NLS DRAFTS ON PROPERTY LAW PRACTIC

DRAFTING TIPS

ON

PROPERTY LAW
PRACTICE

NIGERIAN LAW SCHOOL

(2020/2021)

EYEKE KENNETH SAMUEL

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TABLE OF CONTENTS

1. (WEEK 3) MEANING AND SCOPE OF PROPERTY LAW - 3

2. (WEEK 4) DEEDS - 5

3. (WEEK 5) POWER ATTORNEY - 11

4. (WEEK 6) SALE OF LAND (PART 1) - 19

5. (WEEK 7) SALE OF LAND (PART 2) - 26

6. (WEEK 8) LAND REGISTRATION LAW - 34

7. (WEEK 9) PROPERTY LAW PRACTICE LEASE 1 - 40

8. (WEEK 10) LEASES AND TENANCIES (PART 2) - 44

9. (WEEK 11) MORTGAGES 1 - 57

10. (WEEK 12) MORTGAGES & CHARGES 2 - 62

11. (WEEK 13) MORTGAGES AND CHARGES 3 - 62

12. (WEEK 14) LAND REGISTRATION (LAGOS), 2015 - 70

13. (WEEK 15) WILLS AND CODICIL – 1 - 78

14. (WEEK 16) WILLS AND CODICILS PART 2 - 81

15. (WEEK 17) WILLS AND CODICILS 3 - 83

16. (WEEK 18) PROBATE PRACTICE & ADMINISTRATION

OF ESTATE - 88

17. (WEEK 19) PERSONAL REPRESENTATIVES AND ASSENT - 93

18. (WEEK 20) TAXATION IN PROPERTY LAW PRACTICE - 97

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Week 3
GENERAL OVERVIEW AND APPLICABLE LAWS TO PROPERTY LAW
PRACTICE

The word property has a variety of meanings depending on the context in

which it is used. Sometimes, it may mean ownership or title such as when it
is said that property in the goods passes to the buyer immediately the
contract of sale is concluded whether or not the goods have been
physically transferred to him. It may mean the ‘res’ (thing) over which
ownership may be exercised. It may also mean an interest in a thing less
than ownership but nevertheless conferring certain rights such as when it is
said that ‘B’ as pledgee has ‘special property’ in the subject matter of the
security – Donald v. Suckling.

Property Transactions, Parties, Documents Involved

S/ Transactions Parties Document Responsibility of

N Drafting the
Document

1 Assignment Assignor/Assignee Deed of Assignee’s

Assignmen Solicitor
t

2 Conveyance/Co Vendor/Purchaser Deed of Vendor’s Solicitor

ntract of Sale Conveyanc
e

3 Mortgage Mortgagor/Mortgagee Deed of Mortgagee’s

Legal Solicitor
Mortgage

4 Gift of Land Donor/Donee Deed of Donee’s Solicitor

Gift

5 Lease Lessor/Lessee Deed of Lessor’s Solicitor

Lease

6 Sub-Lease Sub-Lessor/Sub- Deed of Sub-Lessor’s

Lessee Sub-Lease Solicitor

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7 Tenancy Landlord/Tenant Tenancy Landlord’s

Agreement Solicitor

8 Donation of Donor/Donee Power of Donor’s Solicitor

Power Attorney

9 Will/Codicils Testator/Testatrix; Will Testator/Testatrix’

Executor/Executrix; s Solicitor
and Beneficiaries

10 Assent Personal Assent Personal

Representatives/Benefi Representatives’
ciaries Solicitor

11 Administration of Administrators/Benefici Letter of

Estate aries Administrat
ion

12 Search Search Purchaser/Mortga

Report gee’s Solicitor

13 License Licensor/Licensee

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Week 4
DEEDS AND DEED OF CONVEYANCE

A deed is a document which passes interest in property (a deed of conveyance)

or which binds a person to perform or abstain from doing some action. It is a
general word to describe a document, which is in writing on a good
quality/durable paper (papers like A4 paper, Indenture paper, and parchment)
that is signed, sealed and delivered. This essence is for the transaction
contained in the deed to be binding and has the force of the Law. Example of
deeds are Deed of lease, gift, transfer, release, mortgage, assignment etc. A
deed of release of mortgage may be used to discharge a legal mortgage created
by deed. Factors required for validity of a deed are the deed must be signed,
sealed and delivered.
Note: A deed is different from a contract of sale. A contract of sale becomes
binding upon the exchange of their parts (of the document) by both parties to the
contract. A deed becomes binding upon delivery without necessarily parting with
the possession of the deed - once there is intention to be bound, the parties
become bound.

SAMPLE DRAFTS OF DEEDS

Deed of Assignment

THIS DEED OF ASSIGNMENT is made the 6th day of December, 2020

BETWEEN
Mrs. Ashley Alobi, a trader of No. 75 Ibong Street Calabar, Cross River State
(The Assignor) on the one part
AND
Professor Bukola Akinola, a lecturer of No. 5 Straight Road Akure, Ondo State
(The Assignee) on the other part.

BACKGROUND
This Deed recites as follows:
1. The Assignor is the legal owner of a Certificate of Occupancy No.
49/59/2018A over a parcel of land with six blocks of flat situate at No. 5
Straight Road Akure, Ondo State.
2. The Assignor is willing to alienate her interest while the Assignee is willing to
buy subject to the conditions to be stated herein.
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NOW THIS DEED WITNESSES AS FOLLOWS:

In consideration of the sum of thirty five million naira (N35, 000, 000.00) now
PAID to the Assignor by the Assignee (the Receipt of which the Assignor hereby
acknowledges), the Assignor as a BENEFICIAL OWNER ASSIGNS ALL THAT
parcel of Land with six blocks of flat situate at No. 5 Straight Road Akure, Ondo
State covered by a Certificate of Occupancy No. 49/59/2010A and more rightly
described in the Survey plan to be prepared by a licensed Surveyor attached to
the Schedule with all rights, easements and appurtenances TO HOLD unto the
Assignee as holder of a Statutory right of Occupancy for the term unexpired on
the Certificate of Occupancy.

IN WITNESS OF WHICH the parties have executed this Deed in the manner
below the day and year first above written.
(Or if it is an individual and a corporate body that are the parties, then it may be
like this:
IN WITNESS OF WHICH the Assignor has signed this Deed and the Assignee (a
company) has caused its common seal to be affixed in the manner below the day
and year first above written.)

SCHEDULE
1. Survey Plan

SIGNED, SEALED AND DELIVERED

By the Assignor

…………………………
Mrs. Ashley Alobi

IN THE PRESENCE OF:

Name: Eyeke Kenneth Samuel
Address: No. 12 Umoji Street Abakaliki, Ebonyi State
Occupation: Lawyer
Signature:
Date: 6th December, 2020

SIGNED, SEALED AND DELIVERED

By the Assignee

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…………………….
Prof. Bukola Akinola

IN THE PRESENCE OF:

Name: Ayorinde Victor O.
Address: No. 8 Ahmad Road, Akure, Ondo State
Occupation: Business Man
Signature:
Date: 6th December, 2020

I CONSENT TO THIS AGREEMENT

………………………………
DATED THE 16th DAY OF DECEMBER, 2020
GOVERNOR OF ONDO STATE

Deed of Assignment where a Party is an Illiterate/Blind Person

THIS DEED OF ASSIGNMENT is made the 6th day of December, 2020

BETWEEN
Mrs. Ashley Alobi, a trader of No. 75 Ibong Street Calabar, Cross River State
(The Assignor) on the one part
AND
Zenith Bank Plc. a body corporate duly incorporated under the Company and
Allied Matters Act, CAP C20 LFN 2004 with RC 8356 and its registered office
address at 10 Bank Street Victoria Island, Lagos State (The Assignee) on the
other part.

BACKGROUND
This Deed recites as follows:
3. The Assignor is the legal owner of a Certificate of Occupancy No.
49/59/2018A over a parcel of land with six blocks of flat situate at No. 5
Straight Road Akure, Ondo State.
4. The Assignor is willing to alienate her interest while the Assignee is willing to
buy subject to the conditions to be stated herein.

NOW THIS DEED WITNESSES AS FOLLOWS:

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In consideration of the sum of thirty five million naira (N35, 000, 000.00) now
PAID to the Assignor by the Assignee (the Receipt of which the Assignor hereby
acknowledges), the Assignor as a BENEFICIAL OWNER ASSIGNS ALL THAT
parcel of Land with six blocks of flat situate at No. 5 Straight Road Akure, Ondo
State covered by a Certificate of Occupancy No. 49/59/2010A and more rightly
described in the Survey plan to be prepared by a licensed Surveyor attached to
the Schedule with all rights, easements and appurtenances TO HOLD unto the
Assignee as holder of a Statutory right of Occupancy for the term unexpired on
the Certificate of Occupancy..

IN WITNESS OF WHICH, the parties have executed this Deed in the manner
below the day and year first above written.

SCHEDULE
1. Survey Plan

SIGNED, SEALED AND DELIVERED, By the Assignor, Mrs. Ashley Alobi, being
blind, the contents of this Deed having been first read and interpreted (aloud if
Blind) to her From English language to Calabar Language by me Udoh Edet of
No. 15 Bank Street Lagos when she appeared perfectly to have understood
same before affixing her thumbprint.

BEFORE ME

………………………
MAGISTRATE/ NOTARY PUBLIC

The common seal of Zenith Bank Plc. (The Assignee) was affixed to this Deed on
the 6th day of December, 2020 and was duly delivered in the presence of:

………………. .......................
Director Secretary

I CONSENT TO THIS AGREEMENT

__________________________
DATED THE 16th DAY OF DECEMBER, 2020
GOVERNOR OF ONDO STATE
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Deed of Assignment Where the Donee of a Power of Attorney Executes on

Behalf of a Party to the Agreement.

THIS DEED OF ASSIGNMENT is made the 6th day of December, 2020

BETWEEN
Mrs. Ashley Alobi, a trader of No. 75 Ibong Street Calabar, Cross River State
(The Assignor) on the one part
AND
Zenith Bank Plc. a body corporate duly incorporated under the Company and
Allied Matters Act, CAP C20 LFN 2004 with RC 8356 and its registered office
address at 10 Bank Street Victoria Island, Lagos State (The Assignee) on the
other part.

BACKGROUND
This Deed recites as follows:
5. The Assignor is the legal owner of a Certificate of Occupancy No.
49/59/2018A over a parcel of land with six blocks of flat situate at No. 5
Straight Road Akure, Ondo State.
6. The Assignor is willing to alienate her interest while the Assignee is willing to
buy subject to the conditions to be stated herein.

NOW THIS DEED WITNESSES AS FOLLOWS:

In consideration of the sum of thirty five million naira (N35, 000, 000.00) now
PAID to the Assignor by the Assignee (the Receipt of which the Assignor hereby
acknowledges), the Assignor as a BENEFICIAL OWNER ASSIGNS ALL THAT
parcel of Land with six blocks of flat situate at No. 5 Straight Road Akure, Ondo
State covered by a Certificate of Occupancy No. 49/59/2010A and more rightly
described in the Survey plan to be prepared by a licensed Surveyor attached to
the Schedule with all rights, easements and appurtenances TO HOLD unto the
Assignee as holder of a Statutory right of Occupancy for the term unexpired on
the Certificate of Occupancy.

IN WITNESS OF WHICH the parties have executed this Deed in the manner
below the day and year first above written.

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SCHEDULE
1. Survey Plan

SIGNED, SEALED AND DELIVERED

By the Assignor
…………………………
Mrs. Ashley Alobi
Through her true and lawful Attorney Mr. Eyeke Kenneth Samuel by virtue of a
Power of Attorney dated the 4th day of February 2020 and registered as
10/23/2020A at the Lands Registry Cross River State.

IN THE PRESENCE OF:

Name:
Address:
Occupation:
Signature:
Date:

SIGNED, SEALED AND DELIVERED

By the Assignee
…………………….
Prof. Bukola Akionla

IN THE PRESENCE OF:

Name:
Address:
Occupation:
Signature:
Date:

I CONSENT TO THIS AGREEMENT

________________________________
DATED THE 16th DAY OF DECEMBER, 2020
GOVERNOR OF ONDO STATE

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Week 5
POWER OF ATTORNEY

A power of attorney is an instrument (a document in writing) usually but not

necessarily a deed, by which the principal called “donor” appoints an agent called
“donee” and confers authority on him to perform certain specified acts or kinds of
acts on his behalf – Ude v Nwara; Chime v. Chime.1As it relates to Real
Property Law, it was held by the Supreme Court in Ude v Nwara2that it is a
document, usually but not always necessarily under seal, whereby a person
seized of an estate in land (the donor) authorises another person (the donee),
who is called his attorney to do in the stead of the donor anything which the
donor can lawfully do, usually spelt out in the Power of Attorney.
A power of attorney may not always be in writing. It could also be given orally. A
power of attorney can thus be used for many purposes, for example to manage
property, to receive and sue for rent and rates, to prosecute a case in court, to
transfer or convey interest in land, including complete alienation etc. Power of
attorney can be conferred on more than one person; however it’s necessary to
spell out each person’s function to avoid conflict. When in respect of family or
community property, the head of the family/community must be present either as
a sole donor or a co-donor.
SAMPLE DRAFT OF POWER OF ATTORNEY

BY THIS POWER OF ATTORNEY given this______ day of ____2020

I, Pastor Enoch E. Adebayo, of No 19 Glory Avenue, Redemption Camp (donor)
appoint Eyeke Kenneth Samuel, a Legal Practitioner of Plot 66 Nkaliki Street,
Abakaliki (donee) to be my true and lawful Attorney and in my name and on my
behalf to do all or any of the following acts or things namely:
1. To manage my property at Plot 042 Redemption Estate, Lagos
2. To let/lease my property at Plot 55 Obi Okoye Street, Port Harcourt
3. To collect rent for property at Plot ____________________________
4. To render account of the rent so collected for Plot _____________ for a
period of … years
5. To sell my property at No __________________________
6. To sell my property at No 65 Amina Street, Kaduna

1
(2001) 3 NWLR (Pt. 701) 527
2
(1993) 2 NWLR (Pt. 278) 647

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AND to do all things necessary and incidental to the matters above as I may
lawfully do.

And it is declared that this Power of Attorney shall be irrevocable for a period of
11 months from the … day ……………… 2020.

IN WITNESS OF WHICH I, the said Pastor Enoch E. Adebayo, have executed

this Power of Attorney the day and year first above written.

SIGNED, SEALED AND DELIVERED by General Pastor Enoch E. Adebayo

IN THE PRESENCE OF:
Name:
Address:
Occupation:
Signature:
Date:

Prepared by:
Nwokeke Chidera, Esq
Zenith Chambers
No 13 Eagles Street, Abuja.

Draft of a Power of Attorney to Execute a Sub-Lease [Deed] Irrevocable For

Six Months

BY THIS POWER OF ATTORNEY made this______ day of ____2020.

I, Chief Eyeke Kenneth of No. 3 Ademola Street, Ikeja, Lagos (DONOR)

APPOINT Mr. Afolabi Samuel of No 66, Mukumu Road, Kano, Kano state
(DONEE) to be my true and lawful attorney and in my name and on my behalf to
do all or any of the following acts:

1. To create a term of ten (10) years over my property, the block of four flats at
27, Sabon Gari, Kano, Kano state, covered by Certificate of Occupancy NO
37679 date 23/11/2013 and registered as 45/45/2098 in favour of Lawal Bashir &
Sons Limited whose registered office is at 5, Nuhu Street, Kano, Kano state.

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2. To commence and conclude the transaction on my behalf and on my behalf to

sign all necessary documents in respect of the transaction with Lawal Bashir &
Sons Limited.

3. To collect from Lawal Bashir & Sons Limited the sum of N30 million, the sum
being the agreed rent for the property for the first three years of the lease and to
remit the money collected into my account less his fees, charges and
commission as may be agreed between the two of us.
AND to do all and any other things and to exercise all other powers as are
necessary and incidental for the purpose of carrying out of the powers created
above as I may lawfully do.
AND I DECLARE that this Power of Attorney shall be irrevocable for a period of
six (6) months from the date of its execution.
OR
AND I DECLARE that in consideration of the sum of N50, 000 already paid by
the donee to the donor (the receipt of which the donor acknowledges), this power
of attorney shall be irrevocable.
IN WITNESS OF WHICH I, the Donor, has executed this Power of Attorney in the
manner below the day and year first above written.
SIGNED, SEALED AND DELIVERED by the within named DONOR
_________________________
CHIEF EYEKE KENNETH

IN THE PRESENCE OF:

Name:
Address:
Occupation:
Signature:
Date:

PREPARED BY
Nwokeke Chidera, Esq
Zenith Chambers
No 13 Eagles Street, Abuja.

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Draft by Registered Trustees

BY THIS POWER OF ATTORNEY made this ______day of______2020,

We the Registered Trustees of Igboamaka Progressive Union of Lagos,
registered under the Companies and Allied Matters Act with registered office at
15, Authur Eze Street, Ikeja, Lagos state (DONOR) APPOINT Mr. Kenneth Okwor
of 6, Alkali Street, Onitsha, Anambra State (DONEE) to be our true and lawful
attorney and in our name and on our behalf to do all or any of the following acts:
1. ………………………..
2. ………………………..
3. ………………………..

AND to do all and any other things and to exercise all other powers as are
necessary and incidental for the purpose of carrying out of the powers created
above as we may lawfully do.
THE COMMON SEAL of the Registered Trustees of Igboamaka Progressive
Union of Lagos was affixed to this Power of Attorney and it was duly delivered.
IN THE PRESENCE OF

__________________ __________________
SECRETARY/TRUSTEE TRUSTEE
PREPARED BY:
Nwokeke Chidera, Esq
Zenith Chambers
No 13 Eagles Street, Abuja.

A Draft of the Testimonium and Execution Clauses of Sub-Lease Executed

under Power of Attorney
IN WITNESS OF WHICH the parties have executed this DEED in the manner
below the day and year first above written:
SIGNED, SEALED AND DELIVERED by
__________________________________
the lawful attorney of Chief Eyeke Kenneth, the sub-lessor by virtue of a power of
attorney dated____ and registered as num _____page_____ vol _____ of the
Lands Registry Office at _____state.

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THE COMMON SEAL of Lawal Bashir & Sons Limited has been affixed pursuant
to a Resolution dated ______and duly delivered.

IN THE PRESENCE OF

________________ _________________
SECRETARY DIRECTOR
PREPARED BY:
Nwokeke Chidera, Esq
Zenith Chambers
No 13 Eagles Street, Abuja

Power Of Attorney Executed By Husband and Wife

BY THIS POWER OF ATTORNEY made this _____day of____2020,

We Mr. Otache Shaibu (1) and Mrs Brisibe P. Otache (2), all of 3 Tinubu Street,
Ikeja, Lagos state (DONOR) APPOINT Mr. Geoffrey-Mina Marily of 16, Sabon
Gari, Kano, Kano state (DONEE) to be our true and lawful attorney and in our
name and on our behalf to do all or any of the following acts:

1. ………………………..
2. ………………………..
3. ………………………..

AND to do all and any other things and to exercise all other powers as are
necessary and incidental for the purpose of carrying out of the powers created
above as we may lawfully do.

