past questions for equity and

trust used in class

2. Mustapha and Suleiman as friends purchased a property jointly for residential purposes. Their
individual contribution towards the purchase was equal. Seven years thereafter, Mustapha died. Prior to
his death, Mustapha had pledged his share of the property in favour of Haruna, his son, as debt
redemption. Suleiman however claimed the entire property as the sole survivor. Advice Haruna on the
legal steps to take to protect his interest.

3. "The maxims of equity are unreliable. Though rarely completely meaningless tendency to obscure and
mislead, and to stand in the way of analysis of the real principles and policies which shape the law."
(Charlie Webb, Trusts Law). Discuss. or false, they have

4. The Danlami family in Bauchi state conveyed a plot of land to Mr. Bulus for the sum of N3 million
which he made a part payment of the sum of N1.5 million in 1999. The vendor nonetheless signed a
conveyance containing a receipt for the full purchase price. Mr. Bulus then erected a building on the plot
of land and upon completion gave it out on rent to Mr. Ayuba. The lease agreement contained a clause
which stated that the premises must be used for residential purposes only, but that in the event of any
financial difficulty, Ayuba may sublet a room to another lessee. In March 2010, Ayuba sublet two rooms
to his friend Suleiman who used the room for commercial purposes of selling laces, wrappers and guinea
brocade after his shop was destroyed following the Jos crisis. However, in November 2010, Ayuba
executed a will and created a trust for sale, the proceed of which shall be used to sponsor the education
of his son Joshua and appointed his brother Iliya as his trustee. Iliya the trustee has now sold the
property to Ahmed who, at the time of the transaction was not aware of any defect in the property.
Advice:

i. The Danlami family as to its legal rights to recover the balance of its purchase price from Bululs;

ii. Would Bulus have any right of action and would he be entitled to any remedy from Ayuba resulting
from the misuse of his property by Suleiman?

iii. Joshua as to his right to the property under the trust created;

iv. What is the validity of the sale such property by Iliya to Ahmed?

Distinguish between legal and equitable assignment of choses-in-action, supporting your discussion with
\relevant authorities.
"If a stranger commences building on my land assuming it to be his own and I, perceiving his mistake
abstain from setting him right and leave him to persist in his error, a court of equity will not allow m
afterwards to assert my title to the land in which he had expended money on the supposition that the
lan was his own...." Lord Crasworth in Ramsden v. Dyson (1866) LR IHL 129.

Critically examine the above statement in relation to the rule of estoppels.

Discuss the issues in legal assignment of choses in action citing appropriate authorities.

1. The principai members of Adetokunbo family in 1990 sold a plot of their land under customary law to
Obi at a consideration of N 2,000,000.00 (Two Million Naira) which he paid and was issued with a receipt
accordingly. In 2007, the family sold and executed a formal deed of conveyance of the same land to John
at a consideration of N 8, 000,000.00 (Eight Million Naira). John contented that he was a purchaser of
the legal estate for value without notice of obi's interest. Advice John.

2. David and Adamu as friends purchased an estate which was let out for residential purposes. Their
contributions towards the purchase were on a ration of 55/45 basis. with David contributing 55% of the
sum. The proceeds from the estate were deposited into Zenith Bank where both operated a joint
account. Adamu is the sole signatory to the account because David a civil servant did not want the
account traced to him. Three years later. David was involved in a fatal motor accident and suffered
severe amnesia. Prior to the accident. David pledged his share of the proceeds from the estate in favour
of James his son as debt redemption. David eventually died. Adamu claimed the estate and proceeds in
the account as the sole survivor. Discuss the legal issues with appropriate authorities and advice James
on the legal steps to take to protect his interest.

3. Chiet Jacob has three wives and twenty children. He owned two houses, one is the family house
where he resides with his entire family while the other, is on lease to tenants where he collects rents.
Chief Jacob also owned a large piece of land in Benin City. In the year 1998. one of his sons. Nosa
approached him for the use of the land to cultivate crops. After the harvest on the same land for two
years. Nosa decided and proceeded to erect a three bedroom bungalow on the said land. Upon
completion of the property, Nosa leased out the property to a tenant for the sum of N150, 000.00 per
annum. Nosa then appointed Chief Jacob the caretaker of the property. Chief Jacob collected the rent
for the year but refused to remit it to Nosa, claiming that he only gave out the land to Nosa to cultivate
and not to build on and therefore was entitled to the land and whatever was on it. After the expiration
of the tenancy. Nosa sold the house to Onome for the sum of N4 million. a Advice Chief Jacob and Nosa
as to their legal rights based on their claims and assertions.

b. with the aid of relevant authorities, comment on the validity or otherwise of the transaction between
nosa and onome
1. Phe deposit of a title deed without a memorandum of the deposit does not in itself create a charge
sensibe property and the title deed without a memorandum of the deposit doescontract under which
the possition exps obtained will not perseesion of the deeds without evidence of the legal effect of the
above positione deplaining other circunstente an equitable security. Comment on created in light in
British French Bank Ltd. v. Akande.

2. Mustapha and Suleiman as friends purchased a property jointly for residential purposes. Their
individual Contribution towards the purchase pas que property ismereafter, Mustapha died. Prior to his
death, Mustapha had pledged his share of the property in favour of Haruna, his son, as debt
redemption. Suleiman however claimed the entire property as the sole survivor Advice Haruna on the
legal steps to take to proteet his interest.

3. "The maxims of equity are unreliable. Though rarely completely meaningless or false, they have a
tendency to obscure and mislead, and to stand in the way of analysis of the real principles and policies
which shape the law." (Charlie Webb, Trusts Law). Discuss.

