attachment) to plp@lawschoollagos.org,
not later than 9pm on Tuesday, December 6, 2016.
3.
Hard copy to be submitted to any
of the lecturers in the department not later than 9am on Wednesday, December 7,
2016.
4.
Each student MUST study the topic
(DEEDS) in advance, and get ready for presentations in class and to answer
questions on the topic as well as on the above tasks.
5.
Some relevant reading materials:
a) Real
Property Law & Practice In Nigeria (published in 2014 (by Felicia O.
Eimunjeze);
b) Understanding
Legal Drafting & Conveyancing) (2012 edition, by Sylvester Imhanobe);
c) Property
Law Practice In Nigeria (3rd edition 2105 by Y.Y Dadem);
d) Source
Book On Property Law Practice (by Ada Odor & F.J. Oniekoro ).
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