IN WITNESS OF WHICH, We the Donors have executed this Power of Attorney

in the manner below the day and year first above written.
SIGNED, SEALED AND DELIVERED by within named Donors
1. ________________
MR. OTACHE SHAIBU
2. _________________
MRS. BRISIBE P. OTACHE
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IN THE PRESENCE OF
Name
Address
Occupation
Signature

PREPARED BY:
Nwokeke Chidera, Esq
Zenith Chambers
No 13 Eagles Street, Abuja
.
Draft Sample of Concluding Part of Deed of Assignment Executed By
Attorney On Behalf of Donor

IN WITNESS OF WHICH the parties have executed this deed of assignment in

the manner below on the date and year first above written
SIGNED, SEALED AND DELIVERED by
_____________________________
Waate Goodness Niabari,
(Lawful Attorney of Dr. Esegi Maureen Izibevie (the assignor) by virtue of Power
of Attorney dated 09/09/2026 and registered as NO 3 at page 9 in volume 2044
in the Lands Registry, Yola, Adamawa State)
IN THE PRESENCE OF:
NAME: _____________________________
ADDRESS: __________________________
OCCUPATION: _______________________
SIGNATURE: _________________________

READ THE FOLLOWING CASES:

1. Ibrahim Vs. Obaje (2018) All FWLR (pt. 937) 1682
2. Ezeigwe v. Awudu (2008) 11 NWLR (pt. 1097) 158
3. Chime v. Chime (1995) 6 NWLR (pt. 404) 734
4. Ude v. Nwara (1993) 2 NWLR (pt. 278) 638
5. Abina v. Farhat (1938) 14 NLR 18
6. ACB Ltd and Others v. Ihekwoaba and others (2004) FWLR (pt 194) 555

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WEEK 5 ASSIGNMENT:

Nnamdi Ali is a retired Director of Procurement in the Ministry of Defence, Abuja.

He is from Ogidi in Anambra State. He lives at Plot 86 Golf Club Road, Awka.
Because of his family business background and the money, he made while in
service, Ali became very rich and is now a successful entrepreneur. He has great
investments in tourism, real estate and aviation. In 2015, he registered a
company in Pretoria, South Africa with the main object in manufacturing, Oil and
Gas. He has concluded plans to set up a huge mechanized farm at Ado Odo in
Ogun State. Being mindful of his busy schedule and limited time to personally
oversee and manage his businesses in Nigeria, he is at a loss as to what he can
do with his wide investments without any set back.
He has granted term of years to different people with respect to some of his
properties located at:
1. No. 12 Regina Road, Port Harcourt, Rivers State;
2. Plot X16 Jamjam Way, Abuja,
3. No. 104 Adam Road, Asaba, Delta State
4. Plot 96H North Bank Road, G.R.A., Enugu and
5. No. 45 Ebega Road, Lagos.
The terms of lease on most of the properties will lapse in the second quarter of
2020.
Ali is desirous of creating further term of years and/or transfer of his unexpired
residue in some of the properties. Occasionally, he engages his cousin,
GafarIbekwe to act for him in respect to overseeing his business investments and
dealings on his properties in Nigeria.
On April 1 2020, Ali agreed to grant a term of six years to Miss DayoIdoko of No.
45 Ebega Road, Lagos at an annual rent of N4m in respect of his property at 45
Ebega Road, Lagos. He has also concluded agreement to sell his property at
Plot 96H North Bank Road, G.R.A., Enugu to Mrs. Mabel Ololade at a price of
N60m. To raise more funds for the mechanized farm project, Ali has decided to
use his property at Plot X16 Jamjam Way, Abuja to secure a loan of N40m from
Royal Bank PLC.

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Questions
(1) Identify all the Property Law transactions contemplated in the above scenario,
the document/s to be executed for each transaction and the person that
should prepare the documents.
(2) Assuming Ali hurriedly relocated to South Africa after a kidnap attempt on him
and he has decided to fully engage GafarIbekwe to oversee his estate, advice
Ali on steps to take to enable him to conclude the two pending transactions,
the document to be executed and its features.
(3) (i) List the information you will require to draft the said instrument(s) in (2)
above, if any.
(ii) List the various clauses to be included in the document.
(iii) List the differences between the document mentioned in 2 above and
any of the documents identified in 1 above.
(4) (i) Assuming Ali appointed “Lindodo Biz Enterprises” as his attorney, comment
on the validity or otherwise of the appointment. Would your answer be the
same if he appointed “Chairman, Dodondawa Investments Ltd”? Explain
briefly.
(5) Draft the instrument(s) mentioned in (2) above, using the above scenario.
(6) Comment on the effect of the death of Alliafter executing the instrument in
favour of Ibekwe
(7) Assuming while on a short visit to Nigeria, comment on the validity or
otherwise of the subsequent sale of the property in Enugu, by Ali to Ericco
Telecommunications limited. Ibekwe has threatened to sue Alli for breach of
contract. Advise the parties.
(8) Assuming Ibekwe actually sold the property to Mrs Ololade, draft the
introductory and concluding parts to be included in the final document the
parties would execute.
(9) Assuming Ali had on June 30, 2018 executed an instrument of delegation
authorizing BoluIkuku to manage his property at Plot X16 Jamjam Way,
Abuja, the instrument was expressed to be irrevocable; Ali died nine (9)
months after executing the instrument, Bolu collected rents from the tenants
on April 25, 2019? Give reason(s) for your answer as it affects the estate of
late Nnamdi Ali.

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Week 6
CONTRACT OF SALE AND CONVEYANCING I
Sale of land is a process by which interest or rights in land are
created/transferred from one person to another. The person transferring the
interest is the vendor/seller and the person to whom the interest is transferred is
the purchaser/buyer. In certain instances, the consent of 3rd parties is required to
perfect the transfer – consent of Governor, head lessor. Conveyancing is the
transfer of the total interest (legal and equitable) from one person to another.
The applicable laws in a contract of sale are: CFRN 1999, CA 1881& 1882, PCL,
Land Instruments Registration Lawsof various states, Registration of Title
Law, Stamp Duties Law, and Land Instrument Preparation Law. The means
of acquiring land in Nigeria are by:
1. Customary law
2. Inheritance
3. State grant – government allocation
4. Purchase e.g. an assignment
5. Gift inter vivos e.g. a deed of gift

In a contract of sale, there is a preliminary step in the transfer of title in land; the
purchaser acquires equitable title only while the legal interest passes on
completion stage; and then the purchaser is given time to investigate the title
while being sure of his bargain. Vendor will have to prove a good title to pass
(nemo dat quod non habet). Note that legal practitioners now insert a clause
showing that time is of the essence (e.g. 6 months for completion) since
reasonable time is too vague. All contracts for the sale of land must be evidenced
in writing: Section 4 Statute of Frauds 1677; Section 5(2) Law Reform
(Contracts) Act 1961, Section 67 PCL 1959.

CASE STUDY & DRAFT SAMPLE OF CONTRACT OF SALE

Content/Parts of a Contract of Sale
1. Commencement
2. Testatum
3. Consideration
4. Receipt clause
5. Capacity of vendor
6. Words of grant
7. Parcel clause
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8. Habendum
9. Terms/Covenants
10. Deposit/Part Payment
11. Testimonium
12. Schedule
13. Execution
14. Franking

Particulars of Information to Draft a Contract of Sale

1. Names, occupation and addresses of parties
2. Names, occupation and addresses of witnesses
3. Description of property
4. Capacity of vendor
5. Date of completion
6. Consideration
Case Study
Mrs Juliet Eskor of No 20 Abakpa Close, Kaduna has agreed with Mr Biyo Aku of
Plot 12 FHA Lugbe, Abuja for the sale of his 4 bedroom bungalow with BQ
fenced round with hollowed red bricks at No 4 Chime Avenue, Benin City for the
sum of N4, 000,000. They have agreed to execute a contract of sale with the
following terms:
1. That she will take possession upon execution of the contract.
2. That in the event of default by Mrs Eskor, the interest rate shall be at the
going CBN rate. That the deposit shall be 8% of the purchase sum and paid
to Mr Aku’s lawyers, the firm of Ntephe, Smith & Wills to hold same as a
stakeholder.
3. That since the vendor has insured the property, the insurance policy will be
assigned to Mrs Eskor at completion. That completion shall be on or before
31st March 2015 (3 months from the execution of the contract)
4. That Mrs Eskor will in addition purchase the 12.5KVA Top-Max generator in
the property for N1, 000,000 million, the industrial Bosch refrigerator in the
kitchen for N1, 200,000 and 6 oriental rugs for N500, 000.
5. That Mr Aku is conveying as a beneficial owne
r
Draft a contract of sale of land between the parties in the case study

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Sample Draft of a Contract of Sale

THIS AGREEMENT made the 12th day of December 2014
BETWEEN Mr Biyo Aku of Plot 12 FHA Lugbe, Abuja (the ‘Vendor’) of the one
part
AND Mrs Juliet Eskor of No. 20 Abakpa Close, Kaduna (the ‘Purchaser’) of the
other part.

IT IS AGREED AS FOLLOWS:
That the Vendor sells and the Purchaser buys ALL THAT PROPERTY described
in the first schedule to this Agreement subject to the following terms and
conditions -
1. The consideration for the sale of the property shall be the sum of N4, 000,000
(four million) naira.
2. The Purchaser shall before the execution of this Agreement pay a deposit of
the sum of N320,000 (three hundred and twenty thousand) naira to the
Vendor’s solicitor, the firm of Ntephe, Smith & Wills who shall hold the deposit
as stakeholder pending completion.
3. The balance of the consideration being the sum of N3,680,000 (three million,
six hundred and eighty thousand) naira shall be paid at completion, and if
there is delay caused by the default of the Purchaser he shall be liable to pay
interest at the prevailing Central Bank of Nigeria rate.
4. The sale includes chattels, fittings, and other items specified in the second
schedule and valued at the sum of N2,700,000 (two million and seven
hundred thousand) naira. The receipt of which the vendor acknowledges.
5. The Vendor sells as Beneficial Owner PROVIDED ALWAYS and it is agreed
that the covenants which are by law implied by reason of assigning as
Beneficial Owner shall not be deemed to imply that the Vendor has performed
covenant for repairs contained in his document of title.
6. The Purchaser acknowledges that she has inspected the property for her use
and enjoyment as licensee, and if she defaults in payment of the balance of
the property to the Vendor and the deposit paid under this Agreement shall be
forfeited.
7. The purchaser after the execution of this Agreement shall take immediate
possession of the property for her use and enjoyment as licencee, and if she
defaults in the payment of the balance of the property to the Vendor, the
deposit paid under this Agreement shall be forfeited.
8. It is agreed that time is of the essence in this Agreement which shall be

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completed on or before 31st of March 2015 at the office of the Vendor.

9. The Vendor agrees to execute in favour of the purchaser, a Deed of
Assignment and such other documents as are required to vest legal title in
the purchaser and also to obtain the Governor’s consent to assign the
property to the purchaser.
10. The vendor having insured the property shall assign the insurance policy to
the purchaser upon completion. PROVIDED THAT where reinstatement is not
possible, the insurance money shall be shared between the parties pro rata
the deposit paid by the Purchaser.
11. The Vendor indemnifies the Purchaser for any loss or damages arising from
and connected with the title of the Vendor.
12. The Purchaser shall pay all costs incidental to the preparation and execution
of this Agreement and any further instruments necessary and proper for
carrying this agreement into effect.
13. This contract shall prevail over any previous agreement and it contains all the
terms finally agreed by the parties.
FIRST SCHEDULE
(Description of the property)
ALL THAT property situate at No 4 Chime Avenue, Benin City which include a
four bedroom bungalow with Boy’s Quarters fenced round with hollowed red
bricks.
SECOND SCHEDULE
(List of chattels and fittings sold along with property and their respective prices)
1. One 12.5KVA Top-Max generator for the price of N1,000,000 (one million)
naira
2. One Industrial Bosch refrigerator for the price of N1,200,000 (one million and
two hundred thousand) naira
3. Six Oriental Rugs for the price of N500,000 (five hundred thousand) naira

IN WITNESS OF WHICH the parties have executed this contract in the manner
below the day and year first above written.

SIGNED by the within named vendor Mr Biyo Aku

IN THE PRESENCE OF:

Name: Mr Uko Banki

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Address: No. 5 Bwari Crescent, Bwari, Abuja, FCT

Occupation: Business man
Signature:

SIGNED by the within named purchaser, Mrs Juliet Eskor

IN THE PRESENCE OF:
Name: Mr Joel Adamu
Address: No. 25 Bwari Crescent, Bwari, Abuja, FCT
Occupation: Business man
Signature:

Prepared by:
N.E. Killi Esq.
Ntephe, Smith & Wills.
No. 80 Pankshin Road Ikeja
Lagos State

WEEK 6 ASSIGNMENT
On 11 October 2019, Mrs Hope Eyo of No. 202 Giri Close, G.R.A, Kaduna,
concluded negotiations with Dr Ade Williams of Plot 123 Ebony Homes, Bwari,
Abuja for the sale of his 5-bedroom duplex with a 2 room BQ at No.54 Sango
G.R.A. Abeokuta at a consideration of N 50 Million Naira.
The following were the terms agreed on by the parties;
1) The purchaser will take possession upon exchange of the Contract.
2) The sum of N5 Million Naira is to be paid as deposit while the balance of the
purchase price will be paid on or before the 14 of April 2020, which is the date
of completion.
3) That in the event of failure to pay up the balance by the date of completion,
the interest rate chargeable on the balance will be at the prevailing CBN rate.
4) That the deposit will be paid to Dr Williams’ Solicitors- the firm of NSW Law
Partners of Plot 456, Action Layout, Bwari, who Dr Williams’ refers to as his
agents.
5) That the insurance policy in respect of the property taken out by the vendor
with Safehomes Insurance PLC, will be assigned to Mrs Eyo at Completion.

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6) Mrs Eyo will in addition, purchase the 12.5KVA Topeco Generator in the
property for N2 Million Naira, the 2 Industrial Refrigerators in the kitchen for
N2.4 Million Naira and 6 oriental rugs for N1.Million Naira.
7) Dr Williams is conveying as a Beneficial Owner.
Using the above scenario, answer the following questions:
Question 1
a) Draft the agreement embodying the above terms.
b) Mrs Eyo is irked by your insistence on the drafting of the above agreement,
because according to her “people buy and sell properties everyday without
this whole hassle of entering into a contract. A receipt will serve the same
purpose”. Explain to her the different types of contract of sale of land in
Nigeria, their implications and the advantages the formal contract enjoys over
the other types.
c) As a student of the NLS on Externship, explain to the Managing Partner of
NSW Law Partners, the implication of Dr Williams’ reference to the firm “as his
agents” as it affects the deposit and advise the Managing Partner on what
would be beneficial to all parties.
d) List 10 laws that will apply to the transaction between Dr Williams and Mrs.
Eyo
e) Mention the stages and two matters involved in each stage to ensure that the
transaction is concluded.
Question 2
a) As solicitor to Mrs Eyo, list 5 pre contract enquiries you will make in respect of
the property and explain to her the importance of these enquiries.
b) Mrs Eyo is of the opinion that the agreed deposit is as good as a part payment
for the sale of the property. As her solicitor (BFG Solicitors of No 21, Gidan
Kwano Rd. Kaduna), write a letter to her, briefly detailing the difference
between the two concepts and the legal implications (if any), as it affects the
above agreement with Dr Williams.
c) Assuming Mrs Eyo is desirous of buying the property in the name of her only
son Essien, who is 19 years old (because, the money for the purchase of the
property is from her late husband’s life insurance), advise her on the validity
or otherwise of the transaction and state 5 other circumstances that may
restrain or fetter her liberty in dealing with landed properties in Nigeria.
Question 3

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Chief Odogu of Umuti Qtrs in Onowu autonomous community in Ihiala LGA of

Imo State wants to sell the piece of land known as ‘Afor’ that he inherited from
his late father Chief Eneri. The community gave the land to his late father about
40 years ago, to atone for wrongly ostracising him when he was a young man.
On 11 May, 2020, the day the sale was to take place, the buyer Hon. Ike of Nara
Qtrs. in Onowu Autonomous Community came with N100, 000, fifty tubers of
yam, two 20 Litres of palm oil, 5 litres of palm wine, a basket of kolanuts, alligator
peppers and Anyara – garden eggs with a bowl of Nsoji as payment for the land.
Chief Odogu and Hon. Ike met in Chief Odogu’s house and Mrs Odogu and their
10 years old son were present.
On the way to Afor land after receiving the items, Hon Ike received a call, which
necessitated his having to leave for Owerri. He then detailed his P.A to go along
with Chief Odogu to Afor land.
Answer the following questions:
(i) Comment on the validity of the transfer of the sale of Chief Odogu’s land to
Hon Ike.
(ii) Assuming on the 14th February 2020, the parties agreed that the property
be sold for =N=30 million naira. Hon Ike paid part-payment of =N=10
million naira to Chief Odogu on the same day. The agreement was that the
balance would be paid on 14th of April 2020. Chief Odogu issued the
following document to Hon Ike
I acknowledge receipt of the sum of =N=10 million naira today 14 February
2020 from Hon Ike of Nara Qtrs. in Onowu Autonomous Community being
part payment for the sale of my property known as ‘Afor’, Umuti Qtrs in
Onowu Autonomous Community in Ihiala LGA of Imo State The balance of
=N=20 million naira to be paid on or before 14 April 2020. Signed: Chief
Odogu
However, Hon Ike was unable to pay the balance to Chief Odogu despite
several demands. His excuse was that the lock down as a result of the Covid
19 Pandemic has caused him loss of income. Chief Odogu sold to Hon Jare
Jude of 24 Nile Road, Port Harcourt, Rivers State for =N=45 million naira on
the 21 April 2020. Hon Ike is aggrieved and wants a refund of the money he
paid.

Advise the parties.

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Week 7
CONTRACT OF SALE AND CONVEYANCING II
After the exchange of contract, the vendor is required to show that he has a good
root of title, that is, he is in a position to transfer what he has contracted to
convey and the manner in which he discharges that duty I practice. This is
because before the contract is exchanged, there is no obligation on the vendor to
establish that he is the owner of the title which he intends to convey, but once the
contract has been exchanged, he is under duty to do so – MEPC Ltd v.
Christian-Edwards.
Abstract/Epitome of Title
Vendor deduces his title by preparing and delivering to the purchaser the
following documents:
(a) Abstract of Title: this is the historical summary of all recorded
instruments and proceedings affecting title to the property up until the
present vendor.
(b) Epitome of Title: this is a chronological list of the documents which
prove title to the land usually to be accompanied by photocopies of the
documents.
Both the abstract and epitome of title must show a good root of title.

Contents of an Abstract of Title

(a) Date of transaction or proceeding
(b) Nature of event
(c) Parties to the transaction
(d) Whether original or photocopy
(e) Number of documents available
(f) Whether original document will be handed over

Sample Draft of an Abstract of Title

Date of Nature of Parties to Whether Number of Whether
transaction event the original or documents original
transaction photocopy available document
will be
handed
over at
completion

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1902 Settlement Sallau family Nil Nil Nil

1956 Assignment Sallau Zainb Original 1 YES

and Amaebi
Osaribie

1975 Mortgage Amaebi Original 1 NO

Osaribie and
Zenith Bank

Note that the abstract of title should be in a letter head and should be dated and
signed

Contents of an Epitome of Title

(a) Date of document
(b) Nature of transaction
(c) Parties to the transaction
(d) Whether original, CTC or photocopy available
(e) Number of documents available
(f) Whether original document will be handed over at completion

Sample Draft of an Epitome of Title

Date of Nature of Parties to Whether Number of Whether
document transaction the original or documents original
transaction photocopy available document
will be
handed
over at
completion
1956 Assignment Amaebi Original 1 YES
Osaribie
and John
Adamu
1975 Mortgage John Original 1 NO

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Adamu and
First Bank
Note that the epitome of title should be in a letter head and should be dated and
signed
Sample Draft of Cover Letter
EYEKE KENNETH & ASSOCIATES
LEGAL PRACTITIONERS AND SOLICITORS
NO 15, Deeper life Road, Abakaliki
Email: [email protected] 08102959631
Our Ref: _________________ Your Ref: _______________ Date:

To:
Mohammed Sani Bala
No. 5 Balarabe Crescent,
Sabon Gari,
Kano.
Dear Sir,
REPORT OF SEARCH CONDUCTED ON PROPERTY REGISTERED AS
NUMBER 45 ON PAGE 45 IN VOLUME 2908 (45/45/2908) AT THE LANDS’
REGISTRY OFFICE, KANO STATE

Kindly refer to the above subject matter and find attached the reports of the
searches conducted pursuant to your instructions.
Our bill of charges is also attached for your kind and prompt consideration.