4. The Danlami family in Bauchi state conveyed a plot of land to Mr. Bulus for the sum of N3 million
which he made a part payment of the sum of N1.5 million in 1999. The vendor nonetheless signed a
conveyance containing a receipt for the full purchase price. Mr. Bulus then erected a building on the plot
of land and upon completion gave it out on rent to Mr. Ayuba. The lease agreement contained a clause
which stated that the premises must be used for residential purposes only, but that in the event of any
financial difficulty, Ayuba may sublet a room to another lessee. In March 2010, Ayuba sublet two rooms
to his friend Suleiman who used the room for commercial purposes of selling laces, wrappers and guinea
brocade after his shop was destroyed following the Jos crisis. However, in November 2010, Ayuba
executed a will and created a trust for sale, the proceed of which shall be used to sponsor the education
of his son Joshua and appointed his brother Iliya as his trustee. Iliya the trustee has now sold the
property to Ahmed who, at the time of the transaction was not aware of any defect in the property.
Advice:

. i The Danlami family as to its legal rights to recover the balance of its purchase price from Bululs;

ii. Would Bulus have any right of action and would he be entitled to any remedy from Ayuba resulting
from the misuse of his property by Suleiman?

iii. Joshua as to his right to the property under the trust created;

iv. What is the validity of the sale of such property by Iliya to Ahmed?

5. Distinguish between legal and equitable assignment of choses-in-action, supporting your discussion
with \relevant authorities.

"If a stranger commences building on my land assuming it to be his own and I, perceiving his mistake,
abstain from setting him right and leave him to persist in his error, a court of equity will not allow me
afterwards to assert my title to the land in which he had expended money on the supposition that the
land was his own...." Lord Crasworth in Ramsden v. Dyson (1866) LR IHL 129.

Critically examine the above statement in relation to the rule of estoppels.

Discuss the issues in legal assignment of choses in action citing appropriate authorities..
1. Alhaji Ibrahim has four wives and twenty three children. He owned two houses, case to the family
house where he resides with his entire family while the other, is on lease to tenants where he collects
rents. Alhaji Ibrahim also owned a large piece of land in Sambisa City. In the year 1998, one of his sons,
Farouk approached him for the use of the land to cultivate crops. After the harvest on the same land for
two years, Farouk decided and proceeded to erect a three bedroom bungalow on the said land. Upon
completion of the property. Farouk leased out the property to a tenant for the sum of N200, 000.00 per
annum. Farouk then appointed Alhaji Ibrahim the caretaker of the property. Alhaji Ibrahim collected the
rent for the year but refused to remit it to Farouk, claiming that he only gave out the land to Farouk to
cultivate and not to build on and therefore was entitled to the land and whatever was on it. After the
expiration of the tenancy, Farouk sold the house to Emeka for the sum of N4 million.

a. Advice Alhaji Ibrahim and Farouk as to their legal rights based on their claims and assertions.

b. with the aid of relevant authorities, comment on the validity or otherwise of the transaction between
Farouk and Emeka.

2. A. Mr Stephen sold a piece of land situate at New Karu to Mr. John for the sum of Ten Million Naira in
2005. Mr. John then raised a short fence around the land. In 2012, Mr Stephen resold the same piece of
land to Alhaji Sabo for the sum of Fifty million naira. Alhaji Sabo pulled down the short fence and
commenced the construction of a duplex on the land. Mr. John eventually became aware of Alhaji
Sabo's act on the land and has consulted you for advice. Advice him.

B. Examine the circumstances under which notice may be considered a rule of priority.

3. The rationale behind estoppel is to prevent injustice owing to inconsistency or fraud. Discuss.

4. The Abubakar family in Bauchi State conveyed a plot of land to Mr. Bello for the sum of N3 million
which he made a part payment of the sum of N1.5 million in 2005. The vendor nonetheless signed a
conveyance containing a receipt for the full purchase price. Mr. Bello then erected a building on the plot
of land and upon completion gave it out on rent to Ayuba. The lease agreement contained a clause
which stated that the premises must be used for residential purposes only, but that in the event of any
financial

difficulty, Ayuba may sublet a room to another leasce. In March 2010, Ayuba sublet two rooms to his
uba may sublet a room to another lean for commercial purpose of selling laces, wrappers and suleiman
who used the shop was destroyed following the Jos crisise However, in Noved guinea brocade atter his
shop will and created a trust for sale, the proceeds of which shall be used to sponsor the education of
his son Maiwada and appointed his brother Iliyas his frusteliya the trustee has now sold the property to
Ahmed who, at the time of this trusteena het aware of any defect in the property. Advice:

i. The Abubakar family as to its legal rights to recover the balance of the purchase price from Mr. Bello;

ii. Would Bello have any right of action and would he be entitled to any remedy from Ayuba resulting
from the misuse of his property by Suleiman?

iii. Maiwada as to his rights to the property under the trust created;
iv. What is the validity of the sale of such property by Iliya to Ahmed?

5. Henry and Suleiman as friends purchased a property jointly for residential purposes. Their individual
contribution towards the purchase was equal. Seven years thereafter, Henry died. Prior to the death,
Henry had pledged his share of the property in favour of Hilary his son as debt redemption. Suleiman
however, claimed the entire property as the sole survivor. Advice Hilary on the legal steps to take to
protect his interest.

6. Distinguish between the maxims "Where there is equal equity the law prevails" and "where the
equities are equal the first in time prevails" in the context of their nature and scope of application.

7. Write explanatory notes on any three of the following:

a. The doctrine of notice

b. Delay defeats equity

c. Purchaser for value without notice

d. Specific performance

e. Licenses