Property Law Practice Note (2017) Nigerian Law School

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GENERAL OVERVIEW AND APPLICABLE LAWS.

WEEK 3 -- GENERAL OVERVIEW AND LEGAL FRAMEWORK
:: OVERVIEW (OBJECTIVES, CONTENT AND SCOPE) OF THE PROPERTY
LAW PRACTICE (MODULE) COURSE: Covers transactions and endeavours bearing
on real property1 like deeds, power of attorney, Sale of Land, Leases and Tenancies,
Assignment of Leases, Mortgages and charges, License, Easement, LRL, Wills and
Codicils, PR, Property Taxation, etc.
:: VARIOUS PROPERTY TRANSACTIONS:
Sale of Land, Leases and Tenancies, Assignment, Mortgages and charges, License,
Easement, etc.
:: APPLICABLE LAWS TO PROPERTY TRANSACTIONS, ADMINISTRATION
OF ESTATES AND PROPERTY TAXATION IN NIGERIA.
- Nigerian Legislation: Validly enacted by the Federal and State Governments to deal
with areas within their legislative competence. Some include;
- CFRN 1999 (Esp S 44 & 43), - LUA 1978 (esp. S 1 & 22), - PCL (esp. S 77), - SDA
(22), - CAMA, - Evidence Act, - AELs, - CGTA, - PITA, - Illiterates Protection Law,
Land Registration Laws (like LIRL, LRLL20142), Wills Laws of the various States,
MPL, High Court Civil Procedure Rules, RPC, Marriage Act, LPA, etc.
- Customary Law: is generally regarded as a question of fact which (in addition to not
being contrary to natural justice, equity and good conscience) must be pleaded and
proved-Olubodun V Lawal3.
- Islamic Law: See Ajibaiye V Ajibaiye.
- Case Law: Like Savannah Bank V Ajiloh, Ude V Nwara, Idehen V Idehen, Ogunleye
V Oni, to mention a few.
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Property Law Practice Note (2017) Nigerian Law School

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