ANSWER QUESTION ONE AND ANY OTHER TWO QUESTIONS.
1.Mr.George
Makambo,a first born in a family of three sons and one daughter,bought a
piece of land in 1980 in Thika District,and had registered in his
name.Mr.Makambo was born and brought up in Molo where his father owned 2
acres of land.Upon the death of his father in 1981,Mr.Makambo moved to
his land in Thika together with his siblings and his widowed
mother.Mr.Makambo's younger brother married Susan Naliaka in 1981 but
his sister Christine Nabalayo remains unmarried and a single mother of
two boys.Mr.Makambo's two brothers died in a tragic road accident in
2008.His mother suffered a stroke and died the following year.
In
2010 Mr.Makambo decided to evict his sister and her children together
with his late brother's widow.The sister and the sister-in-law have gone
to court to challenge Mr.Makambo's attempt to evict them from the
land,claiming adverse possession.They are also seeking to have the land
registered in their names jointly together with Mr.Makambo.
After
the death of his father,Mr.Makambo took out the letter of
administration and registered his father's land in Molo in his name.His
sister and the sister-in-law have again moved to court to challenge the
move by Mr.Makambo to register the land in Molo into his name alone and
they were seeking to have a share of it.
Kindly advise the parties on their legal rights. (30 marks)
2.Explain in details the following securities that could be registered against land.
a)Mortgages and Charges (10 marks)
b)Leases (10 marks)
3.Write short notes on the following:
a)Easements (5 marks)
b)Compulsory acquisition (5 marks)
c)Concurrent proprietorship (5 marks)
d)Overriding interests (5 marks)
4.Identify and explain statutory legal regime governing land registration in Kenya.
(20 marks)
5.a)Identify and explain any five(5)classes of rights in property. (10 marks)
b)Discuss the Doctrine of Estates in Land. (10 marks)
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