LPR 2920 LPR 2930 LPU 2940 LPU 2951 LPU 2962 LPU 3911 LPR 3920 LPR 3930 LPR 3940 LPR 3952 LPU 3975 LPR 4165 LPR 4930 THE UNIVERSITY OF ZAMBIA. SCHOOL OF LAW 2018/2019 ACADEMIC YEAR DEFFERED ‘THE LAW OF CONTRACT THE LAW OF TORTS CRIMINAL LAW CONSTITUTIONAL LAW ADMINISTRATIVE LAW LAW OF EVIDENCE LAND LAW AND PROPERTY RELATIONS COMMERCIAL LAW FAMILY LAW AND SUCCESSION CIVIL AND CRIMINAL PROCEDURE HUMAN RIGHTS LAW INTELLECTUAL PROPERTY LAW BUSINESS AND CORPORATE LAW‘THE UNIVERSITY OF ZAMBIA. SCHOOL OF LAW ‘THE LAW OF CONTRACT - LPR 2920 DEFERRED AND SUPPLEMENTARY EXAMINATIONS — 2018/2019 ACADEMIC YEAR DATE: 3° FEBRUARY 2020 TIME: 09.00 - 12.00 HRS VENUE: LAW CLASSROOMS INSTRUCTIONS: 1, Answer Four (4) questions, one from each part. Question 1 is compulsory. 2. Time allowed: Three (3) hours plus five (5) minutes to read through the examination paper. 3. This examination carries a total of 60 marks for Deferred and 100 for Supplementary. 4. Candidates are not permitted to bring any statutes into the examination room. 5. Mobile phones, Tablets or any other form of computing or electronic instruments are not allowed in the examination room. 6. This subject is for candidates in the 2™ year of the LLB programme.PART A (COMPULSORY) Question 1 (2) On the 20" January 2020, AMBA 04, a prominent music band based in Lusaka, entered into a contract with Chingola Resort Hotel Limited. Under the terms of the contract, ‘AMBA 04 were required to stage a number of performances at Chingola Resort Hotel for a period of two (2) weeks commencing 1* February 2020. A total sum of K60, 000 was agreed for the performances out of which a deposit of K30,000 was paid on signing of the contract. On 30" January 2020, the President declared a State of Emergency covering Chingola District only. The State of Emergency was declared due to deteriorating security situation in Chingola District. All functions of entertainment nature were banned under the decree signed by the President. This morning, Mr. Anderson the Manager of AMBA 04 and Mr. Slate, the General Manager of Chingola Resort Hotel have called on you seeking legal advice on what has transpired. With the aid of relevant authorities, advise Mr. Anderson and Mr. Slate on their respective legal positions following what has transpired. [11 Marks} (b) With the aid of relevant authorities, discuss the parole evidence rule and the principal exceptions to the rule. (7 Marks} [Total 18 Marks] PART B Question 2 (a) Dunu borrows K5,000 from Pinto promising to repay the same within one (1) month. After two (2) months have passed without Dunu repaying the money, Pinto agrees with Dunu and tells him that if he pays K4,000 immediately, he would accept it as full and final satisfaction of Dunu’s debt. Dunu immediately raises the money and pays back K4,000. After the payment of the sum of K4,000, Pinto now is demanding for the balance of K1,000 from Dunu. Dunu has this morning called on you for legal advice on what has transpired. With the aid of relevant authorities, advise Dunu on his legal position. [8 Marks}(b) With the aid of relevant authorities, discuss the circumstances under which custom can be implied into a contract. [6 Marks} [Total 14 Marks] Question 3 (a) Zambia international Trade Fair Show Society enters into a contract with Wang Che Contractors Limited under which Wang Che Contractors Limited agrees to do some renovations and paintings to the show stands in readiness for the Trade Fair scheduled for mid-January 2020. The contract price is K100,000 and Wang Che Contractors Limited agrees to complete the works by 1* January, 2020. On 30% December 2019, Wang Che Contractors Limited approaches the Zambia International Trade Fair Show Society and tells them that they will be unable to complete the works on time due to shortage of workmen. Fearing the financial consequences of non completion of the works, the Zambia International Trade Fair Show Society promises to pay Wang Che Contractors Limited an additional K20,000 to enable them hire additional workmen. The works are completed on the scheduled time and Zambia International Trade Fair Show Society are now refusing to pay the additional K20,000 as promised. This morning Mr. Wang Che, the General Manager of Wang Che Contractors Limited has called on you for legal advice on what has transpired. With the aid of relevant authorities, advise Mr. Wang Che on his company’s legal position. [8 Marks} (b) Discuss the decision in Parker v South East Railway Co. (1986 ~ 1987) LR. CPD. 416. [6 Marks] [Total 14 Marks]PARTC Question 4 It is quite possible and common for parties to a contract to agree between themselves the amount of damages that will be awarded in the event of breach of contract. Damages that are agreed between the parties are referred to as liquidated damages. The courts draw a distinction between liquidated damages clauses and penalty clauses. With the aid of relevant authorities, discuss