PROPERTY LAW KEY POINTS: CASES, SECTIONS AND PRINCIPLES

	SECTIONS	CASES	PRINCIPLES
1	Section 2(1) CA		Definition of Property
2	Section 2(1) PCL		Meaning of Conveyance
3		Akuchi v Nwamadi	In a pledge transaction, only possession is transferred and not title. Thus the land is redeemable no matter how long.
4	Section 7 CAMA	Anyaegbulam v Osaka	To establish pledge will involve: to prove the pledge itself, to prove the parties to the pledge, to prove the witnesses, time and circumstances of the pledge and to prove the consideration for the pledge.
5		Dung v Chollom	Gift is a voluntary transfer of property and does not require the bargain element of quid pro quo.
6		Achogo v Akagha	The element necessary to prove a gift are animus donation, complete act of delivery and unconditional acceptance.
7		Anyaegbulam v Osaka	Once there is unconditional acceptance of a gift by the donee, the right of the donor over the property is extinguished.
8		Olubadan v Lawal	Customary law is a question of fact which must be pleaded and proved.
9		Adesanya Aderonmu	The simple requirement sufficient for sale of land under customary law are: payment of purchase price, presence of witnesses and the purchaser being let into possession.
10		Ude v Nwara	Where there is no comparable legislation on a subject in Nigeria, recourse will be had to the Received English Law.
11		Ajibaiye v Ajibaiye	Where there is a comparable legislation on a subject in Nigeria, there will be no need for recourse to be had to Received English Law.
12	Section 4 Statute of Fraud		No action can be commenced in Court upon any contract for the sake of other disposition of land or any interest in Land, unless the agreement upon which such action is brought or some memorandum or note thereof is in writing.
13	Section 43 & 44 CFRN 1999		Constitutional right guarantee to persons to acquire and own immovable property immovable property anywhere in Nigeria.
14	Section 315(5) 1999 CFRN		The procedure for the amendment of the Land Use Act must be in accordance with Section 9(2) of the Constitution.
15		Nkwocha v Gov Anambra State	All lands in Nigeria have been granted to the Governor of the State to hold in trust for all Nigerians.
16		Kachallah v Banki Ezema v Attah	By virtue of the Land Use Act, all interest and title over land held by a person is converted to right of occupancy.,
17	Section 67(1) PCL		No action can be commenced in Court upon any contract for the sake of other disposition of land or any interest in Land, unless the agreement upon which such action is brought or some memorandum or note thereof is in writing signed by the person to be charged.
18	Section 77(1) PCL		All disposition of interest in land must be created by deed.
19	Section 97(1) PCL		The deed disposing of land must be signed or initialed by the person to be bound, sealing is not enough. See also Section 83(4) Evidence Act 2011.
20		Lawal v GB Ollivant	An illiterate is a person who is not versed in the language of the document.
21		Ezeigwe v Awudu	Jurat is compulsory notwithstanding that it is prepared by a Lawyer. But the Lawyer must frank it (Rule 10 RPC)
22		Ituama v Akpe Ime Edokpolor v Ohenhen	The absence of a jurat may vitiate a conveyance. Physical jurat may however dispensed with where there is evidence that the content was read over to the illiterate he made his mark.
23	Section 22 SDA		Stamp duties must be paid within 30 days of execution. Although the Court may order stamping outside the 30 days period, subject to payment of penalty.
24	Section 37 CAMA		Upon incorporation, a Company acquires all the powers and rights of an incorporation, including the power to hold and acquire property.
25	Section 166 CAMA		A Company may borrow money for the purpose of its business or objects and mortgage its undertakings, assets or uncalled capital as security.
26	Section 77(1) PCL
27	Section 77(2) PCL
28		Re Knight
29		Walsh v Longsdale
30	Section 98 PCL	First National Securities v Jones Carlen v University of Jos
31		Jegede v Citicon Awojugbagbe Light Industries Ltd v Chinukwe
32		Brossette v Ola
33		Goddard’s Case
34		Chime v Chime Ude v Nwara
35		Abina v Farhat
36		Chime v Chime Ezeigwe v Awudu	Implied revocation of a power of attorney occurs where a donor of a power of attorney exercises the same powers already donated thereby making it impossible for the donee to exercise the powers.
37		Adegbokan v Akinsanya	However implied revocation does not extend to donating the same powers to another person, as such second donation will be invalid.
38		Abina v Farhat Powell v London Provincial Bank	There is no special mode of creation of power of attorney but where by the power, the donee shall execute a deed then such
39		Abina v Farhat UBA v Registrar of Titles	Revocation by operation of law occurs where the donor of a power of attorney dies or suffers incapacity e.g. insanity, bankruptcy or other legal incapacity.
40	Section 8 & 9 CA Section 143(1) & 144 (1) PCL		Where a power of attorney is given for valuable consideration or expressed to be irrevocable for a period of time, such power cannot be revoked without the consent of the donee.  Even the death or incapacity of a donor cannot affect such power of attorney.
41		Labadebi v Odunala UBA v Registrar of Titles	Even the death or incapacity of a donor of a power of attorney cannot affect a power of attorney given for valuable consideration or expressed to be irrevocable for a period of time.
42		Erika v Ekpendu	A Power of Attorney over family property can only be valid where it is given by the family head and principal members of the family.
43	Section 5 & 6 RTL	Onishile v Idowu	All title to lands within  a registration district shall be registered compulsorily or voluntarily. Failure to register render the instrument void. Application for first registration must be done within 2 months of execution of the instrument.
44	Section 69 RTL		There are three types of register to wit: property register, proprietorship register and charge register.
