Commitment Towards Young Lawyers and Law Student Advancement

Tuesday 20 December 2016

PROPERTY LAW PRACTICE task week 1

By 09:01




COUNCIL OF LEGAL EDUCATION
NIGERIAN LAW SCHOOL
LAGOS CAMPUS

PROPERTY LAW PRACTICE DEPARTMEMNT

2016/2017 ACADEMIC SESSION

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:

  1. 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.
  2. Dango Ventures Nigeria (a business outfit owned by Mr Terry Bam) has agreed to purchase the property in Enugu for N210 million;
  3. Mr Terry Bam is personally negotiating purchase of the property in Benin City, Edo State.
  4. 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.
  5. 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 N300,00 “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:


Answer the following questions, based on the above scenario:

1.      Identify the various property Law Practice jurisdictions in Nigeria, and the specific States/areas covered by each jurisdiction.

2.      Identify, in the correct sequence, the nature of each of the transactions carried out or contemplated in the above scenario and specify the parties involved in each of them and the appropriate legal status or designation of the parties.

3.      State the various laws and taxes that would apply to each of the identified transactions, and mention the authorities responsible for collecting the various taxes.

4.      Advise the parties in each transaction on the various documents that may be prepared in respect of each of the transactions and whose responsibility it is to prepare the documents. State also the stages at which each document is to be prepared.

5.      With the aid of statutory and judicial authorities, list out any eight (8) ethical or professional responsibilities Prof Owena Briggs (SAN) owes Chief Chamberlain in the course of acting as Chief Chamberlain`s lawyer in the various transactions undertaken or contemplated in the above scenario.

6.      Assuming Chief Chamberlain is now dead, state the nature of the various grants that may be obtained in respect of his estate, and mention the persons that would have the responsibility/authority to apply for the mentioned grants.



      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, 22 November 2016.

3.                  Hard copy to be submitted to any of the lecturers in the department not later than 9am on Wednesday, 23 November 2016.

4.                  Each student MUST study the topic (general overview and applicable laws in property law practice) 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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