the principles that the courts have developed to distinguish a liquidated damage clause from a penalty clause. Question 5 [14 Marks] With the aid of relevant authorities, discuss the distinction between warranties and conditions. PART D Question 6 Write short notes on the following: (a) Economic duress (b) Plea of non est factum (c) Contra Proferntum Rule (d) Anticipatory breach Question 7 Compare and contrast; (a) An offer from an invitation to treat (b) A void contract from a voidable contract {c) Common mistake from mutual mistake END OF EXAMINATION [14 Marks] (4 marks) (3 marks) (4 marks) (3 marks) [Total 14 Marks} (4 marks) (4 marks) (5 marks) [Total 14 Marks]THE UNIVERSITY OF ZAMBIA SCHOOL OF LAW 2018/2019 ACADEMIC YEAR LAW OF TORTS - LPR 2930 DEFERRED AND SUPPLEMENTARY EXAMINATIONS TUESDAY 4" FEBRUARY, 2020 TIME: 14 00 HOURS ~ 17 00 HOURS VENUE: | LAW CLASSROOMS INSTRUCTIONS: 1, Answer Four (4) questions, one from each part. Question 1 is compulsory. 2, Time allowed: Three (3) hours plus five (5) minutes to read through the examination. 3. This examination carries a total of 60 marks for Deferred and 100 marks for Supplementary. 4, Mobile telephones, tablets or any other form of computing or electronic instruments are not allowed into the examination room. 5. Candidates are not permitted to bring any statutes into the examination room. 6. This subject is for Candidates in the 2" Year of the LL.B Programme.PART A (COMPULSORY) Question 1 Big Joe is a large- scale farmer near Chisamba, in the Lusaka Province of Zambia. He owns several thousands of hectares of land where he grows tomatoes, flowers and maize. He also rears several herds of cattle, In order to support his farming activities, Big Joe has built three (3) large dams on his farm. The largest dam is located on a slope, supported by a soil mound on one side. Over the years, the soil mound has been leaking and letting out water down the slope. Big Joe has been made aware of this leakage by his hard- working Farm Manager, Bernadette, but he has continually ignored advice to have the soil mound repaired. A few days ago, the soil mound finally gave way and huge volumes of water flowed have down the slope, flooding the entire neighbouring village. Several homes and property are damaged, but fortunately, no one was injured. Banda, Hamusankwa, Musonda and Kikwema are among the 255 villagers whose homes, property and livelihoods are completely destroyed by the flood. The four villagers have now approached you with detailed information on the nature of destruction suffered by all the 255 villagers, who seek your legal advice. Using relevant legal authorities, write a legal opinion advising the villagers on the possible causes of action revealed by the given facts, clearly explaining which of them has a real likelihood of success. (18 Marks) PART B Question 2 Using relevant legal authorities, write short explanatory notes on the following: (a) Volenti non fit injuria (7 Marks) (b) Unforseeable act of a stranger/third party (7 Marks) (Total 14 Marks) Question 3 Using relevant legal authorities, write short explanatory notes on each of the following: (a) Injunctions in the law of torts (S Marks) (b) Economic torts (5 Marks) (©) Res ipsa loquitur (4 Marks) (Total 14 Marks)PART C Question 4 Goalie is a professional football player for Chimp Warriors based in Lusaka. Recently, Chimp ‘Warriors were involved in a prestigious competition against a lower league rival. However, to the amazement of football fans in Lusaka, Chimp Warriors lost 6-0, thanks to Goalie missing one penalty. In the following day's edition of the Daily Snail newspaper, Bamoze, the chief sports correspondent, wrote the following in his opinion column: Goalie put in the sort of performance only expected of novices in football. It is about time the club released this miserable time waster. It is obvious Goalie cannot perform again at this level and he cannot even be bothered to create a false impression that he can. He is a let down to the fans. Go hung your boots loser! Goalie has dragged Bamoze and the Daily Snail newspaper to court. Bamoze is immensely troubled by the court action and the Chimp Warriors fans across Lusaka who have tumed against him. Bamoze now seeks your advice Using relevant legal authorities, write a well- reasoned legal opinion advising Bamoze on what action, if any, he may take in the circumstances and whether he will be able to succeed, (14 Marks) Question 5 Mwansa recently purchased a large, dilapidated council house as her retirement home. She engaged Frank, a builder and decorator, to carry out some of the refurbishment work required and placed a huge prominent sign on the front door, which stated: “WARNING — construction work in progress.” One day, while Mwansa was at work, Frank’s wife, Georgina, visited Frank during lunch break. It had been raining, and Mwansa had yet to purchase a doormat for the