Attached to this letter are the following:

1. Search report
2. Bill of charges

Thank you,

Yours faithfully
______________________
Nwokeke Chidera Esq
For: Eyeke Kenneth & Associates
Solicitor

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Sample Draft on Search Report

EYEKE KENNETH & ASSOCIATES
LEGAL PRACTITIONERS AND SOLICITORS
NO 15, Deeper life Road, Abakaliki
Email: [email protected]
Phone: 08102959631
Our Ref: _________________ Your Ref: _______________ Date

REPORT OF SEARCH CONDUCTED ON PROPERTY REGISTERED AS

NUMBER 45 ON PAGE 45 IN VOLUME 2908 (45/45/2908) AT THE LANDS’
REGISTRY OFFICE, KANO STATE

Date of Search: 7/12/2020

Place of Search: Lands Registry office, Kano, Kano State

Name of Registered Owner: Mohammed Sani Bala

Particulars of the Property: The property is registered as number 45 on page

45 in Volume 2908 at the Lands Registry, Kano
Description of the Property: The property is a five bedroom bungalow with a
boys quarters located at No 3, Ijesha Close Kano
and is covered by Certificate of Occupancy
numbered 1234529hl

Nature of Title/Interest: Statutory Right of Occupancy

Encumbrances: There is an undischarged mortgage on the

property.
The mortgage is registered as number 65 at page
87 in volume 8763 at the lands registry Kano
State.
Comments: The title to the property is sound, but the property
is encumbered by the undischarged mortgage.
Purchaser is therefore advised to stay action on
the contract for sale until the said mortgage is
completely discharged.

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______________________
Kenneth EyekeEsq.
For: Eyeke Kenneth& Associates
Solicitor

Note That Where More Than One Search Report Is Involved, Then A Cover Letter Is
Drafted And The Search Reports Are Attached Including The Bill Of Charges. See
Sample Draft:

Sample Draft of Search Report Issued by AGIS

FEDERAL CAPITAL TERRITORY ADMINISTRATION ABUJA

GEOGRAPHIC INFORMATION SYSTEMS (AGIS)
(AGIS LOGO)
LEGAL SEARCH REPORT
Date: 7/1/2020

To: Muhammed Sani of No 12 Buhari Close, Maitama, Abuja

Dear Sir,
Below is the status report to title over which you applied a search.
A. Particulars of Title for: Dr Joel Nancwat

Plot Number: 23C Date of C of O: 23/6/2010

District: Area 1 Plot Size (m2): 14002

Land Use: Lease Rent per Annum: N10, 000

C of O Number: No. 59/59/2010A Outstanding Rent Dues: Nil

Registration Number: 45 Page: 45Volume: 2910

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B. Encumbrances
Action: Subsisting Lease with CCTCC Date: 1/1/2016
Industries Ltd

Number: 234 Page: 35 Volume: 1002

C. Other Details

Present Status: The title to the property is sound.

Other Comment: Purchaser is therefore advised to proceed action on the contract

for sale

Yours faithfully,
………………………… …………………………..
For: Deeds Registrar (AGIS) Certified by Company Sec/Legal
Adviser (AGIS)

NOTE: Where the purchaser fails to investigate title, he buys subject to any
defect in title.

SAMPLE DRAFT OF DEED OF ASSIGNMENT

THIS DEED OF ASSIGNMENT is made the 6th day of December, 2020

BETWEEN
Dr Kenneth Okwor, a Legal Practitioner, of No. 42 Udoaku Street, Ibadan, Oyo
State (The Assignor) on the one part
AND
Mr Killi Nancwat, a Legal Practitioner, of No. 22 Bank Road, Ikoyi, Lagos State
(The Assignee) on the other part.
BACKGROUND
This Deed recites as follows:

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1. The Assignor is the legal owner of a Certificate of Occupancy No.

29/29/2014A over a parcel of land with six blocks of flat situate at Plot 45
Gadzama Road, Area 5, Abuja.
2. The Assignor is willing to alienate his interest while the Assignee is willing to
buy subject to the conditions to be stated herein.
NOW THIS DEED WITNESSES AS FOLLOWS:
In consideration of the sum of thirty five million naira (N35, 000, 000.00) now
PAID to the Assignor by the Assignee (the Receipt of which the Assignor hereby
acknowledges), the Assignor as a BENEFICIAL OWNER ASSIGNS ALL THAT
parcel of Land with six blocks of flat situate at Plot 45 Gadzama Road, Area 5,
Abuja covered by a Certificate of Occupancy No. 29/29/2014A and more rightly
described in the Survey plan to be prepared by a licensed Surveyor attached to
the Schedule with all rights, easements and appurtenances TO HOLD unto the
Assignee as holder of a Statutory right of Occupancy for the term unexpired on
the Certificate of Occupancy.
IN WITNESS OF WHICH the parties have executed this Deed in the manner
below the day and year first above written.
SCHEDULE
1. Survey Plan
SIGNED, SEALED AND DELIVERED
By the Assignor
………………………
Dr Kenneth Okwor

IN THE PRESENCE OF:

Name
Address:
Occupation:
Signature:
Date:
SIGNED, SEALED AND DELIVERED
By the Assignee
…………………….
Mr John Raph

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IN THE PRESENCE OF:

Name
Address:
Occupation:
Signature:
Date

Prepared by:
Eyeke Kenneth Esq
Eagles Chambers

I CONSENT TO THIS AGREEMENT

………………………………
DATED THE …….. DAY OF …………………, 2020
MINISTER OF THE FEDERAL CAPITAL TERRITORY ABUJA

WEEK 7 ASSIGNMENT
QUESTIONS
Mr. Mark Girllands, an Engineer, of No. 10 Eyilawe Crescent, Gboko is the
immediate past Commissioner for Water Resources for Benue State. His
severance package was substantial, and he has decided to invest it in real
property from where he hopes to earn some money to cushion the vicissitudes of
income associated with consultancy business which he hopes to return to.
He has executed a contract of sale of land agreement with Telumo Andoase and
Teese Andoase both of No. 3 Tor Tiv Road, Gboko, who are the Executors of
the Estate of Chief Tervar Andoase (deceased) to purchase a shopping mall
located at No. 2 Swansea Road, Makurdi, Benue State for 10million and there
has been an exchange of contract between the parties.
A photocopy of the Will of the deceased testator was part of the documents given
by the vendor to the purchaser after the exchange of contract but on closer
scrutiny, the purchaser noticed that there was no evidence of the grant of probate
of the Will by the court. The title of the deceased testator to the property which
has now been conferred on the Executors by the Testator’s Will is a Deed of

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Lease between the deceased testator and the owner of the reversion which is yet
to lapse.
Answer with the aid of authorities (where applicable) the following questions:

1) Advise the parties on the next step to be taken after the exchange of contract,
the party obliged to take it, the documents by which this next step may be
actualized, the importance of these documents and the period back in time
that the party whose duty it is to take this next step is required to satisfy the
other party as it relates to the devolution for title from the first owner of interest
in the property to the present transaction.
2) List the various ways by which investigation of title may be conducted, the
party to conduct same and state at least one reason why the said party needs
to conduct investigation on title.
3) What is your opinion on the way by which the necessary party may make
enquiries about the absence of any evidence of grant of probate of the Will by
the Court to the Executors?
4) Assuming you are Mr Jones Adoga, Mr Girllands’ legal practitioner of 24
Ajoche Road, Gboko, Benue State, write a letter to your client, advising him
on your reservation on the suitability of the Deed of Lease upon which the title
of the deceased testator is founded. Give reasons and give three examples
of documents you would have preferred.
5) Advise Mr. Mark Girllands on why he should pay a visit to the property he
intends to purchase during investigation.
6) What do you understand by a completion statement?
7) State the steps the parties would need to take during the completion process.
8) Explain the steps needed to perfect the title of the purchaser after completion,
where each step would be undertaken and effect of failure to undertake
any/all of the steps. Would your answer be different if one of the parties is
Petlab Industries limited, a company registered under Part A of CAMA and
whose registered office is at 45 Epe-Ofun Road, Markudi, Benue State.
9) Draft the introductory and concluding parts of the final instrument to be
executed by the parties. (Mr Girllands and the Estate of Chief Tervar
Andoase.
10) Mention in the correct order matters to be included in the operative part of
the final instrument. Draft the operative part.
11) Mention the status of the parties under the Contract of Sale executed and
the effect of the exchange of contract.

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Week 8
LAND REGISTRATION UNDER LAGOS STATE LANDS REGISTRATION
LAW

The Lagos Lands Registration Law 2015 consolidated the numerous laws on
lands registration. It repealed the Registered Land Law of Lagos 2003; the
Registration of Titles Law and Registration of Titles (Appeals) Rules 2003; the
Land Instrument Registration Law 2003; and the Electronic Documents
Management System Law 2007. The registration districts that were hitherto
stated under the RTL are still applicable under the LRL 2015. The registration
districts are the areas covered by the LRL. The registration districts are:
1. Lagos Island
2. Obalende
3. Victoria Island
4. Ebutte-Metta
5. Mushin (Part)
6. Yaba
7. Badagry
8. Ikoyi
9. Gbagada
10. Apapa
11. Somolu
12. Surulere

The features of the Land Registration Law

1. Establishment of the Land Information Management System
2. Requirement for the registration of every interest/title in land
3. Establishment of offences and punishment
4. Establishment of the Land Registry where all registrations are made

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Sample Drafts
Registration of Title to Land (Form 1)

APPLICATION FORM FOR REGISTRATION OF TITLED LAND

District......................................................................................................................
Title
No............................................................................................................................
Address of Property……………………………………………………………………..
Assignee’s Name………………………………………………………………………..
Residential Address……………………………………………………………………..
E-mail/Website Address………………………………………………………………...
Assignor’s Name………………………………………………………………………..
Residential Address……………………………………………………………………..
Type of Registration……………………………………………………………………..
Document Submitted by………………………………………………………………...
Office Address.........................................................................................................
Date of Submission………………………………………………………………….....

________________
Receiving Officer
(Official Stamp & Seal)

Registration of Land Covered by Deeds/Certificate of Occupancy (Form 2)

APPLICATION FORM FOR REGISTRATION OF LAND COVERED BY

DEEDS/CERTIFICATES OF OCCUPANCY

District......................................................................................................................
Registered Instrument No........................................................................................
Address of Property..................................................................................................
Assignee’s Name.....................................................................................................
Residential Address.................................................................................................
E-mail/Website address..........................................................................................
Assignor’s Name....................................................................................................
Residential Address................................................................................................

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E-mail/Website Address..........................................................................................
Type of Registration................................................................................................
Document Submitted by.........................................................................................
Office Address.........................................................................................................
Date of Submission……………………………………………….................................

__________________
Receiving Officer
(Official stamp & date)

Application to Conduct a Search (Form 3)

APPLICATION FOR CONDUCTING SEARCHES
1. Search conducted at.........................................................................................
2. Registration no. of property..............................................................................
3. Description of property.....................................................................................
4. Name of proprietor...........................................................................................
5. Search conducted by.......................................................................................
Name…………………………………………………………………………….….
Address……………………………………………………………….......……..…..
E-mail/website…………………………………………………......…………….....
Phone………………………………………..Fax No……………………………...
6. Reasons for search..........................................................................................
7. Date search conducted....................................................................................
8. Payment of fees for search..............................................................................
9. Payment of fees for printing............................................................................

Electronic Search Report (Form 4)

ELECTRONIC SEARCH REPORT
1. Document searched...........................................................................................
2. Date of search....................................................................................................
3. Description of property.......................................................................................
4. Grantor...............................................................................................................
5. Grantee..............................................................................................................
6. Term...................................................................................................................
7. Area of land........................................................................................................
8. History of Land...................................................................................................
9. Subsequent Transaction/Encumbrance…………………………………………..

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10. Remarks………………………………………………...…………………………….
WEEK 8 ASSIGNMENT
Scenario& Tasks
Mr. Mat Musaba lives in Benin City. Mr Mat Musaba is married to Adekemi and
they have five children --- John, Jide, Jumai, Jolaade, and Jumoke. Mr. Mat
Musaba owns the following properties, among others:
1. The 3-bedroom bungalow at 15, Ore Street, Benin City, (his residence) which
he purchased from his business partner, Chief Damien of 45, Sapele Street,
Benin City for N15 million in 2009;
2. The 40-feet-wide warehouse at 17, Dolapo Street, Okota, Lagos, which Mr.
Musaba bought from Madam Kareem in 2010. Mr. Musaba assigned his legal
interest in the property by way of a sub-demise in June 2020 to Diamond
Bank to secure a loan of N280 million he took from the bank. The legal due
date is 12 July 2023. Mr. Musaba now proposes to grant a term of ten years
on the same property to Bo Nigeria Limited at N6 million per annum. The term
to commence on 22 August 2020;
3. The 5-rooms bungalow at 4, Obalende Road, Ikoyi, Lagos, which Mr. Musaba
inherited from his mother, Chief (Mrs.) Arinne who died intestate in 2015. On
July 10, 2017, Mr. Musaba secured a loan of N200 million from First Bank Plc
of 12, Marina, Lagos using the property as security for the legal mortgage.
The duration of the mortgage is five years;
Mr. Musaba plans to undertake the following additional transactions:
(a) To purchase a plot of land at 16, Bauchi Street, Ojota, Lagos for and in the
name of his first son, John (17 years old). The property belongs to Mr Ebuka
Mankuand hiswife Anuli. They live at 88, El-Aminu Street, Kaduna; price is
N120 million,
(b) To execute an irrevocable Power of Attorney in favour of Mr. Sanu Madiq, the
Managing Partner of Mr. Sanu Madiq& Co, a firm of Estate Managers and
Consultants located at 12, Ore Close, Karu, Abuja, to enable Mr. Sanu Madiq
to undertake on Mr. Musaba`s behalf the transactions involving the properties
at Ikoyi, Lagos and the one at Ojota, Lagos.
Mr. Musaba has approached you for advice on the proposed transactions,
especially with respect to his properties located in Lagos

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Answer the following questions

Question One
a) State any five differences between registration of the proposed sale
involving the property at Bauchi Street, Ojota, Lagos (under the Land
Registration Law, Lagos) and registration of the sale involving the property
in Benin (under the Land Instruments Registration Law (LIRL) of Edo
State.
b) Mention the mandatory records that must be maintained in the Land
Registry, Lagos for the purpose of real property registration under the LRL,
2015. How do these differ from the document(s)/records that must be
maintained for purposes of operation of the land Information Management
System (LIMS) in Lagos;
c) For purposes of the various applications Mr. Musaba may have or choose
to make under the LRL, 2015, state the prescribed Form under the LRL,
2015 that would be relevant for each of the following applications and
processes:
i. Application for CTC,
ii. Application for search under LIMS,
iii. Registration of interests covered by Certificate of Occupancy,
iv. Application for registration of titles to land,
v. Registration of caution, and
vi. Withdrawal of caution.
d) In respect of the purchase of the property at 16, Bauchi Street, Ojota,
Lagos,
i. Identify the person or persons who are authorized to conduct searches
in Lagos State Lands Registry.
ii. Outline the procedure required to be followed to conduct a search
under the LIMS in respect of the property at 16, Bauchi Street, Ojota,
Lagos;
e) Advise Mr. Musaba on the following:
i. The real property interests, property transactions, and land documents
or holders that are registrable in Lagos.
ii. State the consequences of failure by the person obliged to apply for
registration of a registrable interest in Lagos State.
iii. Are there any instance or instances in which registration is not
mandatory? Identify that/them.

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iv. On what grounds (if any) may the Registrar decline registration under
the LRL, 2015?
f) Set out the various obligations, roles, powers and responsibilities of the
Registrar in respect of registration of interests, lands, holders and
transactions under the LRL, 2015.
g) Comment briefly on the various features of registration under the LRL,
2015
h) List all special precautionary measures that must be taken at the Lagos
land registry in respect of the irrevocable Power of Attorney executed in
favour of Mr. Sanu Madiq to ensure he would be able to validly carry out
the proposed transactions on behalf Mr. Musaba and to ensure that the
various instruments of transfer to be executed in respect of the
transactions over the properties in Ikoyi and Ojota are accepted for
registration.
i) List out the various interests or rights that may constitute a form of
encumbrance on the rights of Mr. Musaba as a holder of landed properties
in Lagos;
j) To ensure their acceptance for registration in Lagos State, highlight the
proper form of execution and attestation of Deeds under the LRL, 2015;
k) Advise Mr Musaba on the validity of the proposed transaction with Bo
Nigeria Limited.
l) Assuming the property at Ore Street was in Lagos State and now, Mr.
Musaba proposes to sell the property to the Aduba family of Ikorodu,
describe the procedure the family would adopt to ensure due registration of
its representatives for purposes of effecting this and similar real property
transaction on behalf of the family. On what grounds may such registration
be rectified?

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Week 9
LEASE I

A lease is a document that creates an interest in a property or land for a fixed

term of years usually (but not necessarily) in consideration of the payment of
rent. The interest created is called a term of years, but it is also often referred to
as a lease or a leasehold interest. Leases are used to describe long-term grants.
A lease is both a contract and an estate (an interest in land).
In a lease, the consideration flowing from the lessor (landlord) to the lessee
(tenant) is the demised premises. The consideration paid by the lessee is the
rent and the observance of any condition or covenant in the lease. A lease is a
grant of land by the lessor to the lessee for an interest less than that of the
grantor. Grantor is the transferor of an interest in property to the grantee.
It should however be noted that title to the land is not conveyed, only the use and
occupation of the property is given out; the property reverts back to the lessor
after the expiration of the term. The reversion is any future interest left in the
grantor or his successor. The owner of the property who makes the grant is the
lessor or landlord/landlady, whilst the person who takes over the exclusive use of
the demise is the lessee or tenant.
ETHICAL ISSUES
1. A lawyer should not fail to reflect instructions given to him by his client
2. A lawyer has a duty to show competence when drafting the lease agreement
- Rule 16 RPC.
3. The document should correctly and fully reflect the wishes of the party with
special reference to the covenants.
4. Duty not mix the rent paid to the client with solicitors money or not spend
such fund belonging to the client - Rule 23(2) RPC.
5. Duty not to frank a document not prepared by the Solicitor - Rule 3(2) RPC
and Section10 LPA.
6. Duty not to aid a non-lawyer in the unauthorised practice of law - Rule 3(1)
(a) RPC.
CASES ON LEASES
Bosah v Oji (2002) 6 NWLR (Pt. 762) 137
The plaintiff and defendant came to an agreement in writing for a lease of a
building and clause 7 of the agreement stated that “The term of sixty years will be
counted from the time when the lessee obtains the Certificate of Occupancy for

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the building on the un-built area in front if he builds or if he chooses to convert it

into a commercial use from the time he begins to make use of it." The defendant
shall pay a sum of 980 pounds if added to 100 pounds already paid will represent
three years rent paid in advance. Supreme CT: for a lease to be valid, the term of
lease and date of commencement must be certain or capable of being
ascertainable. In order to have a valid agreement, there must be in express
terms or written so that the commencement can be inferred. SC held there was a
certain term of 60 years and the date of commencement could be inferred from
the contingency of getting the certificate of occupancy i.e. reference to the
happening of an event that will occur.
Okechukwu v. Onuorah(2000) 12 SCNJ 146
A deed of lease made on 17th July 1972, appellant demised a piece of land to the
defendant. One of the covenants: “for a term of 50 years from the day the lessee
is issued with a certificate of occupancy”. Issue of commencement date in this
case. Supreme Court held for the defendant. Certificate of occupancy was a
condition precedent to moving into the house (to inspect the house by the
Onitsha Local Government) not the same as under the Land Use Act. Where the
date for commencement for the lease is unspecified but stated in reference to a
contingency, until the contingency happens the lease is unenforceable but once
the contingency happens, the lease becomes enforceable.
Tejumola & Sons Ltd v U.B.A (1988) 2 NWLR (Pt. 79) 662
The defendant (UBA) made a conditional offer to the plaintiff to grant him a lease.
They entered into negotiations and the date of commencement was to be made
that physical possession would be taken, Plaintiff suggested a date for
commencement for UBA to take possession. UBA stated that defendant should
effect some repairs on the property which he did. Negotiations broke down.
Correspondence by UBA was headed subject to contract so a mere invitation to
treat and so no contract was made. (NB: if terms have already been agreed and
concluded and the letter is still termed subject to contract, Supreme CT held that
this is cosmetic and the Ct will not accept that there is no contract). In this case,
no terms were agreed upon so no valid contract. UBA did not agree to physical
possession to be the date of commencement. A commencement date is
enforceable even though made subject to a contingency, if the contingency
actually happened. In this case, the contingency never happened, therefore there
was no enforceable lease.

