Property Law Ii Question Paper
Property Law Ii
Course:Bachelors Of Law
Institution: Jomo Kenyatta University Of Agriculture And Technology question papers
Exam Year:2012
JOMO KENYATTA UNIVERSTY OF AGRICULTURE AND TECHNOLOGY
UNIVERSITY EXAMINATIONS 2012/2013
FIRST YEAR FIRST SEMESTER EXAMINATION FOR THE DEGREE OF BACHELORS OF LAW
LSC 2213: PROPERTY LAW II
DATE: AUGUST 2012
TIME: 2 HOURS
INSTRUCTIONS: ANSWER ONE AND ANY OTHER TWO QUESTIONS
QUESTION ONE (30 MARKS)
Bernard is the registered proprietor of Land Reference No. Machakos/Masaku/400 situated in Machakos county. The land is registered under the Land Registration Act,2012.
He has three adult sons, Erastus,Tim and Gad, who have been residing with him on the subject land from their childhood. However, after disagreeing with his three sons, Bernard notified them to vacate the subject land immediately.
Erastus, Tim and Gad have sought your legal advice on their chances of success in court were they to challenge their father’s quit notice. They are relying on the Kamba customary law and the newly enacted Land Registration Act, 2012 to support their claims of entitlement to their father’s land since he inherited it from their grandfather.
Use relevant statutory and judicial authorities to prepare a legal opinion to Erastus, Tim and Gad, while tracing how Kenyan courts have historically determined such disputes.
QUESTION TWO (20AMARKS)
Austin owned Langatacre, which is registered under the land Registration Act, 2012. In the year 2005, he granted a three-year right to use a path across it to Victor, who owned the neighbouring Karenacre. The arrangement between Austin and Victor was duly registered against the title of Langataacre. Further, in the year 2006, Austin orally permitted Edward to graze livestock on Langatacre for as long as Edward wished.
In the year 2009, Austin sold Langatacre to Arthur, who immediately notified Victor and Edward that he would not honor any arrangements that they had entered into with Austin. Victor and Edward have sought your legal advice on their legal problems.
Using relevant statutory provisions and case law, prepare a legal opinion on the legal position of Arthur vis-a vis:
a) Victor (10 marks)
b) Edward (10 marks)
QUESTION THREE (20 MARKS)
Emelio owns Emilio Apartments a block of 12 flats. The flats are situated on land Reference No. 209/540, which is registered under the Land Registration Act, 2012.
Emilio agreed to lease “ one of his three vacant flats” to Silas “for as long as Silas wish to live in them” at a monthly rent of Ksh. 10,000. In addition, the terms of the agreement provided that “ Emilio would retain the only key to the main gate, and Silas would pick that key form Emilio’s nearby shop whenever Silas Wished to enter the Emilio Apartments”. The agreement between Emilio and silas was not registered at the lands registry.
In breach of his agreement with Silas, Emilio has rendered his flats unfit for human habitation by not carrying out repairs, including painting and plumbing works, for over two year. Silas, who plans to sue Emilio, has sought your legal advice on:
1. The legal status of his agreement with Emilio
2. The remedies that he may get in case his proposed suit succeeds.
Using relevant decided court cases and statutory provisions, prepare a legal opinion to Silas.
QUESTION FOUR (20 MARKS)
Mercy borrowed Ksh. 2 million from Pesa Bank Limited in may 2011. She was to repay the loan plus interest by May 2012. She intended to use the proceeds of the loan to construct rental property on her piece of land in Kisumu, which she used as security for the loan. The bank’s charge over the security as duly registered at against the title of the property.
The subject piece of land, kisumu/Block 120/320, was valued at Kshs. Million as at the time Mercy received the loan from the bank. The land is registered under the Land Registration Act, 2012.
Despite receiving regular income from her completed rental property that is equivalent to her expected monthly loan repayment installments to the bank, Mercy, has not been servicing her loan with the bank. As at May 2012,the outstanding loan plus interest stood at Ksh. 2.5 million.
The bank’s Legal Affairs Manager, where you work as a legal officer, has requested you to advise the bank on two (20 remedies available to the bank and the process of exercising those two remedies.
Prepare a well-illustrated memorandum to the Legal Affairs Manager.
QUESTION FIVE (20 MARKS)
“ The theoretical and practical view of the scope of Absolute Proprietorship as a type of freehold estate in Kenya is markedly different”. Discuss this statement, using relevant illustration.
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