front door. Georgina slipped on the wet floor tiles in Mwansa’s passage and fractured her wrist. Georgina’s mobile phone was also badly damaged. Using relevant legal authorities, write a legal opinion advising Mwansa on her potential liability under these facts. (14 Marks) PART D Question 6 Using relevant legal authorities, discuss the elements necessary for establishing the following: (a) Statutory authority; ( Marks)(b) Contributory negligence; ( Marks) (©) Justification. (4 Marks) (Total 14 Marks) Question 7 Read the quotation below and answer the question that follows: “The most commonly sought remedy in tort is the award of damages. The other remedy which frequently arises in tort is that of the injunction.” Per: E. Peel and J. Goudkamp, Winfield and Jolowicz on Tort, 19th Edition, Sweet and Maxwell, London, 2016 at 216. With the aid of relevant Zambian legal authorities, critically analyse the quotation above and clearly outline the major difference between the two different types of remedies that have been identified. (14 Marks) END OF EXAMINATIONTHE UNIVERSITY OF ZAMBIA. SCHOOL OF LAW CRIMINAL LAW, LPU 2940 SUPPLEMENTARY EXAMINATION 5 FEBRUARY 2020 TIME: 09.00 ~ 12.00 hrs. VENUE: LAW CLASSROOMS INSTRUCTIONS: 1. Answer Four (4) questions, one from each part. Question 1 is compulsory. Time allowed: Three (3) hours plus five (5) minutes to read through the examination This examination carries a total of 100 marks. Mobile telephones, tablets or any other form of computing or electronic instruments are not allowed into the examination room. Candidates are permitted to bring the following statutes into the examination room: (i) The Penal Code, chapter 87 of the laws of Zambia; a ‘This subject is for Candidates in the 2" Year of LL.B Programme.PART A (COMPULSORY) QUESTION 1 Jane, Judy and Boyd have just been convicted for the offence of manslaughter. They jointly and whilst acting together on unknown dates but between the 12 and 14! June, 2013 administered a lethal injection on their grandfather’s arm after tricking him into believing that he would be healed of his persistent and recurring cough. Jane, in her mitigation informed the court that she had ulcers and as a result she had a special diet which she was sure could not be availed to her in prison. Jane ‘was 15 years old when the offence was committed, Judy was 18 years while Boyd was 22 years. Judy and Boyd in their mitigation persuaded the court that their act was founded on their firm belief that the deceased was a witch, and was responsible for the death of their cousin sometime in early 2013. The High Court Judge has since sentenced the trio to 7 years imprisonment, which was suspended for 5 years. The case has now come on appeal before the Court of Appeal. With the aid of relevant authorities, advise the prosecution whether the conviction and the sentence of the trio would stand. TOTAL [18 Marks] PARTB Question 2 On 25% May 2018, Chambeshi was on 25" of May, 2018 convicted and sentenced to death by the Lusaka High Court for the offence of Murder. Facts before the Court were that the accused was engaged in an argument with his ex-girlfriend, which escalated into a physical fight. It was alleged that during the altercation, the accused picked up a brick and smashed the deceased's head causing her to bleed profusely. Compounded by the lack of quick medical attention, she unfortunately bled to death. Chambeshi informed the Court that he had for a long time been a victim of the deceased’s abusive words. He narrated to the court that on the material day, the deceased called him ‘a good for nothing man.” 2Based on the evidence adduced by the prosecution, the trial judge expressed satisfaction that the accused had a case to answer and was accordingly put on his defence. This was despite the defence's submission to the effect that the accused had no case to answer owing to the incongruities in the evidence led before the court by the prosecution. Excited about the ruling of the court, the prosecution submitted: My Lord, since the evidence led by the prosecution before this Honourable Court remains impeccable, we urge this Honourable Court to convict the accused person of the offence charged without any need for further evidence. My Lord, we are of the firm view that such an approach does not only prevent the waste of the court’s precious time, but also ensures that j dispensed expeditiously. ‘The court accepted the submission from the prosecution and convicted the accused accordingly relying on the relevant legal issues: (a) Discuss the likelihood of success by the defence on appeal. [10 Marks} (b) What is the difference between burden of proof and evidential burden? [4 Marks] TOTAL [14 Marks. Question 3 Bwacha, is the founder and Chief Executive Officer of a Non-Governmental Organisation whose mission it is to transform the criminal justice system in Zambia, Last week he held a pres conference