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WEEK 9 ASSIGNMENT
Ayaba Kudus of No. 23 Isaleko St. Yaba, Lagos State is the owner of a block of 1
three-bedroom, 3 two-bedroom, 2 one-bedroom and 2 self-contained flats at No.
8 Dopemu Estate, Mushin, Lagos State.
On January 31 2020, she gave the three-bedroom flat to Mallam Moha Moha for
6 years at N500, 000 per annum. One of the terms agreed on by the parties was
that Mallam Moha Moha would pay the entire 6 years rent before any agreement
was signed between them.
On 1 February 2020, Ms Fynecountry Miene took possession of one of the two-
bedroom flats for two years and a half, on the consideration of her professional
fees for undertaking the perfection of Ayaba Kudus’ title in respect of a parcel of
land at Kuje Extension, Kuje, Abuja.
Ayaba Kudus on April 2 2020 at the quarterly rent of N75, 000, gave one of the
one-bedroom flats to Dr Bitrus, a Gambian who was unable to leave Nigeria after
the Covid-19 pandemic broke out, for as long as the pandemic would last.
She gave one of the self-contained flats to Bonaby Akpan, her best friend’s son
admitted into the 2020/2021 Session of the Nigerian Law School and posted to
the Lagos Campus to stay for the Session at no cost.
Answer the following questions using the above scenario:
Question1
i. Identify the transactions in the above scenario.
ii. State the requirements (if any) for the validity of each of the transactions
identified.
iii. Comment on the validity of each of the transactions using the “stated
requirements” as a yardstick.
iv. State 5 laws that are applicable to the transactions between Ayaba Kudus and
Ms Fynecountry Miene and identify any other transaction in the above
scenario that these laws also apply to.

Question 2
i. Ayaba Kudus is really happy over Mallam Moha Moha’s agreement to pay the
entire 6 years rent. As her solicitor, explain to her the possible implications of
her action.

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ii. Assuming Ayaba Kudus’ block of flats is in Apapa, Lagos, will your answer in
(i.) be different?
iii. As Ayaba Kudus’ solicitor, proffer a more advantageous solution that will
enable her achieve her aim for demanding the entire rent in advance and do a
draft of your proffered solution.
iv. Draft the clause evidencing the consideration paid by Mallam Moha Moha.
v. State the type of rent that Ayaba Kudus is most likely to demand for her block
of flats and factors that will influence her in arriving at the rents payable.
vi. As solicitor acting for any of the parties to the above transactions, state 5
duties you owe them.

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Week 10
LEASES II

COVENANTS IN LEASES: These are agreements creating obligations usually in

a deed. Promises and pledges made by parties to a lease. Either party can make
promises that something is done, shall be done, shall not be done or speaks the
truth about certain facts. In respect to the nature of a covenant, it can either be
positive or restrictive. Positive covenants stipulate the performance of an act or
payment of money, while Negative/Restrictive covenants forbids doing of an act
or acts. Covenants are drafted in leases using good precedent books.

Draft of Rent Clause (Usually called Reddendum)

The Lessee covenants with the Lessor to pay the rent reserved in
the lease at the time and in the manner prescribed.
Or
The reserved rent shall be payable in advance and if not paid
within 21 days after one month notice issued by the Lessor, it shall
be lawful for the Lessor to re-enter upon the premises and the
lease shall cease.

Draft of Covenant to Pay Rate and Charges

The Lessor/Lessee covenants to pay all rates, taxes, charges, duties,
assessments and other outgoings which may fall due and payable
now or subsequently in respect of the demised premises or on the
Lessor or Lessee.
.
Draft of Covenant on Use
The Lessee covenants to make use of the premises and to permit the
premises to be used for the purpose of
residence/commerce/agriculture only.

Draft of Covenant to Repair

The Lessee covenants to keep in tenantable repair all the inside
fixtures, fittings and glasses on the demised premises and not to
remove from it any of the furniture and effects, but to keep them in
their present state of repair and condition (reasonable wear and
tear excepted).
Or
The Lessee covenants to internally redecorate the demised premises
including all additions to it and to deliver up the premises in the
same condition at the determination of the lease.

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Draft of Alterations
The tenant covenants not to make any addition or alteration to the
premises without the written consent of the Landlord, such consent
not to be unreasonably withheld and to restore the property to its
original position at the end of the term of the lease at his own
expense.

Draft of Covenant to Insure

“The Lessee covenants to immediately insure the premises at all times during the
term against loss or damage by fire in the sum of N10, 000,000 (ten million naira) in
the NICON Insurance Co. Ltd (RC No 9999)insurance office, in the name of the
Lessor (or in the joint names of the Lessor & Lessee), and that in case the premises is
or any part of it is damaged or destroyed, then all moneys received in respect of the
insurance shall be laid out in repairing or otherwise reinstating the premises in a
good and substantial manner.”

Draft of Covenant against Assignment and Sub-Letting

“The Lessee covenants not to assign, sublet or otherwise part with possession of
the demised premises or any part of it.”
or
“The Lessee covenants not to sublet, assign or otherwise part with possession of
the demised premises or any part of it without first obtaining the written consent of
the Lessor, such consent not to be unreasonably withheld in the case of responsible
or respectable person.”

PROVISOS IN A LEASE
Option to Renew/Covenant for Renewal of a Lease: This is a lessor’s covenant made
to the lessee that at the expiration of the lease and a new lease will be created for similar
or reviewed terms, rents and covenants (as agreed upon by both parties based on certain
conditions e.g. tenant complied with covenants in the lease).

Draft of perpetually renewable lease –

“The Lessor shall on the written request of the lessee made at least
three months before the expiration of the current term, grant to the
lessee the lease of the demised premises for another term of five
years from the expiration of the current term on the same terms and
conditions as this present lease.”
The solicitor can avoid a perpetually renewable lease by stating that the terms of the
new lease are created by reason of the option to renew and expressly excluding the
option to renew in the subsisting lease agreement. For instance :
“The Lessor/Landlord shall on the written request of the
lessee/tenant made three (3) months before the expiration of the term
hereby created, grant to the lessee/tenant the Lease of the demised

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premises for another term of three (3) years at a rent to be agreed

and containing all the terms and conditions of this Lease/Agreement
except the option to renew and the rent clause’.
Or
“The Lessor shall on the written request of the Lessee made at least
three months before the expiration of the current term, grant to the
Lessee the lease of the demised premises for another term of five
years from the expiration of the current term on the same terms and
conditions as the present lease, except rent and this option to renew;
Provided, however, that Lessee shall have materially observed all its
obligations under the present lease.”

Option to Purchase Reversion:This is Assignable - Re Buttons Lease. The

tenant may enforce option by action for specific performance and may even sue
to set aside the sale of the property to another person-Owosho v. Dada. An offer
by the landlord to the tenant for the sale of the premises on fulfilment of certain
conditions (payment of rent and compliance with other covenants).

Proviso for Forfeiture and Re-Entry: This may lead to the suspension or
termination of the lease for non-payment of rent or non-observance of covenants
of the lease. It operates to bring a lease to an end earlier than it would otherwise
terminate. The law presumes against forfeiture of leases except where the clause
is expressly stated.
Draft
PROVIDED ALWAYS that if the tenant commits a breach of
covenants or conditions in the lease or becomes bankrupt, it shall
be lawful for the lessor to re-enter the premise and immediately the
term shall absolutely cease and determine.

Abatement of Rent: Abatement must be provided for because generally,

frustration is inapplicable in leases. At Common Law, if rent was paid over a
premises and the premises is destroyed or anything prevents its use, the rent will
run till it expires and the tenancy will be exhausted even if the tenant could not
use the premises.
Draft
“The Lessor covenants with the Lessee that the rent shall not
continue to run in a case of an act of God where the demised
premise is destroyed or anything happens preventing the use of the
premises.”

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FORMAL PARTS OF LEASE

1. Commencement: THIS LEASE or THIS DEED OF LEASE. Where it is a
simple tenancy, it is commended thus THIS TENANCY AGREEMENT or
THIS AGREEMENT.
2. Date: Made this 4th Day of December, 2020. The date is the day the lease is
made. Where it is by deed, the important date is the date of delivery of the
lease. In tenancy agreement, the important date is the date of execution.
3. Parties
(a) Individuals: BETWEEN Edward Evbuomwan, a lawyer, of No.5 Chess
Club Street, Benin, Edo State the lessor/landlord of the first part AND Mrs
Afinjuomo Oluwafunmilayo, a banker, of No. 5 Simi Crescent, Ikeja,
Lagos State, the lessee or tenant of the second part.
(b) Company: Musa & Sons Limited, a company registered under CAMA
with RC No: 85840 and registered office at No 14 Democracy Estate,
Ikoyi Estate, Lagos State (the lessor) of one part or (the lessee) of the
other part.
(c) Attorney: BETWEEN Mr Umunnakwe Michaelangelo of No. 22 Ibori
Street Ikeja Lagos (through her true and Lawful Attorney Eyeke Kenneth
of Area 10 Owerri Imo Lagos) (The Assignor) on the one part
4. Recitals: This is not an essential part of a lease except
(a) A sub-lease
(b) Surety or guarantor
(c) There is a Power of Attorney
5. Testatum: WHEREBY the lessor agrees to demise to the lessee or
WHEREBY/BY WHICH the Landlord gives and the Tenant takes. The Lessor
demises to the Lessee. The testatum contains the operative words and parcel
clause. The operative words show what the parties have agreed to do. The
parcel clause describes the subject matter of the lease.
6. Parcel Clause: ALL THAT property (describe the property)
7. Habendum: TO HOLD UNTO the lessee for the terms of 10 years
st th
commencing on the 1 May, 2020 and ending on the 30 April, 2030. Note
that the phrase “commencing on” includes the date named in computation
while “commencing from excludes the named date.”The habendum specifies
the quantity, commencement of the term of a lease.
8. Reddendum: YIELDING AND PAYING yearly during the term the rent of
N20, 000 clear of all deductions by yearly payments in advance, the first of
such payment to be made on the 24th day of May, 2020. The reddendum

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defines the amount of rent payable by the lessee, the person to whom the
rent is payable; as well as mode of payment usually in advance. Generally,
rent is payable in arrears. Thus, it must be clearly stated if it is intended to be
payable in advance.
9. Covenants: (Treated above)
10. Provisos: ‘Provide That”
11. Testimonium: IN WITNESS OF WHICH the parties have executed this lease
in the manner below the day and year first above written. This clause
connects the parties with the agreement
12. Schedule: It should be inserted where necessary. It serves the following
functions -
(a) To describe the property in details.
(b) The parts of the property to be repaired by each party
(c) Rent review formula
13. Execution
(a) Individuals: SIGNED, SEALED AND DELIVERED by the within named
lessor or lessee. This provides for the signature, mark or seal of the
parties to the lease. In Tenancy Agreement -SIGNED by landlord or
tenant.
(b) Company: The COMMON SEAL of Musa & Sons Limited is affixed to this
lease and the lease duly delivered in the presence of DIRECTOR and
SECRETARY.
(c) Illiterate or Foreigner (that does not understand English):
SIGNED,SEALED AND DELIVERED by the within named lessor, the
contents having been first read and interpreted to him in Igbo Language
by me(name of interpreter and address) when he appeared perfectly to
understand it before Affixing his thumb print, mark/signature.For blind say
read aloud; For deaf and dumb add “the contents of this lease having
been first been read over to him by sign language by__________a sign
language instructor when he appeared to perfectly understand it before
affixed his thumb print/mark).”
(d) Attorney: SIGNED, SEALED AND DELIVERED by The lawful attorney of
the lessor by virtue of a power of attorney dated _______and registered
as No_____ page ____Vol_____of the (State) Land Registry.
14. Attestation: This contains the witnesses to the lease and their signature.
IN THE PRESENCE OF:
Name

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Address:
Occupation
Signature
PERFECTION OF A LEASE
1. Obtain the Governor’s consent, which is endorsed on the Deed of sub Lease.
This is not needed for a tenancy agreement or a normal lease.
2. Stamp the Deed of Lease at ad valorem rate
3. Registration at the Lands Registry of the State where the Land is situate
EXPRESSIONS RELATING TO TIME
1. On - plus the date mentioned; start counting from the day mentioned.
2. From - minus mentioned date; exclude the mentioned date.
3. After - Exclude the day mentioned
4. Till and Until -not clear if mention date should be included or excluded
5. As soon as possible/within a reasonable time: these expressions should
be avoided, and once a quit notice is badly drafted, it is void for defective
computation of time.
NB: In computation, one does not have half of a day, the day starts from
12am

SAMPLE DRAFTS
Deed of Sub-Lease (Illiterate and Company)

THIS DEED OF SUB-LEASE made this 4th day of December, 2020

BETWEEN Mr. Edward Evbuomwan, a lawyer, of No.5 Chess Club Street,
Benin, Edo State (The Sub-Lessor) of the first part
AND Musa & Sons Limited, a company duly incorporated under the Companies
and Allied Matters Act 2004 with its registered office address at No. No 14
Democracy Estate, Ikoyi Estate, Lagos State (The Sub-lessee) of the second
part.

RECITALS
1. The sub-lessor is the lessee of the property owned by Edward Evbuomwan,
the beneficial owner of a Duplex with Boys Quarters situate at No. 8 Ofuru
Estate, Benin Edo State, by virtue of a Deed of assignment dated 21st June
2005 registered as No. 4051 pages 50 in volume 1350 at the Lands registry

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of Edo State.
2. The sub-lessor has the consent of the lessor/owner to enter into the
transaction
3. The sub Lessor desires to lease the property to the Lessee for a term of five
years.
Or……………………………………………………..
If it is pursuant to a certificate of occupancy
1. The sub-lessor is the beneficial owner of the property a Duplex with Boys
Quarters situate at No. 8 Ofuru Estate, Benin Edo State, by virtue of a
certificate of occupancy dated 21st June 2005 registered as No. 4051 pages
50 in volume 1350 with the Lands registry of Edo State
2. The consent of the Governor has been obtained
3. The sub Lessor desires to lease the property to the Lessee for a term of ten
years.
NOW THIS SUB-LEASE WITNESSES AS FOLLOWS:
1. In CONSIDERATION of the rent and covenants reserved in this Deed, the
Sub-Lessor AS BENEFICIAL OWNER demises to the Sub-Lessee ALL THAT
Duplex with Boys Quarters situate at No. 8 Ofuru Estate, Benin Edo State
covered by a certificate of Statutory Occupancy registered as 45/45/2345 and
rightly described in the survey plan attached to the 1 st Schedule referred to as
‘The demised Premises’.
2. TO HOLD UNTO the Sub-Lessee for a term of ten (10) years commencing on
the 1st day of April 2020 and to expire on the 31st day of March 2030, subject
to any proviso for determination contained in this Sub-Lease.
3. PAYING the sum of four million naira only per annum (N4, 000, 000.00) (the
receipt of which the Sub-Lessor hereby acknowledges) as rent for the term
granted, payable in advance the first of such payment to be made on the 2 nd
day of April 2020.
(The covenants are to be here as part of the miscellaneous part of this sub-
lease)
PROVIDED ALWAYS THAT in breach of any of the covenants contained in this
Deed by the Sub-lessee, the Sub-Lessor may forfeit the sub-lease by re-entering
the premises or any part of it and the term granted in this Deed shall come to an
end immediately.
OPTION TO RENEW:
The Sub-Lessor shall on the written request of the Sub-Lessee made three (3)

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months before the expiration of the term hereby created, grant to the Sub-Lessee
the sublease of the demised premises for another term of three (3) years at a
rent to be agreed and containing all the terms and conditions of this Deed except
the option to renew and the rent clause.

IN WITNESS OF WHICH the parties have executed this sublease in the manner
below the day and year first above written.
1st Schedule
SIGNED, SEALED AND DELIVERED
By the Sub-Lessor
…………………….
Mr. Edward Evbuomwan
The contents of the foregoing having been first read and explained to her from
English Language to Edo Language by me Akioya Ofuru of No. 23 Akafu Street,
Benin, Edo State when he appeared perfectly to have understood same before
making her thumb impression above.
BEFORE ME
…………………………….
MAGISTRATE/NOTARY PUBLIC/COMMISSIONER OF OATHS

The common seal of the Sub-Lessee is affixed on this Deed the 24th day of
March, 2020 and duly delivered in the presence of:

……………………….. ………………………
Director Secretary

I CONSENT TO THIS SUB-LEASE

DATED THE 30TH DAY OF MARCH 2020
EXECUTIVE GOVERNOR EDO STATE

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Tenancy Agreement

THIS TENANCY AGREEMENT made the 4th Day of December, 2020.

BETWEEN
MR. EMEREONYE GODSPOWER of No. 4 Rotimi Crescent, Port Harcourt,
River State (Landlord) of the one part
AND
MRS. LOVETH BAKO of No. 55 Buhari Close Wuse 2, Abuja (Tenant) of the
other part.
IT IS AGREED AS FOLLOWS:
The landlord demises to the tenant ALL THAT premises together with the Boys
Quarters and known as No. 8 Rotimi Crescent, Port Harcourt, River State, TO
HOLD the same to the tenant on the 1st day of January, 2021 for the term of two
years to end on 31th December, 2022 .
PAYING the yearly rent of N1, 000,000(One Million Naira only) clearly of all
deductions by yearly payment in Advance; the first of such payment to be made
on 22nd Day of December, 2020.
The rent is subject to review in accordance with the provisions contained in the
Schedule to this lease.
THE TENANT COVENANTS WITH THE LANDLORD AS FOLLOWS:
1. To pay rent reserved in the lease on the day mentioned.
2. Pay all rates, taxes, assessment, charges and outgoings or as may be
imposed later whether payable by Landlord or not.
3. Not to assign, sublet, or otherwise part with possession the property or any
part without the consent of the Landlord in writing first had and obtained such
consent not to be unreasonably withheld for a respectable and responsible
person.
4. Not to make any alteration to the property except for installation of A-C and
Burglary proof without the consent of the Lessor and to restore the property
to its original position at the end.
5. To keep the premises in a good state of repairs, fair wear and tear excepted
and to deliver up possession of the property at the end of the lease term.
6. To use the property for residential purposes only.
THE LANDLORD COVENANTS WITH THE TENANT AS FOLLOWS:
1. The Lessee shall have a quiet possession of the property free from

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interference by the landlord or his agents.

