LAW BOOK, CONVEYANCING TRANSACTIONS LAW, PRACTICE & PROCEDURE, VOL.1 (2019) Authors Prof Uche Jack-Osimiri AND Dr. Maureen O’Sullivan. CHIGAUNG LAW PUBLISHERS, Email chigaunglawpublishers@yahoo.co.uk +234 8033102629, 8033094975.

The above book is available for purchase at Universities of Lagos, Abuja Bookshops  and  various books-stands  in the country.  It has 1,063  pages.

It is not only for Law Students, Law Teachers, Practicing lawyers, Magistrates, Judges alone, but covers wider readership for the laymen/women.  Estate Surveyors, Valuers, Agents’ entitlements to payment of commissions, prohibition against top-ups in land sales prices. The Town Planners, Engineers, Architects who need assistance in the interpretation of complex Planning Laws highlighted as they relate to agricultural, residential, mixed or multi-purposes occupancy, commercial, industrial uses/lettings and compliance with Urban, Sub-urban and Rural housings and the controls imposed on them by property legislation. The Lay Testators/Testatrixes who need to know more about Wills, Probate Matters and Administration of intestate properties, statutory controls imposed on them as regards post-mortem or post-humours distribution of properties, are guided. Restrictions against alienation of cultural properties such as Igiobe/Obi are also highlighted. Disinherited family members who want to challenge Wills made by their progenitors via litigation or seek reasonable financial maintenance in the court from the estates of their deceased parents are guided. The Executors and Administrators of the estate of the deceased persons are guided in relation to their duties to dispose, alienate, conflict of interest, to account and fiduciary relationship imposed on them.  

The book comprehensively covers different aspects of Conveyancing Transactions Laws such as drafting, language tips, interpretation clause, capacity of the parties to enter into conveyancing contracts – infants, foreigners, lunatics, companies, social clubs, co-operative societies, town unions or development associations, partnership, trade unions and corporations. Surveyors, Valuers, Estate Agents and their duties in land sales agreements, absconding Solicitors/Estate Surveyors who act as stakeholders for deposits, part-payments received from intended purchasers and their liability and refunds of commissions for failure of consideration, membership of NIESV, professional ethics, Constitution, Rules of Professional Conducts.  Land Registry Practice and Investigation of titles to properties actual/constructive/deemed notices, unregistered lands and lines of inquiries, purchase of land in questionable circumstances and fraudulent conveyancing – caveats and cautions, its registration in Ministry of Lands and Housings, its removals by court on application by the parties. Practical Conveyancing practice and post-1978 specimen layout of instruments, attributes/components of deed signed, sealed and delivered in sale of land contract, assignment of Certificate of occupancy as head-lease, leases, mortgages, charge,  pledge, loan agreements, gifts and transfer of interests in land, the relationship of vendors/purchasers, recitals and 20 years old requirement, covenant for title by beneficial owners, parcel clause, use of survey plans for identification, testatum, attestation, blind, illiterate persons, specimen deed of conveyancing, Governor’s consentPowers of Attorneys – revocability, irrevocability and its utility in post-1978 as instrument for sales of properties, Wills and Codicils’, advantages, privileged, joint, mutual, contingent, conditional wills and their requirements for creation to ensure validity, incapacity – cultural properties which the testator cannot dispose by will, genuineness of a will – vitiating factors such as undue influence, coercion, drunkenness, delusion, mistake, fraud, insanity and medical evidence of psychiatrists/neurologists, revocation of will by subsequent Wills, ademption as abatement of properties alienated in the will, specimen of wills and codicils. Testators disinheriting family members – the 31 years old Act – has not been tested in litigation action whatsoever in any Nigeria court – S.2 Wills Law 1988 (Rivers State) and its replication in other Wills Laws of 36 States of Nigeria, had been dormant. Absence of litigation and case law on its interpretation which imposed mandatory duty on the dead testator/testatrix to make adequate financial provisions for his/her family members comprising spouse, children, parents, relatives’ – is exhaustively examined in the book utilizing comparative precedents from other countries of the world to anticipate how Nigerian would interpret our own identical dormant Wills Law.  6 months is the time-limit given to the applicants to apply to court, although extension of time may be granted only in deserving exceptional circumstances, financial independence rather than age-limit of the dependants is advocated as criterion for the court to award financial maintenanceSeparated spouses are not entitled to award, the size of estate would determine the quantum of reasonable financial maintenance. The paramount question is whether the testator fulfilled his moral obligation to his family – trained his children by giving them good education, established them in business, trade to enable them earn independent living? This is the Ireland’s model. Soured relationship between the testator and his children – misconduct that provoked parental anger/wickedness through disinheritance are appraised and children retaliatory actions in defence of their birth-rights as epitomized in Ireland appears to be the reasonable option for the court to adopt.  Cohabiting couples, live-in-lovers in Tanzania, Kenya, Uganda, Zambia, Jamaica, Barbados, Malaysia and their children procreated out-of-wedlock, acknowledged and unacknowledged, adopted and the reforms of the law in Nigeria as it ought to be. The Probate and Administration of Estates, issues of succession in landed properties to all children regardless of the circumstances of their birth are treated. Trustees, administrators, executors, grant of probates in common form, non-contentious and contentious probate, proof of Wills and the renunciations voluntarily or coerced, are examined in details. 