calling for urgent reforms in the criminal justice system. He stated among other things, that “as desirable as it may be to punish an offender, punishment must have a goal.” ‘After the press conference, he learnt that you are a law student at the Univer ry of Zambia and you were in attendance at the press conference. Bwacha has now approached you seeking further details about the punishment in criminal law. With the aid of relevant authorities, discuss the theoretical justification for the imposition of punishment in the Zambian criminal justice system [14 Marks}PART C Question 4 Jordan was convicted with the offence of treason on 5 May, 2018, by the Ndola High Court. Facts before the Court were that Jordan neglected to inform the police that there was a planned creation of an independent State within Zambia by a group of people calling themselves ‘liberators for cowards.’ Jordan, in his testimony before the court stated, “My Lord, it is true that | knew about this plan, However, | knew that it would not succeed, hence my decision not to report the matter to the poli After conviction, the High Court ordered that Jordan be detained at the President's Pleasure since he appeared to be mentally afflicted thereby making him incapable of appreciating the court proceedings. With the aid of relevant legal authorities, write a legal opinion advising Jordan on the prospect of him being acquitted if he appealed his conviction [14 Marks} QUESTION 5 Justine is charged with the offence of theft and defilement and has been appearing before the Subordinate Court in Ndola District. Facts before the court were that Justine took K2000 belonging to Mrs Banda without her permission. Mrs Banda is a marketer at Nakapoli Market. The court heard that he used the K2000 to buy foodstuffs during his 11" birthday celebration which fell the Sof September, 2018. In the second count, it is alleged that Justine had sexual intercourse with Mwaka, a girl aged 15 years. Justine informed the court that Mwaka was his girlfriend who had also consented to the sexual intercourse.You are on attachment with the Subordinate Court and you have been requested by the Magistrate handling the matter to give an opinion on whether the state can secure a conviction on the two counts Justine is charged with. With the aid of relevant authorities, draft a legal opinion advising the Magistrate on whether the Prosecution can succeed in this case. [14 Marks} PARTD Question 6 Write short notes on the following: (a) Factual causation as distinguished from legal causation ; [5 Marks | (b) Applicability of the defence of duress in Zambia; and [4 Marks} (©) Mistake of law and mistake of fact. [5 Marks} Total [14 Marks] Question 7 {a) With the aid of decided cases, discuss how the courts have dealt with the notion of retreat as it relates to the defence of self-defence. (7 Marks} (b) Discuss the distinction between the standard of proof in criminal and civil matters. {7 Marks} Total (14 Marks] END OF THE EXAMINATIONTHE UNIVERSITY OF ZAMBIA SCHOOL OF LAW CONSTITUTIONAL LAW - LPU 2951 DEFERRED AND SUPPLEMENTARY EXAMINATION 5™ FEBRUARY, 2020 TIME: 1400HRS VENUE: LAW CLASSROOMS INSTRUCTIONS: one ~ Answer Four €) questions, one from each part. Question 1 is compulsory. Time allowed: ‘hree (3) hours plus five (5) minutes to read through the examination, + This examinatia carries a total of 60 marks for Deferred and 100 marks for Supplementary, Mobile telephonestablets or any other form of computing or electronic instruments are not allowed into th examination room, Candidates are peritted to bring the following statutes into the examination room: @ The Constition of Zambia 1991 (including all subsequent amendments). (i) The Electoral rocess Act 2016; ‘This subject is for Csvjidates in the 2™ Year of LL.B Programme.PARTA QUESTION 1 (Compulsory) Shomo Mokomoko (SM), a 30-year-old lady, ess conference at which she Openly stated that she was s a 8 anti-homosexuality social horms in Zambia kept her from di had reached saturation Ae he SOuld no longer blindly follow will follow her heatt’s desire, At the same press conference, known as Zibazako Love Unlimited (ZLU) which would mosexual individuals and stated that the main agenda for the on Campaign for the decriminalization of Same-sex consensual relations A Week later, SM approached th eu’ 8 the Ministry of Home Affairs to eeister ZLU. Her application found that the objects of her organization Having reached a dead end, $M decided t0 taun with students in tertiary dan ns: believing that they could be open mit inel for further national dialogue about homosexuality During one such e: tudents, her meeting was raided by police who arrested and detained her fo detention, she was not allowed to consult a lawyer nor was she taken to ¢ ion, a male officer once Came into her cell in the night and fore ling her that he was going The day SM was released from detention, s as “Digging Dirty