2. To insure the property against fire with NICON Insurance Co. Ltd(RC NO
9769 )to the tune of N10,000,000 (ten million naira) to be paid by the tenant
and in the event of the property being damaged, all money received in
respect of the insurance shall be used to reinstate the property. If
reinstatement is not possible, the sum will be shared PRO RATA between the
parties.
3. Upon the Lessee paying the rent and observing all the terms and covenant in
the Lease upon 3 months before the expiration of the tenancy the Landlord
shall (may) grant him a further term of two years at a rent and terms to be
agreed by the parties.
4. The Lessor covenants with the Lessee that the rent shall not continue to run
in a case of an act of God where the demised premise is destroyed or
anything happens preventing the use of the premises.

PROVIDED ALWAYS that if the rent reserved or any part of it shall be unpaid for
twenty eight (28) days after becoming payable and demand made for it or if the
lessee commits a breach of the covenants in the Lease or the Lessee become
bankrupt, it shall be lawful for the Lessor to re-enter the premises and
immediately the term shall absolutely cease and determine.
IN WITNESS OF WHICH the parties have executed this agreement in the
manner below the day and year first above written.

SIGNED
By the within named landlord

………………....................…
Mr. Emereonye Godspower
IN THE PRESENCE OF:
Name:
Address:
Occupation:
Signature:

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SIGNED by the within named tenant

…………………..
Mrs. Loveth Bako
IN THE PRESENCE OF:
Name:
Address:
Occupation:
Signature:

NB: Ensure to learn execution clause for family land, illiterate, blind, attorney
(where there is a power of attorney), company

WEEEK 10 ASSIGNMENT
TASKS FOR LEASES 2
MrsAfolake Bamikole is a business woman who deals in exportation of Palm
Kernels to West African Countries. She lives at 23 Anike Street, Yaba Lagos.
She owns two plots of land at Zoe Lane, Ikeja Lagos covered by a Certificate of
Occupancy No 235198 and registered as 12/19/2008C in the Lands Registry,
Ikeja, Lagos. She purchased the property in 2008. In 2009, she erected a block
of ten twin duplex on the property.
In a bid to delve into real estate as advised by her Son who just got called to the
Bar last year, MrsAfolakeBamikole purchased the following properties.
1. An acre of land at no. 15. Ibrahim Taiwo Road Ilorin, Kwara State. She
intends togrant of a term of 3 years in respect of this property to
AlheriGodiya of 12 Amilegbe, Ilorin, Kwara State.
2. A hotel having 150 rooms at 23 Church Gate Street, Agbani, Enugu State.
She decided to grant of a term of 7 years in respect of this property in
favour of Gold Ventures owned by Mrs Goldie Onyesopu of 33 Omalicha
Street Enugu at the rate of 15 Million per annum.
3. A bungalow at Sapele, Delta State.
4. An office complex housing 30 offices at 16 Ikoyi Road, Obalende, Lagos
State.

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ANSWER THE FOLLOWING QUESTIONS

1. Mention the final document the parties to the transaction affecting the property
in Enugu would need to execute in order to complete the transaction.
2. Would your answer in 1 above be the same in respect of the transaction
affecting the property in Ilorin?
3. Enumerate at least 10 information you would obtain from the parties to enable
you draft the document mentioned in question 1 above.
4. Draft the document mentioned in question 1 above assuming MrsBamikole
understands only Igbona language (spoken among the people of Oke-Ero
LGA of Kwara State).

i. Explain to Mrs Bamikole why you would need to include the following in
the document identified in 1 above and the effect of failure to include
such.
a. Covenant against Assignment;
b. Covenant as to User;
c. Covenant to pay rates and taxes;
d. Option to renew
e. Rent review clause
f. Covenant to repair.
ii. Explain to Mrs Bamikole the implication/s if any, of not including the
above covenants in the transaction with Gold Ventures. Would your
answer be different assuming the property was in Ikeja, Lagos?
5. How would you ensure that you balance the interests of both parties to a
lease with respect to assignment of the demised premises? Demonstrate this
in a draft.
6. Mention the contents of a standard insurance covenant in a lease and list out
four factors that should be considered in deciding the party that should bear
the burden of insurance in a lease.
7. Outline the various remedies available to each party in a lease, where the
other party has committed a breach.
8. Explain to Mrs Bamikole what she needs to do to enable her take advantage
of capital appreciation on her property at Agbani, Enugu State. Would your
answer be the same assuming she wants to grant a further term to Gold
Ventures?

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9. Identify the following clauses and comment on the adequacy or otherwise of

the following clauses as a solicitor and offer a redraft if necessary.
a. To pay all existing rates, taxes and other outgoings in respect of the demised
premises.
b. The lessor covenants to keep the demised premises in a good state of repair.
c. The lessor shall on the written request of the lessee made at least three
months before the expiration of the current term, grant to the lessee the lease
of the demised premises for another term of five years from the expiration of
the current term.
d. Not to assign, sublet, charge or otherwise part with possession of the demised
premises or any part of it without the prior consent of the lessor.
e. This Deed of Lease is Made this ………….Day of ………..20….
Between
Mrs Morenikeji Olomomeji (Sub Lessee) of the one part
AND
Mr Ikechukwu of the 2nd Part.

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Week 11
MORTGAGES & CHARGES I
A Mortgage is a legal relationship or security transaction by which rights in land
are transferred to secure payment of money or the discharge of some other
obligations subject to redemption upon repayment of the loan or discharge of the
obligation – Suberu v. AISL Ltd,Santley v. Wilde. It is an agreement which may
be expressed by deed between persons in which a borrower of a sum of money
puts up his property as collateral for the money given with the understanding that
the property will be conveyed back to him upon the repayment of the money and
any interest on it. Mortgage is a security created by contract for the payment of a
debt already due or to become due - Olowu v. Millers Bros Limited.

Sample Draft of Search Report

Specimen Search Report

From: [Person making the report]:

To: [Person who requested or needs the report]:
1. Location of the Property: No. 12 Sweet Mother Street, Ikom, Cross River
State
2. Title No. of the Property: No. 6532 dated 2/06/2011 and registered as
12/12/6532 at the Lands Registry Calabar, Cross River State.
th
3. Date of Search: 15 December, 2020
4. Place of Search: Lands Registry Calabar, Cross River State
5. Name of Registered Owner: Chief. Eyeke Kenneth Samuel
6. Nature of Interest of Registered Owner: Statutory Right of Occupancy
7. Existing Encumbrance(s) on the Property: Nil
8. Observations and Comments by the Solicitor: The property is a good security
and it is unencumbered.
9. Any other comment:

Note: write a covering letter for the search report.

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Sample Draft of Search Report

EYEKE KENNETH & CO
BARRISTERS AND SOLICITORS
NO. 15 LOKOJA STREET, IKEJA
LAGOS STATE
OUR REF: __________________YOUR REF: ___________________
DATE: __________________

The Bank Manager

Zenith Bank Plc No. 23 Marina Lagos State

Dear Sir,
SEARCH REPORT CONDUCTED ON PROPERTY REGISTERED AS
12/12/6532 ATTHE LANDS REGISTRY IBADAN, OYO STATE
Sequel to your briefing our Firm to conduct a search on the above property, we
are pleased to inform you that the search has been carried out and a copy of the
Search report is attached below:

1. DATE OF SEARCH: 6th January, 2021

2. PLACE OF SEARCH: Lands Registry Ibadan Oyo State
3. NAME OF REGISTERED OWNER: Chief Mrs. Remi Yakossi
4. NAME OF BORROWER: Chief Nosa Okon of No. 16 Makurdi Close
Kwara State.
5. DESCRIPTION OF THE PROPERTY: No. 12 Croker Street Oyo State.
6. NATURE OF INTEREST: Right of Occupancy No. 6532 dated 12/07/2004
registered as 12/12/6532 at the Lands Registry Ibadan Oyo State.
7. ENCUMBRANCES: Nill
8. COMMENTS/OBSERVATIONS: The property is a good security and it is
unencumbered

Yours faithfully,

_________________________
Eyeke Kenneth Samuel, Esq.
(Principal Partner)
For: Eyeke Kenneth & Co.
External Solicitors to Zenith Bank Plc

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Specimen of Electronic Search Report

1. Document Search:
2. Date of Search:
3. Description of Property:
4. Grantor:
5. Grantee:
6. Term:
7. Area of Land:
8. History of Land:
9. Subsequent Transaction/Encumbrance:
10. Remarks:

WEEK 11 ASSIGNMENT
QUESTION ON MORTGAGE 1
Chief Adebayo intends to raise more money for his campaign for 2023 election
into the Senate. On 10th June, 2020 he used his property at 25, Bodija, Ibadan,
Oyo State in which he has a Statutory Right of Occupancy for a term of 89 years
with the agreement to let Zenith Bank Plc hold it for 50 years. He was to redeem
it within five months. The loan was for N15m. He also deposited the title
documents of the properties at 10, Blantyre Street, Lagos Island, Lagos State,
and 5, Jos Street, Kaduna, Kaduna State with Access Bank Plc for the loan of
N10m along with a memorandum of deposit made by deed. He later obtained
additional N5m from Zenith Bank Plc with the same property at Ibadan, Oyo
State but the bank merely stamped the 2nd instrument without obtaining the
consent of the governor.
1. Identify the various ways of creating mortgage with the property known as
25, Bodija, Ibadan, Oyo State.
2. Identity the various types of mortgages created in this scenario with
reasons.
3. Enumerate the roles of a solicitor in the transactions above

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4. Mention the parties to the above mortgage transactions and briefly

comment on capacity
5. Outline the procedure for Investigation of title and write the search report.
6. Advise the parties on the options of creating mortgage with the property
known as 10, Blantyre Street, Lagos Island, Lagos State.
7. Assuming Chief Adebayo intends to create equitable mortgage using his
property at 25, Bodija, Ibadan, Oyo State, identify the options available.
8. Comment on the need for the consent of the Governor in the above
transaction and List the items needed to procure the consent of the
Governor.
Scenario & Tasks
Mr. Mat Musaba lives in Benin City. Mr Mat Musaba is married to Adekemi and
they have five children --- John, Jide, Jumai, Jolaade, and Jumoke. Mr. Mat
Musaba owns the following personal and real properties, among others:
1) A 3-bedroom bungalow at 15, Ore Street, Benin City, (his residence) which
he purchased from his business partner, Chief Damien of 45, Sapele Street,
Benin City for N15 million in 2009;
2) A 40-feet-wide warehouse at 17, Dolapo Street, Okota, Lagos, which Mr.
Musaba bought from Madam Kareem in 2010;
3) A 5-rooms bungalow at, Obalende Road, Ikoyi, Lagos, which Mr. Musaba
inherited from his mother, Chief (Mrs.) Arinne who died intestate in 2015;
4) A Toyota Prado jeep;
5) The sum of Two Million Naira in his account domiciled at Jaiz Bank Plc.
Mr. Musaba has been diagnosed with a prostate cancer and he has been told he
has few months to live. He instructed Aboki Audu Esq. to write his will. The will
was executed on 1st December, 2019 with the following clauses:
1. I give my 3-bedroom bungalow at 15, Ore Street, Benin City to my son
John.
2. I give N 2million from my account No. 34342424 domiciled at Jaiz Bank to
my daughter Jumoke.
3. I give my5-rooms bungalow atObalende Road, Ikoyi, Lagos to my son
Jide.
4. I give my Toyota Prado Jeep to my son Jolade.
5. I give my40-feet-wide warehouse at 17, Dolapo Street, Okota, Lagos to
my daughter Jumai.
6. The remainder to all my children to be shared equally.

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Answer the following questions:

a) Identify the typeof gifts in clauses 1,2,3,4 and 5.
b) Are there any implication(s) on the gifts in clauses 4 and 5?
c) Assuming clause 6 is not inserted in the will, what are the likely
consequences.
d) What properties will add up to the gift in clause 6?
e) Two days after the testator’s death, it was discovered that the Lagos State
Government had acquired the5-rooms bungalow at Obalende Road, Ikoyi,
which had been bequeathed to his son Jide on ground of public interest to
be used as COVID 19 isolation center. Comment on the legal implication of
the gift to his son Jide.
7. It was also discovered that the testator had mortgaged his 40-feet-wide
warehouse at 17, Dolapo Street, Okota, Lagos to secure a loan to contest
for a Senatorial seat which he lost and had not redeemed before his death.
Comment on the effect of the mortgage on the gift to his daughter Jumai.
f) Assuming John died one hour before the testator’s death, state legal
implications on the gift to him?
g) Would your answer in (f) above be different if John is survived by a 5 years
old son?
h) List other exceptions to the effect on a gift to a beneficiary who predeceased
the testator?
i) Assuming after the Will had been executed and the testator decided to
change his mind about the bequest to his daughter Jumoke and he
cancelled it and in its place name his Son Jide who graduated with a first
class from the Nigerian Law School.
j) Comment on the implication of such alteration.
k) Assuming after the alteration the bequest to Jumoke is still visible on the
face of the will. Comment on the legal implication.
l) By what other means the testator could have achieved the same result in (j)
above?
m) Assuming before the testator’s death he had asked for your advice on how
he could revoke his Will. Advise him.

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Week 12 & 13
MORTGAGES AND CHARGES II

Covenants in mortgages are specific contractual agreements (terms) between

the parties reached to regulate the relationship between the mortgagor and
mortgagee in a particular mortgage transaction. The eight covenants are:
Covenant to pay the mortgage sum and interest at a fixed date; covenant to
insure against risk; covenant to consolidate; observance and performance of
covenant in head lease; covenant to repair; covenant to create lease and
sublease; restriction of redemption for a term certain; and covenant to create a
power of attorney or declaration of trust.
DRAFTING DEED OF MORTGAGE
Particulars of Information needed to Draft a Deed of Mortgage
1. Particulars of the parties: Full names and addresses
2. Date of commencement
3. Duration of the mortgage
4. Principal sum
5. Interest rate
6. Description of the mortgage property
7. Value of the property
8. The various covenants
9. Execution
10. The witnesses

Formal Parts/Contents of a Deed of Mortgage

1. Commencement: THIS MORTGAGE/THIS DEED OF MORTGAGE

2. Date: Made the ……. day of ………………. 20… Note: A deed takes effect
from the date of delivery not necessarily the date on the deed.
3. Parties: BETWEEN…………… of ………………………… (The mortgagor) of
the one part AND ……………………of ……………………. (The mortgagee) of
the other part. It is possible to have a third party, a guarantor or some person
forwarding his property as security.
4. Recitals: THIS DEED RECITES AS FOLLOWS: The following facts should
be recited, borrower’s title, the mortgagor’s property, his desire to borrow and
mortgagee’s agreement to lend, guarantor’s agreement to guarantee the

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loan, Governor’s consent where necessary.

5. Testatum: NOW THIS DEED WITNESSES AS FOLLOWS”
(a) The undertaking by mortgagor to pay to the mortgagee the principal sum
with interest on a named date.
(b) The interest rate
(c) The deed may also contain a second testatum, stating the capacity of the
mortgagor conveying as beneficial owner”
6. Provision for Redemption: this is the clause that allows the mortgagor to
redeem the mortgaged property upon repayment of the mortgaged sum.
7. Parties Covenants: the various covenants that the parties to the mortgage
transaction are expected to observe.
8. Testimonium: IN WITNESSES OF WHICH
9. Execution: SIGNED, SEALED, AND DELIVERED BY… If a company,
COMMON SEAL of… is affixed to this deed.
10. Attestation: IN THE PRESENCE OF: Name, address, signature, and
occupation of witness. If a company, IN THE PRESENCE OF: Director,
Secretary.
11. Consent Clause: where required

Sample Drafts
Deed of Legal Mortgage
THIS DEED OF MORTGAGE is made this 6th day of September, 2019
BETWEEN Eyeke Kenneth Samuel of No. 7 Ogoja Road, Abakaliki, Ebonyi State
(the Mortgagor) on one hand AND Heritage Bank Plc, a company registered
under the Companies and Allied Matters Act with RC No: 191102 and a
registered address at Plot E13 Express way, Ibadan, Oyo State (the Mortgagee)
on the other part.
BACKGROUND:
1. The Mortgagor is entitled to the property, a 5 bedroom duplex at Plot 68
Melanin Crescent, Ibadan, Oyo State which is covered by Certificate of
Occupancy dated 13/9/88 with Registration No. 88/13/13.
2. The Mortgagor has agreed to take the sum of N50, 000,000 (Fifty Million
Naira) loan and the Mortgagee has agreed to advance it using the said
property as security.
3. This mortgage is made subject to Governor’s consent to be obtained by the
Mortgagor.