45		Bucknor-Maclean & anor v Inlaks Owunmi v PZ Ltd	The Registrar is entitled to investigate the title and receive evidence.
46		Majekodunmi v Abina	The duty of the Registrar is however only confined to accept and act on legal evidence and not to decide the question as to ownership of title.
47	Section 8(4) RTL		The Registrar waits for 2 months for any objection to the application for first registration and where such objection is received, the person objecting must be given an opportunity to be heard.
48		Balogun v Salami	If no objection is received from an interested person and the Registrar proceeds to register the title, any further objection is foreclosed.
49	Section 48(3) PCL	Animashaun v Mumuni	The estate of the first registered owner is subject to any estate adverse to, or in derogation of the title subsisting at the time of the first registration. Thus the estate of the first registered owner is impeachable.
50	Section 53(2) RTL	Onagoruwa v Akinrenmi	But any person who subsequently purchases from the first registered owner bonafide and for value, acquires an indefeasible title, notwithstanding the infirmity in the vendor’s title.
51		Owunmi v PZ Ltd Shell BP v Jammal Nig Ltd	Forms are sacrosanct and the parties cannot modify the forms.
52		Bucknor-Maclean & anor v Inlak	Substantial compliance with the form suffices, and not necessarily 100% compliance although that carries the inherent risk of the possibility of being rejected by the Registrar.
53		Renner v Renner	Assent is a document that vests property of a deceased person in a beneficiary.
54		Williams v Bankole Menkiti v Agina	Assent is important because on the death of a Testator, his property first vets in his personal representatives, who then executes the Assent to vest the interest in the beneficiary.
55	Section 40 (11) Administration of Estate		Although an Assent is not usually under seal, where it is under seal, it is not a registrable instrument and no stamp duty is payable.
56	Section
57	Section
58	Section
59	Section
60	Section
61	Section
62	Section 262 CAMA	Yalaju Amaye v AREC Longe v First Bank of Nigeria Plc	Removal of Directors
63	Section 294 CAMA		Every Company shall have a Company Secretary
64	Section 295 CAMA
65	Section 296 CAMA		Appointment and Removal of Director by Board of Directors
66	Section 298 CAMA	Barnett Hoares Co Ltd v South London Tramways Co Panorama Guilford Corporation v Fidelis Furnishing Fabrics Ltd Okeowo v Migliore Whimpey v Balogun	Duties of Company Secretary
67
68	Section
69
70
71
72	Section
73
74	Section
75
76	Section
77
78
79	Section
80
81	Section 23 Police Act	Olusemo v COP Osahon v FRN	Power of prosecution of the Police
82	Section 59 CPA Section 143 CPC		Power of private persons to institute proceedings
83	Section 77 & 78 CPA Section 143 CPC		Mode of institution of proceedings
84		AG Federation v Clement Isong Okafor v State State v Akilu	Consent of the Judge is a condition precedent to filing an information in the High Court.
85		Abacha v State	An ordinary letter can suffice as a procedure for seeking consent to file an information.
86		Ikomi v State	Where proof of evidence discloses a prima facie case, consent will be granted and vice versa.
87	Section 2(1) CPA Section 375 ACJL	Edun v Inspector General of Police	Meaning of charge
88	Section 150 Section 200 Section 146 ACJL		Firms and contents of a charge
89	Section 151 & 152 (1) CPA	Okeke v IGP Ogbomor v State Osigwe v State	A charge must be clear and give an accused person adequate notice of the offence charged. (The Rule against ambiguity)
90	Section 156 CPA Section 212 CPC Section 152 ACJL	Okeke v Police	Every distinct offence committed shall have a separate charge and such charge shall be tried separately. (The Rule against duplicity.)
91	Section 156 CPA Section 212 CPC Section 152 ACJL		Every distinct offence committed shall have a separate charge sheet. (The Rule against misjoinder of offences.)
92		Haruna v The State	The test to determine in the course of the same transaction: proximity of time and place, continuity of action, community of purpose and design.
93	Section 155 CPA Section 221 CPC Section 151 ACJL	Okojie & ors v COP	Exceptions to the rule against misjoinder of offenders.
94	Section 166 CPA	Ogbomor v State Onakoya v FRN State v Gwonto	Effect of breach of rules of drafting charges
95	Section 162 & 163 CPA Section 207 & 208 CPC Section 154 & 155 ACJL	Uket v FRN Nigeria Airforce v Obiosa Okwechime v Police	Meaning and forms of amendment of charges.
96	Section 118 CPA Section 341 & 342 CPC		Bail by Court pending trial
97		Dantata v State Abacha v State Bamaiyi v State	Factors to consider in granting bail
98		Simidele v State Tanko v State	Procedure for application of bail
99	Section36 (6) (a) CFRN 1999	Maja v State	Right to be informed of offence charged
100		Odeh v FRN Nwachukwu v State Kareem v FRN	When an accused is charged with an offence, and a lesser offence is proved, he can be convicted of the lesser offence without need for an new charge.
101	Section 36 (4) CFRN 1999	R v University of Cambridge Garba v University of Maiduguri NBA v Akintonkun	Right to fair hearing within a reasonable time and in public
102	Section 36 (5) CFRN 1999		Right to presumption of innocence
103	Section 36 (6) (b)  CFRN 1999		Right to adequate time and facilities for defence
104	Section 36 (6) (c) CFRN 1999	Uzodinma v COP Awolowo v Minister of Internal Affairs	Right to Counsel
105	Section 36 (6) (d) CFRN 1999	Tulu v Bauchi NA Idrisu v State	Right to examine witnesses called by Prosecution
106	Section 36 (6) (e) CFRN 1999	Ajayi v Zaria Native Authority	Right to interpreter
107
108
109
110