Newspaper” carried an opinion article urging evel ce measures to fight homosexuality and save the Country from the evils -wspaper published Mad ot all Prominent people it considered to sted their physical addresses and phone numbers and urged every le and urge them to desist from homosexuality practices SM’s nai | The newspaper promised {0 reveal more about the secret lives of the Having gone through all these experiences, es you for legal advice. She would like to know if any of her rights were violat vurse, if any, she has at law U8 Marks}P. ART B QUESTION 2 Q Speaker is lawful or not Advise JJ, citing relevant authori ®) What are the main principles a good lectoral system ought to have? [3marks } b) To what extend does the Zambian electoral system reflect those Principles?[4marks] ©) Shortie Zayelo (SZ) runs a Non-Governmental Organisation (NGO) that promotes rule of law and good governance in Zambia, She has heard that the Ministry of Justice has ‘order to strengthen the independence of the Judiciary in Zambia, Not being a lawyer, SZ approaches you to research and draft well-reasoned submission she should Consider submitting to Ministry of Justice in order to strengthen the independence of the judiciary. Draft the opinion you would submit to SZ for her consideration, [7marks} [14 marks} UESTION 3 [14 marks]Citing relevant authorities, critically analyze this assertion in relation to approaches to Constitutional interpretation,PART D QUESTION 6 8) Anicle 8 of the Constitution of Zambia lists national values, Are those values usticiable? [4marks} b) What are the major short-comings of the current Zambian Bill of Rights (Part III of the Constitution) from a gender equality perspective? [10 marks} [14 marks] QUESTION 7 Write stort notes on: a) Tule of law (7 marks} 5) Gllective responsibility and individual accountability of ministers [7 marks] [14 marks] END OF EXAM9 THE UNIVERSITY OF ZAMBIA SCHOOL OF LAW ADMINISTRATIVE LAW - LPU 2962 2018/2019 DEFERRED/SUPPLEMENTARY EXAMINATIONS DATE: WEDNESDAY 5™ FEBRUAR, 2020 TIME: 14 00 - 17 00 HOURS VENUE: LAW CLASSROOMS INSTRUCTIONS: 1. Answer Four (4) questions, one from each Part. Question 1 is compulsory. 2. Time Allowed: Three (3) hours plus five (5) minutes to read through the exami paper. 3. This examination paper carries a total of 60 marks for deferred and 100 marks for supplementary. 4, Mobile telephones, tablets or any other form of computing or electronic instruments are not allowed into the examination room. 5. Candidates are permitted to bring into the examination room the Constitution of Zambia, 1991 (and all its subsequent amendments) and the Lands Tribunal Act, 2010. 6. This subject is for candidates in the 2" year of the LLB programme.PARTA Question 1 (compulsory) Moze is a trader at Soweto market in Lusaka, He has been trading there since 1991, selling tomatoes, bananas and packaging sacks. One day in 2016, he found one of his stalls containing packaging sacks burned down to ashes. He brought the matter to the attention of the Chairman of the market. No one was found responsible for burning the market stalls down, but some of Moze’s friends told him that political party cadres from the ruling Banana Republican Party (BRP) were ut to rid the market of anyone they thought was not their supporter. Towards the run up to the last general elections, Soweto market was the centre of political acti and Moze attended a meeting for the Down and Up Party (DUP) and later another one for United Party (UP). Some BRP cadres complained that Moze was a risk to the market. Later in the year, a meeting to renew trading licences was held and Moze’s trading licence was not renewed. Upon inquiry, Moze was told that his licence was not renewed because he was unpopular in the market since he belonged to an opposition political party. Moze has heard that you are an expert in administrative law. He brings this complaint to you seeking help. With the help of relevant legal authorities, advise Moze whether any remedies in administrative law are available to him, clearly outlining his prospects of success. (18 Marks) PARTB Question 2 Bohne et. al argue that the level of development of administrative law in a country depends on the nature and extent of public administration in the particular state, At the adoption of the welfare state, governments became actively involved in providing social services to the people leading to the enactment of several pieces of legislation to enhance the welfare of individuals. As a result, the state assumed several responsibilities to ensure the success of the welfare state E. Bohne et al (2014) Public Administration and the Modern State - Assessing Trends and Impact, Palgrave MacMillan, Basingstoke, 205- 210With the help of relevant legal authorities in each case, discuss at least five functions that the modem state has assumed in present day Zambia, showing how such functions relate to