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THIS DEED WITNESS AS FOLLOWS:

The Mortgagor covenants to repay the principal sum of fifty million (N50, 000,
000.00) naira only to be paid by monthly instalments and the interest at 15% rate
per annum, provided that if the Mortgagor pays the instalments at the last day of
every month or within 14 days after that day, the interest rate shall be reduced to
12% per annum. The mortgagor further agreed with the mortgagee that the
mortgage shall last for 24 months which the principal sum and interest shall
become due on 30th March, 2020.
The Mortgagor as BENEFICIAL OWNER hereby SUB-DEMISES to the
Mortgagee ALL THAT PROPERTY, a 5 bedroom duplex at Plot 68 Melanin
Crescent, Ibadan, Oyo State which is covered by Certificate of Occupancy dated
13/9/88 and registered as No. 88/13/13 at the Lands Registry Office Ibadan, Oyo
State rightly described by the survey plan to the First Schedule TO HOLD unto
for the unexpired residue of the term granted under the Certificate of Occupancy
less one day.
PROVIDED always that if the mortgagor repays the principal and interest on the
loan, the mortgage shall cease and the mortgagee shall re-convey the property
to the mortgagor at his cost.
TESTATUM
The miscellaneous part-provisos/covenants
IN WITNESS OF WHICH the parties have executed this deed of mortgage in the
manner below the day and year first above written.
FIRST SCHEDULE

SIGNED, SEALED AND DELIVERED by the Mortgagor:

____________________
Eyeke Kenneth Samuel

IN THE PRESENCE OF:

Name: Olowoyeye Itunu
Address: No. 9 Mission Road, Ibadan, Oyo State
Occupation: Lawyer
Signature: __________
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THE COMMON SEAL OF HERITAGE BANK PLC (THE MORTGAGEE) IS

AFFIXED ON THIS DEED THE 6TH DAY OF SEPTEMBER, 2019 AND DULY
DELIVERED IN THE PRESENCE OF:

……………………….. ………………………
Director Secretary

I CONSENT TO THIS LEGAL MORTGAGE

DATED THIS 20THDAY OF SEPTEMBER, 2019

EXECUTIVE GOVERNOR OF OYO STATE

Tripartite Deed of Legal Mortgage

THIS DEED OF LEGAL MORTGAGE is made this 6th day of December, 2020
BETWEEN Eyeke Kenneth Samuel of No. 7 Ogoja Road, Abakaliki, Ebonyi State
(The Mortgagor) of the first part
AND Mrs. Ukamaka Oriaku of No. 56 Calabar Road Agbani, Enugu State (The
Guarantor) of the second part
AND Zenith Bank Plc, a public company duly incorporated under the Companies
and Allied Matters Act with RC No: 891102 and a registered address at 10 Bank
Road, Maitama Abuja (The Mortgagee) of the third part.
BACKGROUND:
1. The Guarantor is the holder of a Certificate of Occupancy No. 26971 dated
10/10/2001 and registered as 19/19/1167 at the Lands Registry office, Enugu,
Enugu State.
2. A loan Agreement between the Mortgagor, Guarantor and the Mortgagee
where the sum of fifty million naira (N50, 000, 000.00) was advanced to the
Mortgagor by the Mortgagee was made on 6th day of December, 2020 and
duly executed.
3. The Guarantor agreed in the Agreement to secure the repayment of the loan
collected by the Mortgagor on the property covered by a certificate of
occupancy No. 26971 dated 10/10/2001 and registered as 19/19/1167 at the
Lands Registry Enugu, Enugu State.
4. The Mortgagor has agreed to obtain the loan and the Mortgagee to advance

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it while the Guarantor is standing as surety for the repayment of the loan
using the said property as security.
THIS DEED WITNESS AS FOLLOWS:
The Mortgagor covenants to repay the principal sum of fifty million (N50, 000,
000.00) naira only to be paid by monthly instalments and the interest at 15% rate
per annum, provided that if the Mortgagor pays the instalments at the last day of
every month or within 14 days after that day, the interest rate shall be reduced to
12% per annum, while the Guarantor is standing as a surety for the repayment of
the loan. The mortgagor further agreed with the mortgagee that the mortgage
shall last for 24 months which the principal sum and interest shall become due on
30th May, 2021.
The Guarantor as BENEFICIAL OWNER hereby SUB-DEMISES to the
Mortgagee ALL THAT PROPERTY, a 6 bedroom duplex at No 68 Fr. Mbaka
Street, Enugu, Enugu State which is covered by Certificate of Occupancy dated
13/9/98 and registered as No. 26971 dated 10/10/2001 and registered as
19/19/1167 at the Lands Registry office Enugu, Enugu State rightly described by
the survey plan to the First Schedule TO HOLD unto for the unexpired residue of
the term granted under the Certificate of Occupancy less one day.
PROVIDED always that if the Mortgagor repays the principal and interest on the
loan, the mortgage shall cease and the Guarantor shall re-convey the property to
the mortgagor at his cost.
IN WITNESS OF WHICH the Mortgagor have executed this deed of mortgage in
the manner below the day and year first above written
TESTATUM
The miscellaneous part-provisos/covenants
IN WITNESS OF WHICH the parties have executed this Deed in the manner
below the day and year first above written.
SCHEDULE
SIGNED, SEALED AND DELIVERED
By the Mortgagor

………………….
Eyeke Kenneth Samuel

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IN THE PRESENCE OF:

Name: Esegi Maureen Izibevie
Address: No. 5 Akachukwu Road, Abakaliki, Ebonyi State
Occupation: Medical Doctor
Signature: __________

SIGNED, SEALED AND DELIVERED

By the Guarantor
……………………
Mrs. Ukamaka Oriaku

IN THE PRESENCE OF:

Name: Ikokwu Rejoicce
Address: No 8 Fr. Mbaka Street, Enugu, Enugu State
Occupation: Civil Servant
Signature:___________

THE COMMON SEAL OF ZENITH BANK PLC (THE MORTGAGEE) IS AFFIXED

ON THIS DEED THE 6TH DAY OF SEPTEMBER, 2020 AND DULY DELIVERED
IN THE PRESENCE OF:

……………………….. ………………………
Director Secretary

I CONSENT TO THIS LEGAL MORTGAGE

DATED THIS 20TH DAY OF SEPTEMBER, 2017

EXECUTIVE GOVERNOR OF ENUGU STATE

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WEEK 13 ASSIGNMENT
TASK FOR MORTGAGES III
Pal and Pat Integrated Limited owns a factory at Industrial Area, Ibadan, Oyo
State with two large warehouses and other facilities covered by a Certificate of
Occupancy No OY 56735 and an estate of 10 units of 3bedroom flats at Ajao
New Extension, Ikoyi, Lagos covered by Certificate of Occupancy No LA 35789.
The management of the company approached Ziba Bank PLC to obtain a loan
facility for the sum of N30million for the purpose of expanding the business and
used the property at Ibadan as security. The mortgage instrument was assessed
and stamped at the value of N20million and when the Company was called upon
to apply for the consent of the Governor to perfect the mortgage, the company
declined on the ground that they have some internal issues to settle at the Board
of Directors of the company before that can be done. The Company had earlier
used its property at Ikoyi Lagos to obtain a facility in the sum of N10million from
Agreeable Bank PLC on the 25th of April, 2015 the property is however valued at
N75million, they later approached the same Bank to obtain an additional facility
in the sum of N35million to be paid by the 31st day of December, 2019. The
interest rate for the initial facility with Agreeable Bank PLC is 20% percent, but
the Bank intends to motivate early repayment by accepting 15% if paid promptly.
1. Identify the stages to register the mortgage instrument with Ziba Bank and
list the documents that you will require for that purpose.
2.
a. What is the implication of the refusal of Pal and Pat Integrated
Limited to apply for governor’s consent?
b. Identify instances where Governor’s consent would not be required
in mortgage transactions.
3. What advise can you give Ziba Bank PLC in view of the mortgagor’s
refusal to apply for governor’s consent?
4. Assuming the mortgage with Ziba Bank PLC was duly registered as a legal
mortgage, by what means can it be discharged and what are the
implications?
5. What are the implications of stamping of the mortgage instrument with Ziba
Bank Plc?
6. Advise Agreeable Bank Plc on the legality or otherwise of the grant of the
additional facility.

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7. Draft the operative part of the initial agreement between Pal and Pat
Integrated Ltd and Agreeable Bank PLC.
8. Outline list of instructions you will obtain in order to draft the Mortgage
Agreement between the parties.
9. Assuming Pal and Pat Integrated Ltd wishes to use the property
(comprising the factory and warehouses) in Ibadan to obtain another loan
of N10million from Isolation Quar Bank Ltd;
a. Advise the parties of the propriety or otherwise of using the property
in Ibadan.
b. Would your answer be different if the property were to be in Rivers
State?
10. Identify the similarities and differences between the transactions in
question 6 involving the additional facility of N35million and question 9
involving the proposed transaction between Pal and Pat Integrated Ltd and
Isolation Quar Bank Ltd (using the property in Ibadan).

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Week 14
SOLICITORS BILLING AND CHARGES

A solicitor cannot be paid legal fees except he is engaged to render legal

services: and where an agreement provides for the payment of legal fees, a
solicitor can only successfully recover fees where he acts for a party to that
agreement – Rebold Ind. Ltd. v. Magreola
ETHICAL CONSIDERATIONS
1. The solicitor should comply strictly with the scales of charges particularly
scale I and II.
2. The solicitor should diligently prepare bills of charges where necessary
3. The solicitor should not submit bills that are objectionable
4. The solicitor should observe the rules of professional conduct in the legal
profession in respect of fees
5. The solicitor should not enter into an agreement for, charge or collect an
illegal or clearly excessive fee
6. The solicitor should not share his professional fee with non-lawyer
7. The solicitor should not sign legal documents prepare by a non-lawyer for a
fee
Scenario
Air Cdr. Yabo Uzezi, public Servant of No 63 Kofar Eyong Road, Jimeta-Yola, is
the owner of property at Plot 134 Najiv Avenue, Victoria Island, Lagos with
Certificate of Occupancy No 231/LVI/2003. He also owns No. 46 Vitalis Close,
Maitama Abuja.
At a rent of N2m annually, Yabo created a term of three years over the
property at Lagos in favour of Engr. Tanko Calista, a Civil Engineer of No. 37
Augie Street, Apapa Lagos.
The three years rent was paid in advance. The agreement was to commence on
February 1, 2009.
Later, on February 25, 2019, he used the same property to secure a loan of
N20m obtained from RitzBank Plc. of No. 56 Ovie Faleti Road Ikoyi, Lagos at
annual rate of 15% redeemable within 6 months of commencement.
Yabo was unable to redeem a loan of N25m he obtained from Fidelity Bank Plc
in April 2016 within the agreed period; to avoid total loss of the mortgaged
property, he contacted Engr. Tanko Calista for the purchase of the property,
which was agreed for N32m.

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You acted for all the parties in the negotiation for the loan of N20m, and also in
negotiation for the sale on behalf of both parties. You had earlier represented
both parties in the tenancy agreement.
You later sent a Bill of Charges for your professional services to both clients. The
Bank has failed to pay. You filed summary summons at the Chief Magistrate
Court, Yaba, Lagos since the amount claimed is just N3.8m.
Transactions Identifiable
The transactions identifiable in the scenario are:
1. Mortgage – acted for all the parties in the negotiation for the loan of N20m.
2. Sale of Land – acted for both parties in negotiation for the sale of land worth
N32m.
3. Lease - represented both parties in the tenancy agreement of N6m.
Rules of Computing Charges/Fee
1. Mortgage (Scale I)
(a) Different Solicitors: where the mortgagor and mortgagee are
represented by different solicitors, the mortgagor solicitor will be entitle to
full payment and the mortgagee solicitor will equally be entitle to full
payment.
(b) One Solicitor: where the mortgagor and the mortgagee are represented
by one solicitor, the solicitor will be entitle to half payment of what is due
to the mortgagor solicitor and
(c) full payment of what is due to mortgagee’s solicitor.
2. Sale of Land (Scale I)
(a) Different Solicitors: where the vendor and the purchaser are
represented by different solicitors, the vendor solicitor will be entitle to full
payment and the purchaser solicitor will also be entitle to full payment.
(b) One Solicitor: where the vendor and the purchaser are represented by
one solicitor, the solicitor will be entitle to full payment of what is due to
the vendor solicitor and half payment of what is due to the purchaser
solicitor.
3. Lease (Scale II)
(a) Different Solicitors: where the lessor and the lessee are represented by
different solicitors, the lessor solicitor will be entitle to full payment and
the lessee solicitor will be entitle to half payment of what is due to the
lessor’s solicitor. E.g. if the lessor solicitor is entitle to N10, 000 from the
lessor, then lessee solicitor will be entitle to N5, 000 from the lessee.

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(b) One Solicitor: where the lessor and the lessee are represented by one
solicitor, the solicitor will be entitle to full payment of what is due to the
lessor solicitor and half payment of what is due to the lessee solicitor. E.g.
if the solicitor is entitle to N10, 000 from the lessor, then the solicitor will
be entitle to N2, 500 from the lessee i.e. ½ of the N5, 000.
Scales of Charges
Scale I - Scale of Charges on Sales, Purchase and Mortgages

(1) (2) (3) (4) (5)

For the For the For the fourth For the
and each reminder
first N1,000 second
subsequent without limit
per N100 and third per N100
N1,000 up to
N1,000 N20,000 per
N100
per N100
N
N N N

5. Mortgagor’s
legal
11. 25 11.25 3.75 2.50
practitioner for
negotiating
loan…
7. Mortgagee’s
legal
22.50 22.60 7.70 5.00
practitioner for
negotiating
loan…
9. Purchaser’s
legal practitioner
for negotiating a
purchase and 22.50 3.75 3.62 2.80
vendor’s legal
practitioner for
negotiating a
sale of property
by private
auction…

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Scale II – Scale of Charges for Leases and Agreement to Lease

(c) Where the rent exceeds N1, 000 –
1. N37.50 in respect of the first N100 of rent
2. N25 in respect of each N100 of rent or part thereof up to N1, 000
3. N12.50 in respect of each subsequent N100 or part thereof

Answer
MORTGAGE

Total Value of Transaction – N20, 000, 000

Mortgagor’s Solicitor Fee

(Step 1 - For the first N1, 000 per N100 is N11. 25)
1, 000/100 x 11.25/1 = 112.5

(Step 2 - For the second and third N1, 000 per N100 is N11.25)
2, 000/100 x 11.25/1 = 225

(Step 3 - For the fourth and each subsequent N1, 000 up to N20, 000 per
N100 is N3.75)
17, 000/100 x 3.75/1 = 637.5

(Step 4 - For the reminder without limit per N100 is N2.50)

19, 980, 000/100 x 2.50/1 = 499, 500

(Step 5 – Addition of the total value of Step 1 – 4 to get what is due to the
mortgagor’s solicitor)
112.5 + 225 + 637.5 + 499, 500 = 500, 475

(Step 6 – Since the solicitor is entitle to half payment of what is due to the
mortgagor’s solicitor, the total value of Step 5 will be divided by 2)
500, 475/2 = N250, 237.50k

Mortgagee’s Solicitor Fee

(Step 1 - For the first N1, 000 per N100 is N22.50)
1, 000/100 x 22.50/1 = 225

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(Step 2 - For the second and third N1, 000 per N100 N22.60)
2, 000/100 x 22.60/1 = 452

(Step 3 - For the fourth and each subsequent N1, 000 up to N20, 000 per
N100 is N7.70)
17, 000/100 x 7.70/1 = 1, 309

(Step 4 - For the reminder without limit per N100 is N5.00)

19, 980, 000/100 x 5.00/1 = 999, 000

(Step 5 – Addition of the total value of Step 1 – 4 to get what is due to the
mortgagee’s solicitor)
225 + 452 + 1, 309 + 999, 000 = N1, 000, 986

Final Answer
The total amount due to the solicitor who acted for both the mortgagor and
mortgagee will be an addition of the total value gotten under mortgagor’s
solicitor fee and mortgagee’s solicitor’s fee as follows:

N250, 237.50k + N1, 000, 986 = N1, 251, 223.50k

SALE OF LAND

Total Value of Transaction – N32, 000, 000

Vendor’s Solicitor Fee

(Step 1 - For the first N1, 000 per N100 is N22.50)

1, 000/100 x 22.50/1 = 225

(Step 2 – For the second and third N1, 000 per N100 is N3.75)
2, 000/100 x 3.75/1 = 75

(Step 3 - For the fourth and each subsequent N1, 000 up to N20, 000 per
N100 is N3.62)
17, 000/100 x 3.62 = 615.4

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(Step 4 - For the reminder without limit per N100 is N2.80)

31, 980, 000/100 x 2.80/1 = 895, 440

(Step 5 – Addition of the total value of Step 1 – 4 to get what is due to the
vendor’s solicitor)
225 + 75 + 615.4 + 895, 440 = N896, 355.40k
Purchaser’s Solicitor Fee

Since the scale for calculating what is due to the purchaser’s solicitor is the same
with that of the vendor’s solicitor, the amount due to the purchaser’s solicitor will
also be N896, 355.40k. But considering the rule of computation, the solicitor will
be entitle to only half of what is due to the purchaser’s solicitor as follows:
N896, 355.40k/2 = N448, 177.70k
Final Answer
The total amount due to the solicitor who acted for both the vendor and
purchaser will be an addition of the total value gotten under vendor’s
solicitor fee and purchaser’s solicitor’s fee as follows:

N896, 355.40k + N448, 177.70k = N1, 344, 533.10k

LEASE

Total Value of Transaction – N6, 000, 000

Lessor’s Solicitor Fee

(Step 1 - Where the rent exceeds N1, 000 – N37.50 in respect of the first
N100 of rent)
100/100 x 37.50/1 = 37.5

(Step 2 - Where the rent exceeds N1, 000 – N25 in respect of each N100 of
rent or part thereof up to N1, 000)
900/100 x 25/1 = 225

(Step 3 - Where the rent exceeds N1, 000 - N12.50 in respect of each
subsequent N100 or part thereof)

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5, 999, 000/100 x 12.50/1 = 749, 875

(Step 4 – Addition of the total value of Step 1 – 3 to get what is due to the
lessor’s solicitor)
37.5 + 225 + 749, 875 = N750, 137.50k
Lessee’s Solicitor Fee

(Step 1: The lessee’s solicitor is entitle to half of what is due to the lessor’s
solicitor as follows:
N750, 137.50k/2 = N375, 068.75k

(Step 2: However, since the solicitor acted for both lessor and lessee, the
solicitor is entitle to half of what is due to the lessee’s solicitor as follows:
N375, 068.75k/2 = N187, 534.375k

Or it can be calculated as one-quarter (¼) of what is due to the lessor’s

solicitor as follows:
N750, 137.50k/4 = N187, 534.375k

Final Answer
The total amount due to the solicitor who acted for both the lessor and
lessee will be an addition of the total value gotten under lessor’s solicitor
fee and lessee’s solicitor fee as follows:
N750, 137.50k + N187, 534.375k = 937, 671.875 approximated as N937,
671.88k

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Sample Draft of Solicitors Bill of Charges

EYEKE KENNETH & CO

BARRISTERS AND SOLICITORS
NO 7 TINUBU STREET IKEJA, LAGOS STATE
[email protected]
08102959631
Our Ref: __________________________________________Your Ref:_____________

Date: 16th December, 2020

To
Mr. Aguguo Austin
No. 15 Adoration Avenue
Ikeja
Lagos State

Dear Sir,
RE: PREPARARTION OF WILL
BILL OF CHARGES
Sequel to your instruction to prepare your last Will, please find attached our Bill of
Charges on the execution of the instruction.

Date Particulars of Principal Amount (N)

Items
10 December, 2020 Professional fees on 400,000
Preparation of Will
11 December, 2020 Transportation to 15,000
Probate
Registry
12 December, 2020 Lodging of Will at Probate 11000
Registry
Total 446,000.00
Less Deposit 200,000.00
Amount Due N246,000.00

TAKE NOTICE that you are expected to make the payment to the firm’s Account No:
0156716161 with Guaranty Trust Bank, Ikeja Branch on or before 6th April, 2021.

Yours faithfully,

Eyeke Kenneth, Esq.

(Managing Partner)
For: Eyeke Kenneth & Co

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Week 15
WILLS AND CODICILS I
A will is a testamentary document made voluntarily and lawfully executed
according to the Wills law by a person called the Testator with a sound disposing
mind on how his estate (real and personal) will be disposed upon his death or it
is a directive of a person on how his things or his properties will be disposed of
upon his death.
Highlights: T-Testamentary Disposition; E-Executed Lawfully; V-Made Voluntarily;
By Testator with Sound Disposing Mind; Ambulatory In Nature (TEVSA)

A Codicil is an attachment or addition of a Will. It is dependent on the existence

of a Will. Where there is a codicil to a Will, the Will cannot be read in full without
the codicil. The codicil does any of the following to a Will:
1. Revoke the will,
2. Adds to the will, alters it,
3. Revives the will, or
4. Republish the will.
Everything applicable to the validity of a Will is applicable to it.

THIS IS THE FIRST CODICIL TO MY WILL of (name, address, occupation)

made ______day of ____2021

ETHICAL ISSUES
1. Counsel to represent client within the bounds of the law He should not
contravene the law Rule 15(2)(a) RPC.
2. A lawyer should not collude with a Beneficiary to alter the Will.
3. Duty not to take undue benefit from a client’s property - Rule 23(1) RPC.
4. Where a lawyer is a beneficiary under a Will, he should tell the testator to
engage the services of another lawyer to do the Will.
5. Duty not to charge exorbitant fees - Rule 48(2) RPC
6. Duty to take instructions in writing
7. Duty to be devoted and not to be negligent - Rule 14 RPC
8. Duty of confidentiality - Rule 19(1) RPC
9. Duty to disclose any conflict of interest -Rule 17(1) RPC
10. Duty not to take instruction in client’s house except in special circumstances -
Rule 22 RPC.