Caveat or cautions and probate litigations, Letters of Administration granted if Wills are not discovered, advantages and disadvantages, suitability of the candidates for appointment as administrators – children, spouse, brothers, cousins are eligible, neutral and other credible persons and trust corporations may be appointed – stabilizing factors to prevent waste and embezzlement of estate, the removal of executors/administrators on the proof of necessitating factors such as embezzlement, misappropriation, negligence and acts of proven misconduct. Town Planning Laws – procurement of certificates of occupancy, the legal issues, practice and procedures’ – the charting stages to discover encumbrances, encroachments on government lands and third-party rights, physical inspections of lands by Town Planning Authorities. Applications for change of user such as agricultural, residential, commercial, industrial and mixed-purpose users, disputes between applicants and TPA and its resolution by judicial processes, are touched.

Comparative dimension is projected in the book. Where Nigerian authorities are silent, inelegant or insufficient, it draws upon the principles distilled from cases and juristic perspectives in United Kingdom, Ireland, USA, Canada, Australia, New Zealand, Malaysia, Ghana, Zambia, Kenya, Tanzania, Uganda, Singapore, Sudan, Mauritius, Malawi, Zimbabwe, Namibia, West Indian States of Trinidad, Tobago, Jamaica, Barbados and Eastern Caribbean countries, to elucidate.

Lead-authors’ profileProf Uche Jack-Osimiri a former RVSG Scholar, obtained LLB at Ealing College (University of West London) (1980-83), LLM Queen Mary College (University of London) (1983-84), BL (Lagos) (1984-85), PhD (NUIG Ireland) (2009-2014). He was admitted to practice as a Solicitor in August 1985. A veteran law teacher for 34 years– he taught at old Imo State University Okigwe (now Abia State University) 1987-1998, former Head of Department of Private Law University of Ado-Ekiti (1998-2000), Foundation Dean Ebonyi State University Abakaliki (2000-2003), Visiting Prof of Taxation and Business Law, Joint Tax Board Inspectors’ of Taxes Training School Lokoja, Akwanga and Kaduna Study Centres (2001-2008), He has specialist research experience in property legislations, taxation, commercial law (Insurance, Shipping) and economic crime, Dean Faculty of Law, Rivers State University Port Harcourt (2003-2007), Adjunct Prof of Law, University of Uyo, Akwa-Ibom State (2007-2010). He is presently a Professor of Law at Rivers State University and an Adjunct at University of Calabar. He is a committed researcher with sterling record of performance – he has to his credit about 100 publications comprising books, chapters in books, conference papers, technical reports and articles in peer review journals in Nigeria, Britain, Australia, India, Zambia, Austria, New Zealand, West Indies, Germany, Ireland and USA. He is also a freelance journalist and contributed articles in newspapers for the resolution of controversies in Caribbean Times, Nigerian Guardian, Sunray, Law-Mirror, Tide, All-Africa, Pilot, Nigerian Lawyer, Surveillance and Nation Newspapers. He can be reached on jackosimiri@yahoo.co.uk, 08033090021. 

Profile of the 2ND Author/Research Partner – Maureen O’Sullivan obtained BA in English and Philosophy and BCL, both from University College Cork Ireland, LLM (University of Warwick), PhD (University of Edinburgh) and PGCHE (UWE Bristol). Prior to joining the School of Law at the National University of Ireland Galway, She taught at the Universities of Warwick and West of England, Bristol. She has specialist research experience in Property Law and is also the author of books, chapters in books and articles in refereed journals in Ireland, Britain, Nigeria, Canada and the US. She can be reached on email – maureen.osullivan@nuigalway.ie

LAW BOOK, CONVEYANCING TRANSACTIONS
LAW, PRACTICE & PROCEDURE, VOL.1 (2019)
Authors Prof Uche Jack-Osimiri
AND Dr. Maureen O’Sullivan.
CHIGAUNG LAW PUBLISHERS,
Email chigaunglawpublishers@yahoo.co.uk
 +234 8033102629, 8033094975

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