administrative law or have led to the development of administrative law. (14 Marks) Question 3 It is generally agreed that “delegated legislation is the major source of administrative law.” Hermann Punder (2009) ‘Democratic Legitimation of Delegated Legislation: A Comparative View on the American, British and German Law,’ International and Comparative Law Quarterly, Vol. 58, 353-378. With reference to the quotation above, discuss, with the aid of relevant legal authorities, the advantages and disadvantages of delegated legislation in Zambia. (14 Marks) PART C Question 4 a) With the aid of relevant legal authorities, discuss whether the Lands Tribunal is a court of substantial justice following its enhanced jurisdiction under the Lands Tribunal Act No. 39 of 2010. (8 Marks) b) Discuss any two (2) advantages OR disadvantages of administrative adjudication. (6 Marks) (Total: 14 Marks) Question 5 In 2015, the government decided to upgrade some local clinics to first level hospitals to help decongest the University Teaching Hospital (UTH). Jobo is a resident of Chawama compound in Lusaka, where he has lived there since 1947. Chawama clinic which is next to Jobo's house is one of the clinics that has been upgraded. Following the upgrading of Chawama clinic, Jobo has been of smoke from the incinerator at the hospital causing him to suffer greatly. All sorts of debris from the hospital waste finds itself in Jobo's yard, Several meetings following hiscomplaints have been held but no tangible help has been forthcoming. Jobo approaches you seeking advice on whether he take any legal action to protect his interests. With reference to relevant legal authorities, advise Jobo on the remedies available to him in Administrative Law arising from the given facts. (14 Marks) PART D Question 6 Identify and discuss three ways in which Parliament controls administrative action. (14 Marks) Question 7 In R v Sussex Justices ex parte McCarthy [1924] IKB 256 at 259, Lord Hewart stated that “it is of fundamental importance that justice should not only be done but should manifestly and undoubtedly be seen to be done.” With the help of relevant legal authorities, discuss the rules of natural justice. (14 Marks) END OF EXAMINATIONTHE UNIVERSITY OF ZAMBIA SCHOOL OF LAW LAW OF EVIDENCE, LPU 3911 DEFERRED/SUPPLEMENTARY EXAMINATION 2018/2019 ACADEMIC YEAR EXAMINATIONS DATE: $™ FEBRUARY 2020 TIME: 14:00 -17:00 VENUE: LAW CLASSROOMS INSTRUCTIONS: 1, Answer a total of four questions, one from each part. Part A (Question One) is compulsory. 2. Time allowed: Three (3) Hours plus five (5) minutes to read through the paper. 3. This examination carries a total of 60 marks for deferred and 100 marks for supplementary 4, Candidates are permitted to bring the following statutes in the examination room (Penal Code, Chapter 87 of the Laws of Zambia (i) Criminal Procedure Code, Chapter 88 of the Laws of Zambia 5. Mobile phones, tablets and other electronic gadgets are not allowed in the examination room 6. This examination is for candidates in their 3" year of LLB programmePART A (COMPULSORY) QUESTION 1 Kalunga Malole was charged and convicted of the offence of rape by the Kabwe Magistrate Court ‘The facts before the court were that the accused had had, on dates unknown, but between 14% and 20" of November 2019, sexual intercourse with Belita Musole without her consent. During the proceedings, the arresting officer, Mr Mweemba, testified that he effected the arrest of the accused after a complaint was made by the victim, He informed the court that although it appeared that the victim reported the matter a day or two later after the unlawful act by the accused, the still looked terrified and was still in the torn clothes she wore at the time of the ordeal. Another witness called by the prosecution, a Mrs Kalunga, the wife to the accused testified “Your Honour, I can certainly inform this Honourable Court that my husband on the days between 19 to 30" of November begun to come home very late. He looked withdrawn and irritable, Whenever 1 asked what was wrong with him, he would panic as though he was under interrogation. Your Honour, it became clear that he was horrified by something but | could not place a finger on it”. ‘The evidence of Mrs Kalunga was given after the court had dismissed an application by the defence on whether Mrs Kalunga could give evidence on the case of this nature. A close friend to the victim by the name of Grace Chato was the last witness the prosecution called. She had earlier made a statement at the police when the victim made the complaint to the effect that the victim and the accused had known each other for a while and were even getting closer than before, In her statement, she mentioned that the two had arranged for a ‘night out’ at some lodge within the town of Kabwe. However, in her oral testimony before the court, she informed the court that she did not know anything