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WEEK 15 ASSIGNMENT
1. Mr Olubunmi Oluwadare, a businessman, resides at N0 33 Alhudahuda Street,
New GRA, Sabon Gari, Abuja FCT. He has been happily married to his wife,
Cecilia for the past 25 years and they are blessed with 5 children. Mr. Olubunmi
has just survived a vehicular accident which almost took his life along the
Kaduna- Abuja Expressway. He was hospitalized for 6 weeks. He has just been
discharged and is now recuperating at home. The brush with death has made Mr.
Oludare realize that life is transient and can be lost at anytime. He has therefore
decided that he will settle his affairs so his family will not go through any crisis in
the event of his demise. He has therefore approached Mrs. Angela Rotini, a new
wig, to advise him on how to go about taking care of his affairs so that his vast
estate, comprising of houses in different States of Nigeria and abroad, cash and
other investments will be inherited by people he loves and cares about. Mr
Oluwadare asked his pastor Mr Isreal Koko and his wife to attest the will.

Attempt the following questions-

a) Advise Mr Oluwadare on the merits of making a will as against intestacy.
b) Assuming that Mr. Oluwadare gave his house at the village to Miss Jane
Kuko, the first daughter of Mr Isreal Koko, advise her on the validity of the gift.
c) Would your answer in (b) be the same if the house was given to Mrs Israel
Kuko
d) Would your answer in (c) be the same if the house was given to Mrs Isreal
Kuko (i) as a settlement of an indebtedness, (ii) as a Trustee, (c) if Mrs Israel
Koku attested the Will 3 days before her nuptials to Mr. Israel Koku. Give
reasons.
e) Six months after making his Will, Mr. Oluwadare was paid his professional
fees for a contract he had executed for the government. He used part of the
money to acquire a Toyota Jeep and a 3 bedroom semi- detached flat at No.
3 Oduduwa Street, Wuse, Abuja-FCT. Who among his beneficiary would
likely inherit those properties. State other categories of properties that may
fall into the same estate.
f) Mr Olorundare is desirous of having his Will executed appropriately, advice
him on the different ways he could execute his Will.
g) Assuming Mr Oluwadare was a soldier stationed inside Sambisa forest on
military operation, advice him on how he could validly execute his will.Would
your answer be the same if the testator was a pilot and was flying to Japan
when he made the will. Give reasons.

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2. Mrs Osarumen Oyikoko, an indigine of Bayelsa State, resides at No. 33

Abidjan Street, Badagry, Lagos State with her husband and 5 grown-up children.
She was a successful business woman and has, in the course of engaging in the
business of exportation, acquired landed properties in major cities of the world.
Mrs Oyikoko had called her solicitor, Mr. Doall Allshine and intimated him of her
intention of making her last Will and Testament. She had also told him that
instructions for a befitting burial would be part of the Will seeing that she has
worked so hard in her lifetime so feels she is entitled to be sent-off with all the
fanfare and pageantry befitting a woman of her status. Mrs. Oyikoko was
supposed to meet with the Solicitor on 13th March, 2018 for drafting of the Will
but had to cancel because of some family emergency that necessitated her going
to the village. Their meeting was therefore re-scheduled for 14th April, 2018 at
3:00pm. On the said date, Mr. Doall Allshine was in his office waiting for his client
when he got a phone call from her husband informing him that Mrs. Oyikoko had
died. That she died in the village and has since been buried. After her burial, her
family was informed of a Will she had prepared while at the village. The Will was
made and written in Mrs Oyikoko handwriting. In the said Will she had given all
her landed properties in Nigeria to her cousin Miss Ungulu Mushe for taking care
of her when she was sick in the village. She also gave the remainder of her
properties to her Uncle who had helped in purchasing the medications she had
needed.

Answer the following question

1) Assuming Mrs Oyikoko had made her Will as originally agreed to with Mr.
Doall Allshine and it included her instructions for a befitting burial, advise her
on the steps to take to ensure her burial instructions are adhered to.
2) The children of Mrs Osarumen Oyikoko are planning on opposing the grant of
Probate the following grounds
i. that the document was not prepared by her solicitor, Mr. Doall Allshine
ii. that the document cannot be regarded as a Will because it was not typed
iii. that Miss Ungulu Moshe manipulated Mrs. Oyikoku into giving her the
properties in the Will.
3) Assuming that when Mrs Oyikoko had suffered from delusion in her lifetime
and this is one of the grounds on which her children are challenging the
validity of the Will, advice the propounders of the Will on how to prove that
Mrs Oyikoko had the requisite sound mind when making her Will.

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Week 16
WILLS AND CODICILS II
Types of Gifts/Legacies under a Will
1. Specific gift which is subject to the rule of ademption (a situation where the
specific gift bequeathed to a beneficiary is discovered not to be in existence
and the gift will fail because of that)
2. General gift
3. Demonstrative gift
4. Substitutive gift
5. Annuity
6. Pecuniary gift
7. Residuary gift which is aimed at avoiding partial intestacy
8. Joint gifts or those given in common or equal shares
9. Contingent/conditional gift
10. Alternative gift
11. Accumulated gift
Order from which executors can use legacies to satisfy debts of the estate:
residuary, general, demonstrative, specific legacy.

TYPES OF LEGACY
Specific Legacy: This is a gift of an identifiable property that is specific and
distinguishable from the other properties owned by the testator. It must be
properly and sufficiently described. The gift may be indicated by the use of the
word “my” followed by a description of the gift.
Examples
1. A gift of my Toyota Camry car with Reg. No BQ232 AWK to my daughter
Bimpe.
2. I give my diamond ring bought from Agoz Jewelleries UK to my niece Nkechi.
3. A gift of my 4 million shares in FBN PLC to my son Bala.
It is not a specific gift if it reads; “A Toyota car for my son Dayo”
In order to avoid the failure of a specific gift, alternative or substituted gifts are
made to the beneficiary e.g. “a gift of my Mercedes Benz with Reg. No BQ232
AWK to my daughter Bimpe. If it fails, I make a gift of Toyota Hiace with Reg
DF874 to her.”

General Legacy: It a general legacy, there is no specific description. It does not

refer to a particular piece of the testator’s estate. The testator intends that the gift

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should be satisfied from the general assets of his estate. There is nothing
distinctive about the gift. The use of the word ‘my’ is not a decisive factor (e.g. a
gift of my walking stick to my son Ebuka – could be general if testator has many
walking sticks or specific if he only has one).
Examples
A gift of a walking stick to my son Joel. If the testator does not own a walking
stick at his death, the Executors/Personal Representative will provide for it from
the testator’s general estate. Note: gifts of shares and stocks.

Demonstrative Legacy: This may be in form of general legacy but directed to be

satisfied from a specific fund or particular pool of property (not restricted to
property) i.e. testator will demonstrate to the executors the source from which the
gift is to come from- usually payable from a bank account.
Example
1. I give N50, 000 to Bimpe to be drawn from my savings account No.
2345678910 at Diamond Bank. Gift + Description + Source = Demonstrative
legacy.
2. A gift of 2 million naira to be paid out of my account with Zenith Bank Plc
Okpara Avenue Enugu Branch to Johnson.
3. A gift of my Honda car with Reg. No BC345 parked in my garage at No. 5
Park Lane Independence Layout Enugu to Killi.
.
Residuary Legacy: This is the remainder of the property belonging to the estate
after payment of all other gifts and debts, expenses taxes and liability of the
testator have been fulfilled, cleared or paid. It is made up of personal or real
property. A residuary clause is usually inserted in the Will to transfer all remaining
residue and remainder. The beneficiaries are called ‘Residuary Legatees’
Such remainder may have been derived from the following:
1. Property acquired by testator after making his will or codicil
2. Properties acquired after testator’s death.
3. Gifts that lapsed by the death of the beneficiary or lack of substitution clause
4. Gifts that failed.
Example
All my properties as shall be vested in me at the date of my death, not
specifically given out in my will or such that fails or lapses by the death of the
beneficiary, to my children in equal part.

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Week 17
WILLS & CODICILS III

Under the Wills Act, a testator can freely dispose of his properties and make his
will without any hindrance prescribed by statutes, custom and religion. In Banks
v Goodfellow: Ct affirmed the right of testamentary freedom of a person.
However, overtime, it was felt that the absolute right to dispose any property to
any beneficiary occasioned hardship on the relatives of the testator and
dependants.
FORMAL PARTS OF A WILL& CODICIL
Formal Parts of a Will
1. Commencement: Describes the document and the maker of the document
as his act.
THIS IS MY LAST WILL OR THIS IS THE LAST WILL OF ME…
2. Date: States the day the will was made/executed. This helps in proving due
execution.
MADE THIS 5TH DAY OF JANUARY 2020
3. Revocation Clause: This annuls any earlier Will or codicil made by the
testator and assists in affirming the present Will a last testamentary act of the
testator (must be in all wills even if client says he has never made a will
before)
I REVOKE ALL FORMER TESTAMENTARY DOCUMENTS OR
DISPOSITIONS MADE BY ME…
4. Appointment Clause: This clause appoints the personal representatives
and trustees of the testator.
I APPOINT…
5. Charging Clause: This clause permits and mandates the Personal
Representatives and any person acting in that capacity to charge for the
services they render otherwise their services would be taken to have been
rendered gratuitously.
I DECLARE THAT MY EXECUTORS SHALL CHARGE OR I AUTHORISE
MY EXECUTORS TO CHARGE…

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6. Disposition Clause (Gifts): This is the clause that bequeaths gifts

(Legacies and devices) to respective beneficiaries
I GIVE TO...
7. Residuary Clause: This states the person who will be entitled to the residue
(remainder) of the estate of the testator.
I DECLARE THAT THE REMAINDER OF MY ESTATE SHALL… I GIVE TO
…
8. Substitution Clause: In case any gift fails or ceases to exist at the death of
the testator
9. Testimonium: This links the testator with the Will.
IN WITNESS OF WHICH…
10. Execution and Attestation Clause: the execution clause satisfies the basic
requirement in Wills that the testator must sign the Will as indicative that the
document is his act. To prevent fraud, the law requires attestation of
witnesses. The attestation clause confirms the presence of persons who
witnessed the execution of the Will by the testator.
SIGNED AS HIS LAST WILL BY THE ABOVE NAMED TESTATOR IN OUR
JOINT PRESENCE AND THEN BY US IN HIS PRESENCE.
SIGNED BY THE ABOVE NAMED TESTATOR IN THE JOINT PRESENCE
OF US AND EACH OTHER WHO IN HIS PRESENCE AND THAT OF EACH
OTHER HAVE SUBCRIBED OUR NAMES AS WITNESSES.

SAMPLE DRAFTS
Specimen Will
THIS IS THE LAST WILL of me, Mr. Eyeke Kenneth Samuel of 42 Umoji Street,
Abakaliki, Ebonyi State (The Testator) made on the 10 th day of December, 2020.
1. I REVOKE all previous testamentary dispositions made by me, and I
DECLARE this Will to be my last Will.
2. I APPOINT Barr. Ndubueze Ekene of 14 Osibanjo Avenue, Ikorodu, Lagos
and Mr. Olorunniyi Adeboyin Ifeoluwapo of No. 39 Abacha Street Ikoyi Lagos
State to be the Executors (Trustees) of my Will.

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3. I DECLARE that my Executors or any Professional or person engaged in

proving my Will and administering the estate may charge reasonable fees for
their services.
4. I GIVE my three storey building at 5 Saint Thomas Avenue Ikorodu Lagos to
my son, Dr. Ikenna Eyeke of 10 Nkaliki Street, Abakaliki, Ebonyi State.
5. I GIVE my Toyota Camry 2015 model to my son, Kennedy Eyeke.
6. I GIVE my 100, 000 shares of Nancwat Microfinance Bank Plc to my wife,
Blessing Eyeke of 42 Umoji Street, Abakaliki, Ebonyi State
7. I GIVE the remainder of my estate to my son Dr. Ikenna Eyeke and my
daughter Mrs. Precious of 18 Light Street Ikoyi Lagos in equal share.
8. I GIVE __________________________________________
9.

IN WITNESS OF WHICH I, Mr. Eyeke Kenneth (The Testator) have executed this
Will in the manner below the day and year first above written.

Mr. Eyeke Kenneth………………………

(Sign)

SIGNED by the Testator, in the presence of us both and at the same time who at
her presence subscribed our names as witnesses.

……………………………. …………………………..
Chukwuemeka Queen O. Henrietta M Ekefre
(Witness) (Witness)

CODICILS
This is otherwise known as a miniature or supplemental Will attached to a
previous valid Will. For there to be a codicil, there must be an earlier Will. All the
formalities for a Will to be valid apply to a codicil. The testator must possess the
testamentary capacity and the codicil must be executed by the testator in the
presence of two witnesses who must be present at the same time and who shall
attest to the codicil. There could be a Will without codicil but there can never be a
codicil without a Will. The Commencement of a codicil is as follows: “THIS IS
THE FIRST CODICIL TO THE LAST WILL of me, Mrs. Jones Emeka of No.2
Ejure Street Isolo Lagos made the 13 day of June 2020”.

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Specimen Codicil
THIS IS THE FIRST CODICIL to the last Will and testament of me, Mr. Eyeke
Kenneth Samuel of 42 Umoji Street, Abakaliki, Ebonyi State (The Testator) made
on the 4th day of January, 2021.
1. I REVOKE clause 5(five) of my Will made on the 10th day of December,
2020.
2. I GIVE all my residuary Estate to my wife, Blessing Eyeke 42 Umoji Street,
Abakaliki, Ebonyi State, Dr. Ikenna Eyeke, my son and Mrs. Precious
Agubata of 18 Light Street Ikoyi Lagos in equal share.
3. I confirm my Will in all other respects.

IN WITNESS OF WHICH I, Mr. Eyeke Kenneth (The Testator) have executed this
Will in the manner below the day and year first above written.

Mr. Eyeke Kenneth………………………

(Sign)

SIGNED by the Testator, in the presence of us both and at the same time who at
her presence subscribed our names as witnesses

……………………………. …………………………..
Chukwuemeka Queen O. Henrietta M Ekefre
(Witness) (Witness)

PRE CLASS ASSIGNMENT

Mr. Mat Musaba a Benin traditional Chief lived all his life in Lagos and a very
successful plank seller. He was married to Adekemi and had five children
namely, John 20 years, Jide 16 years, Jumai 8 years, Jolaade 6 years and
Jumoke 3years old. Before his death on 20th July, 2020, he was diagnosed with
prostate cancer at the Lagos State University teaching hospital and he was told
he had few months to live. He instructed Aboki Audu Esq to write his Will. The
Will was executed on 4th May, 2020 where he bequeathed his three-bedroom
bungalow situate at Ahmadu Bello way, GRA Ikeja, Lagos to his first son John.
He equally gave all other properties situate in Lagos to his girlfriend Tayothat
stood with him during his trying period. After his death, the Will was found by his

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wife Adekemi. She read the Will and felt betrayed by her husband despite her
true love for him and her sacrifice in the marriage. She has approached you for
legal advice. Answer the following questions.
a. Comment on the validity of his bequest to his girlfriend.
b. Advice Adekemi on how she can protect her children in the circumstances.
c. Assuming the testator being a Benin traditional Chief and his eldest son
John(born out of wedlock) has been disinherited of his dwelling house in
Benin and the Will contained the following clause:
“I DECLARE that I make the above demise and bequest when I
amquite sane and well. It is my will that nobody shall modify or vary
this Will. It is my will that the native law and custom of Benin shall not
apply to alter or modify this Will” Comment on the validity of the
bequest and as well as the clause containing the above declaration.
d. Assuming the testator resided in Ilorin and was subject toIslamic Law. Advise
him on the way and manner in which he can disposeof his property.
e. If you were the testator’s solicitor, in drafting his Will what information would
you require from him?
f. Draft the following clauses of the testator’s Will
i. Commencement,
ii. Appointment
iii. Revocation.
g. Assuming Mr. Mat Musaba is not sure of how to compensate his executors
for carrying out the work of executorship and he wants to ensure his
executors do not decline the execution of his estate. Advise him on what to
do.
h. Draft any clause you deem fit to actualize your advice in (f) above.
i. Assuming the witnesses to testator’s Will are Audu Ali of No. Ali Street Ikeja
Road Lagos and Ladi Sani of No. 41 Ahmadu Bello Way Victoria Island
Lagos.
a) Draft the execution and attestation clauses to be included in the Will.
b) Assuming the testator is a blind man, draft the execution and attestation
clauses to be included in the Will.
c) Assuming the testator had authorized Mr. Ahmed Musa to sign the Will on
his behalf. Draft the execution and attestation clauses.
As a legal practitioner engaged in drafting this Will. List 7 professional
responsibilities you must be conscious of in the course of your professional
services.

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Week 18
PROBATE & LETTERS OF ADMINISTRATION

Probate practice comprise of the procedure for the grant of probate and letters of
administration both in contentions and non contentions cases. Until probate or
letters of administration is granted, the executor or administrator who interferes
with the state of the deceased person is inter-meddler. See Bank of West Africa
LTD. V Ricket (1959 NRNLR 125) Probate is an official verification of a Will;
admitting the Will. It is granted only where there is a valid Will and
Executors were appointed in the Will.

STEPS

1. Search for the Will at the Probate Registry or Bank etc.

2. If the Will is found, send it within 14 days to the Court within the jurisdiction
where the testator died.
3. The Will is to be read after 7 days of the testator’s burial in the presence of
persons interested.
TYPES OF GRANT
1. GRANT OF PROBATE – This grant will be given when the deceased died
testate living a valued Will with executors validly appointed in the Will.
2. GRANT OF ADMINISTRATION WITH THE WILL ANNEXED: This grant will
be given when the deceased died testate either without appointing executors or
those appointed renounce probate or minors are appointed as executors.
3. GRANT OF SIMPLE ADMINISTRATION This grant will be issued where the
diseased died in testate either wholly or partly. Where he died partially testate,
the part of his estate not covered in the Will would be administered by the grants
of simple administration.

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SAMPLE DRAFT: APPLICATION LETTER FOR THE GRANT OF PROBATE

EYEKE KENNETH & CO

BARRISTERS AND SOLICITORS
NO 7 TINUBU STREET IKEJA, LAGOS STATE
[email protected]
08102959631
Our Ref: ________________________________________Your Ref:_____________

Date: 6th December, 2020

To
The Probate Registrar
High Court 2
Ikeja Judicial Division Lagos State.

Sir,
IN THE MATTER OF THE ESTATE OF LATE MRS OLORUNNIYI DIVINE DESMOND
APPLICATION FOR GRANT OF PROBATE (RE-SEALING OF PROBATE/
LETTERSOF ADMINISTRATION)
We are Solicitors to Dr. Abdulkareem Abdulhamid, Mrs. Ogah Ogechi
Lovelyn and Gunat Nansat who are the Executors of the Will of Mrs
Olorunniyi Divine Desmond (now deceased) of No. 12 Aduke Street Ikeja
Lagos, who we will refer to herein as ‘our clients’.
It is our clients’ instructions that we apply for the grant of Probate on the
Will of Mrs Olorunniyi Divine Desmond (deceased) who died on the 10 day
of January 2020 and before her death she lived at No. 12 Aduke Street
Ikeja Lagos and within the jurisdiction of this Court.
Please find attached the following documents for your kind consideration:
1. Certified true copy of the Will of Mrs Olorunniyi Divine Desmond dated
14 March 2016.
2. Copy of the death certificate of Mrs Olorunniyi Divine Desmond dated
14 January 2020.
We will appreciate if the necessary Forms to process Probate are made
available to us. Thank you.
Yours faithfully,

Eyeke Kenneth Esq

(Principal Partner)
For: EYEKE KENNETH & CO.

