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Landlaw Ii Question Paper

Landlaw Ii

Course:

Institution: Catholic University Of Eastern Africa question papers

Exam Year:2009

Q1. a) Distinguish between a lease and a license (10 marks)
b) what is the relevance of the doctrine in Walsh v Lonsdale to the law of leases
under both Indian Transfer Property Act 1882 and the Registered Land Act (cap
300) (10 marks)
c) By a written agreement dated 1st April 2005, Mwate agreed to grant and Jane to
accept, a lease of a certain premises situated in Nairobi city for a term of seven
years starting from the date of the agreement. The rent was fixed at Ksh 4000 per
month payable in advance. It was also agreed that Mwate’s lawyer would prepare a
formal document for the approval of Jane’s lawyer. Jane entered into possession
immediately. No formal lease was executed.
In January 2007, Mwate served Jane with a notice to vacate the premises with
immediate effect. Jane who has been paying her rent punctually in accordance with
the agreement, has consulted you as to whether she can continue in occupation of
the premises for the agreed term. Advise her on the assumption that the Registered
Land Act governs this transaction. (10 marks)

Q2. a) The Rent Restriction Act (cap 296) and the Landlord Tenant(shops hotels and
catering establishment) Act (cap 301) bestow upon leases of certain categories a
status of irremovability. Discuss. (10 marks)
b) Wanjiru is the proprietor of a shop along Moi Avenue in Nairobi. By an agreement
1.03.1980, she agreed to lease the premises to Taabu for a term of six years at a
monthly rent of Ksh.500. No instrument was ever registered as is required by s.40
of the Registered Titles Act (cap 281). However, Taabu went into possession of the
premises and has been paying the agreed rent. At the expiry of the lease on
1.03.1986, Taabu refused to deliver up possession and vacate premises claiming
that the original lease not having been registered, he became a periodic tenant
under S106 of the Indian Transfer Property Act 1882 and therefore is protected
under the Landlord Tenant (shops, hotels and catering establishments) Act (cap
301). Advise Wanjiru. (10 marks)
Q3. To what extent is the role in Wheel don v Burrows (1879) 12 ch. D31 applicable to
the creation of easements in respect of land held under Registered Land Act
(cap300)
(20 marks)
Q4. The Kenya Government wants to acquire land for two purposes; one is for the
construction of an anti- AIDs clinic, and the second is for the construction of a
public high school. The commissioner of lands has asked you to advise him on what
steps he should take and what consideration he should have in mind before and
after acquisition. Advise him
(20 marks)
Q5. a) John entered into a mortgage agreement with Pesa bank in 2000 for acquiring of
premises for his business for selling motor vehicles. The mortgage was for a
maximum period of seven years. John has been working very hard over the years. By
2003, his business was flourishing and he had made enough money to pay off the
mortgage by 2005. He approached Pesa Bank informing them that he wished to pay off
the mortgage money completely then and be released from any further obligations
to Pesa Bank with regard to the said mortgage. Pesa Bank has, however, told John
that he can only completely pay off the mortgage money in 2007, as stated in the
mortgage instrument. Advise John. (15 marks)
b) Would your advise be different if the transaction was a charge and not a mortgage?
(5 marks)

Landlaw Ii Question Paper

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