about the victim and the accused, although, she admitted being a friend with the victim and having known the accused. Asked about the alleged ‘night out” between the accused and the victim “What night out? Please do not put words into my mouth! What I have told you is all 1 know.” Grace responded, looking visibly irritated by the question. The court discounted Grace's oral evidence and, instead, relied on the statement she made before the police. On committal for sentencing, the High Court sentenced the accused to 25 years imprisonment with hard labour. The accused seeks to appeal against the conviction.With the aid of relevant authorities, advise the accused on his chances of success on appeal. (18 Marks) PART B QUESTION 2 ‘Trywell Phiri was arrested by the Neighbourhood Watch on allegation of livestock theft in Kaluya Village of Chinsali District. The neighbourhood Watch group is an initiative of Senior Chief Nkula, endorsed by the Police Command in Chinsali. The neighbourhood’s mandate is essentially to keep law and order by conducting patrols and effecting arrests on alleged law breakers. Upon being arrested, Trywell Phiri told the Neighbourhood Watch that he was involved in thefts because he wanted to raise money for medical bills for his sick wife. The prosecution sought to produce the statement the accused gave to the Neighnourhood Watch before court. However, the defence objected to the admissibility of the statement. The court has since adjourned in order to consider the application. You are the Research Assistant to the Magistrate and he has asked to write a legal opinion on what the right ruling would in this case. With aid of relevant authorities, proceed to write a well-reasoned legal opinion for the Magistrate. (14 Marks) QUESTION 3 Jubilee Mwangi witnessed a horrifying fight between Jethro and Justin on the 20" of December 2019, During the fight Jubilee saw Jethro stub Justin in the chest with a flick knife. Reacting to this savage attack, Jubilee shouted, “oh no you have killed your friend with that stab” Justin was admitted in hospital for three weeks before he succumbed to death. Jethro was arrested and charged with the offence of murder. At the beginning of the prosecution’s case, Jan Banda was called to the stand by the prosecution to testify on the events leading to the death of the deceased. In cross examination, Jan told the court that he heard his friend, Jubilee, shout “oh no you have killed your friend with that stub” when he was about 20 metres away from the scene of the event. He informedthe court that upon hearing this statement, he rushed to the scene and found Justin bleeding profusely. ible. The defence objected to this evidence, and the court ruled that that the statement was in adi With the aid of relevant authorities, advise prosecuting counsel whether the court was on firm ground on this ruling that the evidence was admissible. (14 Marks) PART C QUESTION 4 Haggai Sagali was charged and convicted with the offence of forgery. The facts before the court were that Sagali an employee of National Breweries Limited, forged the signature of his immediate boss, by signing on a cheque which was dishonored. The handwriting expert was called before the court and testified in the following terms, “Your Honour, | conducted the examination of the handwriting of the accused and the one on the alleged forged cheque. Through this examination, | can confirm that the handwriting of the accused is exactly the same handwriting on the forged cheque”. In cross examination, the expert was asked about the details of the examination and tools employed that informed his decision to be availed before the court. The expert responded that he was an expert with 20 years of prac handwriting examination and that his testimony was enough in aiding the court make a decision. (On the basis of the evidence from the expert, the accused was convicted. The accused seeks to appeal against the conviction as he argues that it was not his handwriting on the alleged forged cheque. With aid of relevant authorities, advise the accused whether he would succeed on appeal (14 Marks) QUESTION 5 Jonas Nswana supplied Tomato Processing Company Limited with tomatoes under an oral contract for a period of over 5 years, One of the terms of the contract was that payments were to be made 4two days after the delivery of a given requested consignment. The two parties had been business partners for a long period and had established rooted business relations. On January, 2" 2020, the two decided to regularise their dealings by reducing their oral agreement into writing. The parties decided to include the essential terms of the contract, leaving out some other details they regarded as secondary. A consignment of 500 kilograms of tomatoes was delivered on the 4" January 2020. Two days after the delivery of the consignment, Jonas reminded the company that the payment was due. The