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WEEK 18 ASSIGNMENT PROBATE & ADMINISTRATION OF ESTATE 1

Mr. Mat Musaba, a seasoned comedian, is a native of Kofadandoya, Kano State

and resident at Plot 48 Rikos Avenue, Abuja.
He lived all his life and died in Abuja on March 28, 2020at the age of 72as a
result of complications from covid-19 at the Round Life Specialist Hospital, Abuja
leaving a Will dated July 24, 2019. Musaba was survived by his wife, Mrs.
Adekemi Musaba, two sons and three daughters namely: John (32), Mrs. Jumai
Musaba-Dangana (30), Jolaade (27), Jumoke (27) and Jide(24).
Musaba, in his Will, appointed his wife (Adekemi), his first son, Eng. John
Musaba of No. 43 Allen Road, Ikeja-Lagos as Executors of his last Will.
He owned a 4-bedroom duplex at No. 9 Konga Avenue, Apapa, Lagos; a 3-
bedroom bungalow at No. 15 Ore Street, Benin City; a 2-bedroom flat at Plot 16
Ogui Drive, Abuja; 3-bedroom duplex at No. 25 Orange Street, Garki-Abuja and a
4-bedroom duplex with boys’ quarters at No. 48 Kings Drive, G.R.A. Kano.
He also owned a Toyota Prado Jeep (2014 model- KJA-214 AA), Honda Accord
car (2014 model- EKY- 902 ST), Silver lining Rolex wrist watch, Kawazaki power
bike (2012 model- GWA-432 DX) and BMW X5 SUV (2015 model- ABC 523-
AG) and other personal properties as contained in his said Will.
Mr. Mat Musaba maintained Current accounts with Zenith Bank PLC, Ikeja
Branch, Lagos (Account NO: 0020150318) and Access Bank PLC, Wuse Branch,
Abuja (Account NO: 0320150180).
Answer the following questions:
1. (a) Advise Mrs. Adekemi Musabaon what the family needs to do in order to
legally administer the estate of the deceased.
b. State the procedure the family would adopt to achieve this purpose.
c. Would your answer be different assuming that Mat Musaba’s brother,
Badiru, wants to protest the validity of the Will? If yes, advice the parties on
steps to take in this direction.
d. Assuming John Musaba was not in the country when probate was granted.
He has now come back and wants to take part in the administration of his
father’s estate. Advise him on what he should do.
e. Assuming that the executors of Mat Musaba have applied for and obtained
probate, advise them on the step/s they need to take to be able to deal
with his property in Kano, Cotonou, Lagos and Benin City.
f. Assuming Mat Musaba did not appoint anyone to act on his behalf in the
Will. Saratu, his wife’s niece (who recently got admitted to the University of

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Abuja but who spent three months as an intern in a Law firm) told her
aunty that her husband’s Will was as good as not writing a Will. Mrs
Musaba is confused and wants your opinion. Advise her. State other
instances when this advice would be applicable.
2. Assuming that Musabalived and died in Lagos without leaving a Will, advise
his family on:
(a) The document/s they would need to obtain in order to legally administer the
estate of the deceased.
(b) The person/s to whom the document could be issued.
(c) State the procedure to be adopted to obtain the document/s mentioned in 2(a)
above.
(d) State other instances when such document/sin 2(a) above may be applied for
at the probate registry.
(e) Advise the family on the step/s to take to administer Mat Musaba’s estate
where he dies without leaving a Will but has personal properties without any
realty.
Scenario & Tasks
Mr. Mat Musaba lives in Benin City. Mr Mat Musaba is married to Adekemi and
they have five children --- John, Jide, Jumai, Jolaade, and Jumoke. Mr. Mat
Musaba owns the following personal and real properties, among others:
1) A 3-bedroom bungalow at 15, Ore Street, Benin City, (his residence) which
he purchased from his business partner, Chief Damien of 45, Sapele
Street, Benin City for N15 million in 2009;
2) A 40-feet-wide warehouse at 17, Dolapo Street, Okota, Lagos, which Mr.
Musaba bought from Madam Kareem in 2010;
3) A 5-rooms bungalow at, Obalende Road, Ikoyi, Lagos, which Mr. Musaba
inherited from his mother, Chief (Mrs.) Arinne who died intestate in 2015;
4) A Toyota Prado jeep;
5) The sum of Two Million Naira in his account domiciled at Jaiz Bank Plc.
Mr. Musaba has been diagnosed with a prostate cancer and he has been told he
has few months to live. He instructed Aboki Audu Esq. to write his will. The will
was executed on 1st December, 2019 with the following clauses:
1. I give my 3-bedroom bungalow at 15, Ore Street, Benin City to my son John.
2. I give N 2million from my account No. 34342424 domiciled at Jaiz Bank to my
daughter Jumoke.
3. I give my 5-rooms bungalow at Obalende Road, Ikoyi, Lagos to my son Jide.

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4. I give my Toyota Prado Jeep to my son Jolade.

5. I give my40-feet-wide warehouse at 17, Dolapo Street, Okota, Lagos to my
daughter Jumai.
6. The remainder to all my children to be shared equally.
Answer the following questions:
a) Identify the type of gifts in clauses 1,2,3,4 and 5.
b) Are there any implication(s) on the gifts in clauses 4 and 5?
c) Assuming clause 6 is not inserted in the will, what are the likely
consequences?
d) What properties will add up to the gift in clause 6?
e) Two days after the testator’s death, it was discovered that the Lagos State
Government had acquired the5-rooms bungalow at Obalende Road, Ikoyi,
which had been bequeathed to his son Jide on ground of public interest to be
used as COVID 19 isolation center. Comment on the legal implication of the
gift to his son Jide.
7. It was also discovered that the testator had mortgaged his 40-feet-wide
warehouse at 17, Dolapo Street, Okota, Lagos to secure a loan to contest for
a Senatorial seat which he lost and had not redeemed before his death.
Comment on the effect of the mortgage on the gift to his daughter Jumai.
f) Assuming John died one hour before the testator’s death, state legal
implications on the gift to him?
g) Would your answer in (f) above be different if John is survived by a 5 years
old son?
h) List other exceptions to the effect on a gift to a beneficiary who predeceased
the testator?
i) Assuming after the Will had been executed and the testator decided to
change his mind about the bequest to his daughter Jumoke and he cancelled
it and in its place name his Son Jide who graduated with a first class from the
Nigerian Law School.
j) Comment on the implication of such alteration.
k) Assuming after the alteration the bequest to Jumoke is still visible on the face
of the will. Comment on the legal implication.
l) By what other means the testator could have achieved the same result in (j)
above?
m) Assuming before the testator’s death he had asked for your advice on how he
could revoke his Will. Advise him.

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Week 19
PERSONAL REPRESENTATIVES AND ASSENT

The term when used includes Executors and Administrators. They are the ones
appointed or granted the authority to administer the estate/properties of a
deceased. An executor if appointed under the will. An administrator where done
by operation of law/court outside the act of the deceased. Where deceased
appoints executors, he could also appoint trustees. An executor is expected to
act in good faith but he is not a trustee so he has no power to assign his duties,
function and powers of office of executor. If executor is also appointed as trustee,
he can appoint someone else and transfer the duties of trusteeship to that person
and retire from the trust -Adeniji v Probate Registrar.
Sample Draft of an Assent
WE, DR. ABDULKAREEM ABDULHAMID OF 43 USMAN STREET IKEJA
LAGOS AND MRS. OGAH OGECHI LOVELYN OF 27 CHRIS CLOSE IKEJA
LAGOS, THE PERSONAL REPRESENTATIVES (EXECUTORS) OF MRS
OLORUNNIYI DIVINE DESMOND (Deceased) of 12 Aduke Street Ikeja Lagos
who died on the 10 day of JANUARY 2020 and whose Will was proved on the 10
day of APRIL 2020 in the Probate Registry of the High Court of Lagos State:
1. DO HEREBY on this 26th day of April 2020 as such personal representatives,
ASSENT to vesting in Dr. Nansat Mark of No. 10 Ikorodu Road Surulere
Lagos State (the Beneficiary) ALL THAT two storey building at 56 Awolowo
Avenue Ikeja Lagos covered by a certificate of Occupancy No. 876534 dated
12/11/2004 and registered as No.24 page 45 and volume 5647 of the said
Mrs Olorunniyi Divine Desmond at the time of her death.

2. WE DECLARE that we have not previously given or made any assent or

conveyance in respect of any legal estate in the property or any part of it.

3. WE ACKNOWLEDGE the right of Dr. Nansat Mark (the Beneficiary) to the

production of the Probate of the Will (the possession of which is retained by
us) of the deceased and to the delivery of copies.

IN WITNESS OF WHICH we, Dr. Abdulkareem Abdulhamid and Mrs. Ogah

Ogechi Lovelyn have executed this Assent the day and year first above written.

SIGNED AND DELIVERED

By the within named
………………………..
Dr. Abdulkareem Abdulhamid

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IN THE PRESENCE OF:

Name:
Address:
Occupation:
Signature:
Date:

SIGNED, AND DELIVERED

By the within named
………………………..
Mrs. Ogah Ogechi Lovelyn

IN THE PRESENCE OF:

Name
Address
Occupation:
Signature:
Date

WEEK 19 ASSIGNMENT ON PERSONAL REPRESENTATIVE

Mr. Mat Musaba lived and died in Abuja on March 28, 2020 at the age of 72
following complications of covid-19 at the Round Life Specialist Hospital, Abuja
leaving a Will dated July 24, 2019. Musaba was married under the Act and was
survived by his wife, Mrs. Adekemi Musaba, two sons and three daughters
namely: John (32), Mrs. Jumai Musaba-Dangana (30), Jolaade (27), Jumoke (27)
and Jide (24). Musaba appointed as executors his first son, John Musaba and
Master ChuksMusaba aged 12yrs old, a love child from his Mistress of 25 years.
Mr. Musaba’s Will contains the following clauses:
‘I give N2Million from my account No 34342414 domiciled at Jaiz Bank to my
daughter Jumoke’
‘I give my Toyota Prado Jeep to my son Jolade’
‘I give N2Million to my childhood friend Chief Yekovie in settlement of my long-
standing debt to him’
It is now five months since Mr. Musaba died and probate was granted to his
estate. Mr. John Musaba refuses to distribute the estate to the beneficiaries

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despite all entreaties. The beneficiaries have now consulted you as a new wig for
advice on options open to them.
Answer the following questions:
1a. Advise the beneficiaries on the position of the law In respect of MrJohn's
refusal to distribute the estate.
1b. Would your advice in (a) above apply to Chief Yekovie?
2a. The executors in the above Will sent a bill of N8 Million to the family of Mr.
Mat Musaba as their professional fees for the task of administering the estate.
Advise the family on the position of the law regarding the issue.
2b. Would your advice in (2a) above be affected if Mr. Mat Musaba’s Will had the
following execution/Attestation clause. Give reasons for your answer
Signed: ……………………
Mr. Mat Musaba (Testator)
Signed: …………………
John Musaba (Witness 1)
Signed: ……………………
Devon Engel (Witness 2)

3a. John Musaba remembers all the mid night pains his dad had caused his
mother in the later years of their marriage and vows not to have anything to do
with Mr. Musaba both in life and death. Advise John on steps he needs to take to
avoid liability of any sort.
3b. Assuming John Musaba sought and obtained a valid advice and had taken
the requisite steps to avoid liability, and that he was the sole executor, advise the
family of Mr. Mat Musaba on the next steps to take.
3c. Mr. John Musaba attended an all-night vigil of the Gathering of Angels
Church, Kawuka,Taraba State in which the Church’s General Overseer
ministered the Word of God. He now has a change of heart and wishes to comply
with MrMusaba’s instructions in his Will. He wants to know if he has lost the
opportunity forever. Advise him.

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4a. Mr. Musaba’s first daughter, Mrs. JumaiMusaba-Dangana, who had been
estranged from her husband and had been living in one of Mr. Musaba’s houses
in Gwarinpa, finds to her excitement that Mr. Musaba had devised the same
property to her. Being in critical need of money, she immediately began to rent
out the rooms and collect rents. Advise her on the propriety or otherwise of her
action
4b. Mr. John Musaba got wind of Mrs. JumaiMusaba-Dangana’saction and
immediately took out writ seeking an order of injunction to restrain her. Infuriated,
Mrs. Jumai argues Mr. John is acting ultra vires without grant of probate. Advise
the parties.
5a. The Executors, in a bid to offset debts of Mr. Mat Musaba, sold his 40 Feet
wide warehouse at 17 Dolapo Street,Okota Lagos to Chief OnwaIchide. Advise
Chief Onwa on the validity of the transaction.
5b. Despite the sale of the ware-house, the estate is short of cash to satisfy the
pecuniary gift of N2 Million to Jumoke. The executors decide to augment the
available cash with the Toyota Prado Jeep to Jumoke. Advise the executors on
the propriety or otherwise of this contemplated action.
6a. Mr. Mat Musaba had a bakery factory ‘Mat Musaba Bakeries’. The executors
want to sell the bakery business. The executors consider offers made so far very
ridiculous. What would be your advice to them?
6b. Mr. Mat Musaba’s estate is found not to be sufficient to cover all the
Testator’s debts and devises under the Will. There are competing demands from
both the beneficiaries and Mr. Musaba’s creditors. Advise the executors on how
to proceed in the seeming confusion.
6c. The executors have now fully administered the estate. Each beneficiary was
taken to the property gifted to him or her. However, there is contention as to who
keeps the Will in the event of future dispute as to ownership of their newly
acquired properties. Advise them.

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WEEK 20
PROPERTY LAW TAXATION
Tax is a compulsory charge by the government on the income of an individual,
corporation, trust as well as the value of an estate. An amount of money levied
by a government on its citizens and used to run the government, the country or
state.
Types of Taxes
1. Stamp Duties
2. Personal Income Tax
3. Value Added Tax
4. Tenement Rates
5. Capital Gains Tax
6. Ground Rent
7. Consent Fee
8. Company Income Tax
9. Withholding Tax on Companies

Applicable Laws
1. Land Use Act – e.g. consent fees
2. Value Added Tax Act Cap V1 LFN 2004
3. Stamp Duties Act Cap S8 LFN 2004
4. Land Instrument Registration Laws (LIRL) of the various states
5. Capital Gains Tax Act Cap C1 LFN 2004
6. Personal Income Tax Act (PITA) Cap P8 LFN 2004
7. Companies Income Tax Act (CITA)
8. Land Use Charge Law Lagos – all properties and land based rates in one
uniform body in Lagos State AND Tenement Rate Laws of the States

Note:
Section 12 Personal Income TAX
Every person other than a Government employee must keep record of his
personal incomes for tax purposes.
Default attracts fine; N100,000.00 for individuals N500,000.00 for corporate
bodies.
Withholding Tax: There is a duty imposed on individuals to deduct tax and remit
same to the government. Failure to do so is called withholding.

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EXERCISE
Chief Clifford Sanusi brought a plot of land from state government in 1970 for
N100,000. He completed building consisting a block of four flats (3 bedrooms
each). He spent N900, 000 to complete the project. In 2007, he sold the block of
flats to Alhaji Rita Odia, the Sebe-Sebe of Oyo State for N5 million after
renovating the building with N500,000.Vike Idris Esq. is the solicitor handling the
sale on behalf of the parties. He advised Chief Clifford Sanusi to pay his capital
gain tax. Assuming the Solicitor was paid N500,000 compute the capital gain tax
to be paid.
Answer
1. Consideration received N5 million
2. Cost of purchase of property N100,000
3. Gain = 5,000, 000 – 100,000 = 4,900,000
4. Allowable income
Building Cost 900,000
Renovation 500,000
Solicitors Fees 500,000
Total 1,900, 000
5. Gain less total allowable income 4,900,000
1,900,000
3,000,000
6. 10% of (total Gain – Total allowable income)
= 10/10 x 3,000,000
Capital Gain Tax = N300,000.00

REVISION QUESTIONS
Scenario 5
Amount property was sold for: 4,000,000
Allowable expenses:
1. Amount vendor acquired the property: 50,000
2. Building of block of 4 flats: 950,000
Total = 1,000,000
Capital gain: 4,000,000 -1,000,000 = N3,000,000
Capital gain tax: 10% x 3,000,000 = N300,000
Under Governor’s Executive Order = 0.5% x 4,000,000 = N20,000

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1. Effect of the Constitution on Tax Jurisdiction: Nigeria being a Federation,

the tax jurisdiction is influenced by the division of legislative powers under the
CFRN, a unit of government can only impose tax on matters it can legislate
on –Section 4(1) CFRN 1999.
2. If an Estate Valuer Sells Property, Will He Pay CGT:No, he will not. Such
taxes will be paid by him as Personal Income Tax or a Companies Income
Tax. This is because such property sold (or selling such property) is his stock-
in-trade which sale does not qualify as a disposal of assets to warrant the
charging of capital gains tax.
3. Who Takes the Proceeds of Capital Gains Tax and Stamp Duties: Where
CGT and stamp duties are collected by state, they will be deposited into a
consolidated fund of the state. Even where the Federal Government collects
CGT and stamp duties, it is expected to remit it back to state based on
Duration formula i.e. based on how much was collected from each state.
There must be an Act of the National Assembly specifying how such tax is to
be shared.

WEEEK 20 ASSIGNMENT ON PROPERTY LAW TAXATION

Mrs. Adekemi Musaba bought a parcel of land at No. 34 Leah Road, Asokoro-
Abuja from Engr. LanreMomodu in 2004 for N1.3million. She built two blocks of
3-bedroom flats and a large corner shop on the land at a cost of N35m. After the
death of her husband, Mr. Mat Musaba, in 2019, she sold the property to Chief
Rufus Adigwe for N120 to raise funds to complete a specialist hospital project, in
memory of her late husband, in Benin City, Edo State. She advertised the sale in
“Tatafo National Magazine” for N300, 000.00; she paid the estate agent sum of
N1m, paid the sum of N1.2m to Uzor Akande, the Solicitor handling the sale for
the parties. Thesum of N800, 000.00 was spent to renovate the roof of the corner
shop; the sum of N150, 000.00 was spent by Mrs. Adekemi Musaba on food and
beverages and N60,000.00 on drugs and first aid for the site workers while
building the property at Asokoro.
Uzor Akande advised Mrs. Adekemi Musaba not to pay any tax in respect of the
transaction. Chief Rufus Adigwe wants the sale to be perfected as quickly as

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possible as he wants to apply for a mortgage facility from Stanbic Royal Bank
PLC and the property is to be used as security. Chief Rufus Adigwe and Uzor
Akande, who acted as solicitor for both parties, connived to do everything
possible to evade payment of consent fees and registration.
ANSWER THE FOLLOWING QUESTIONS:
1. List the taxes required to be paid in respect of the transactions in the
scenario.
2. State the items in the scenario that constitute “allowable expenditure” in
computing Capital GainsTax.
3. Using the scenario above, compute the Capital Gains Tax payable on the
property and state the person responsible for the payment.
4. Assuming Adekemi Musaba refused to pay stamp duties, state the
effect(s) of refusal on the document executed in relation to the transaction
between her and Chief Rufus Adigwe.
5. Mention the effect(s) of Mrs. Adekemi Musaba’s failure to pay consent fee.
6. State the propriety or otherwise of Uzor Akande's role in circumventing the
payment of taxes.
State the ethical responsibilities of a solicitor engaged in transactions involving
payment of property tax.

EYEKE KENNETH SAMUEL

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