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Landlaw Ii Question Paper

Landlaw Ii

Course:Bachelor Of Laws

Institution: Catholic University Of Eastern Africa question papers

Exam Year:2012

Q1. a ) Fred owns a parcel of land in Kiambu. Juma a landless Kenyan begins staying on the
property in January 1998. Until 2011 Fred does not bother with the property at
all. Then in April 2011 Fred comes and boots Juma off the property and regains
possession. Fred then sells the land to Owino who conducts a search at the land
registry and sees an apparently valid chain of title ending
With Fred. Owino buys the property and moves in. Juma bring a suit to eject Owino.
Advise the parties

(20 marks)
b) Jack rents the lower half of a two family house from Henry. He lives there with his
daughter Jill. One Day, he sends Jill upstairs to fetch a pail of water from the
upstairs tenant. She goes up a common Staircase at the back of the house. The
staircase looks safe, but, in fact one of the steps is rotted. Jill Falls through,
anda is severely injured. Who is liable in this case?
(20 marks)
Q1. a) Dorothy rents a house in South C registered under the Registered Lands Act Cap 300
as L.R. No.1234/543. Due to poor drainage of the general area, after some very
heavy rainfall the roof of the house is blown off. Must Dorothy still pay rent?
(10 marks)
b) What would your answer be if the house was located in Mombasa and was registered
under the Land Registration Act
(10 marks)
Q3. a) Mwangi buys a prime piece of land in Nyali and builds a house on the part nearest
to the road. He Subsequently, sells the back half of the land to Jane who builds
her house there. Jane has no Access to the main road. Will Jane be able to cut
across Mwangi’s land to get to the road?
(14 marks)
b) Distinguish between an implied easement and easement of necessity.
(6 marks)
Q4. Citing relevant case law and legal provisions discuss the Kenyan position on
the application of Doctrine of eminent domain.
(6 marks)
Q5. a) Owino is the proprietor of a shop along Kenyatta Avenue Street in Nairobi. By an
agreement Dated 1.03.1990 he agreed to lease the said premises to Wambui for a term
of 5 years at a Monthly rent of Ksh. 4,000 no instrument was ever registered as is
required by S.40 of the Registration of Titles Act Cap 281. However Wambui went
into possession of the premises and has been paying the agreed rent. At the expiry
of the lease on 1.03.1995 Wambui refused to deliver up possession and vacate the
premises claiming that the original lease not having been registered, he became a
periodic tenant under S 106 of the Indian Transfer of Property Act 1882 and
therefore protected under the Landlord Tenant (Shop Hotels and Catering
Establishments) Act cap 301. Advise Wambui.
(10 marks)
b) Would your answer be different if the premises involved and not a
shop? (10 marks)

Landlaw Ii Question Paper

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