company responded in a letter dated 7 January 2020. The letter read in part “....Sir, you may wish to know that our relationship is now governed by a written document. Therefore, as. you make your demands, you must care to look at the contract we signed. Needless to mention, the contract has no provision on the terms of payment. With aid of relevant authorities, advise Nswana on whether his evidence as to the payment terms would be admissible in court. (14 Marks) PART D QUESTION 6 Write brief notes on the following: a. Dying declarations (6 Marks) b. Real evidence (4 Marks) c. Refractory witness (4 Marks) (14 Marks) QUESTION 7 With the aid of authorities, discuss the distinction between the burden of adducing evidence and the legal burden. (14 Marks) END OF EXAMINATIONTHE UNIVERSITY OF ZAMBIA SCHOOL OF LAW DEFERRED EXAMINATIONS PAPER LAND LAW AND PROPERTY RELATIONS - LPR 3920 TUESDAY 4"™ March 2020 ‘TIME: 09:00 HOURS VENUE: LAW CLASSROOM INSTRUCTIONS: Answer Four (4) questions, one from each part. Question | is compulsory Time allowed: Three (3) hours plus five (5) minutes to read through the examination paper. This examination carries a total of 60 marks. Mobile telephones, tablets or any form of computing or electronic instruments are not allowed into the examination room Candidates are permitted to bring the following statutes into the examination room: (i) Lands Act Chapter 184 of the Laws of Zambia (ii) Lands and Deeds Registry Act Chapter 185 of the Laws of Zambia This subject is for candidates in 3° Year of the LLB programme. Candidates must not turn this page until the invigilator tells them to do so.PART A Question 1 (Compulsory) The following is an extract from an agreement between the Landlord and the Tenant, AGREEMENT - ‘THIS LICENCE AGREEMENT is made the 1* day of September 2019. BETWEEN: Mine Secondary School (the owner) and Louvre Gay of 24 Simpson Road, Ndola (the Licensee). NOW IT IS AGREED AS FOLLOWS: 4 1. This licence does not entitle the Licensee to any tenancy or any statutory security of tenure now or upon the termination of this Licence. 2. The Owner permits the Licensee in common with the Owner and any other person or persons with the Owner's permission, to occupy Flat no. Nkanka, (the Property) for a period of | year commencing on the 1* September 2019. 3. The Licensee will pay the Owner a fee of K2000.00 per month, payable in advance, the first payment to be made on the date of this agreement. 4. The Owner to retain a set of keys to the Property and the Licensee is not permitted to change the locks. 5. The Licensee agrees to only use the Property for residential purposes. | 6. The Licensee agrees to keep the Property clean and tidy and not to do anything that could cause a nuisance or annoyance. igned by both parties. Mine Secondary School has a common leaschold title over flat No. | Nkanka. For the past three years the flat had been occupied by one of the teachers. In 2018 without the knowledge of the Mine Secondary School, the teacher decided to sublet the flat to her friend for a period of 3 months receiving a rent of K3000.00 per month. After occupying the flat for six (6) month the friend left The flat remained vacant for a period of three (3) months. In September 2019 the teacher was able to find a Masters student, Louvre Gay who was interested in renting the flat. Louvre Gay is made to sign the above agreement but she is not sure why itis called a licence. Using relevant legal authorities, write a legal opinion in which you advise Louvre Gay on whether the agreement she has signed is a licence, lease or tenancy. You should also clearly explain what Louvre Gay's position will be in case of termination of the agreement. [Total: 18 marks}PART B Question 2 Toy and her partner Muppet purchased a house together, intending to share ownership. The: agreed that the legal title to the house should be registered in Toy’s name alone, so that the other party, Muppet, would be able to make fraudulent social security claims. These claims would be a good source of income for both parties. The house that they purchased was used for both residential business purposes. ‘The business was providing rooms for lodgers, and provided the bulk of their joint income. After some years the relationship between the two parties broke down and Toy moved out of the house. At about the same time, Muppet explained her position about her social security claims and ‘made her peace’ with the Department for Social Security and normalised her claims as legal benefits. Toy feels that he is the owner of the house and wants to secure possession of the property. Toy sought an order for possession from the court ming sole ownership of the property. Muppet counterclaimed arguing that the house should be sold and that she was entitled to a share in the proceeds. With the aid of relevant authorities, advise Toy on how to respond to Muppet’s counterclaim. [Total: 14 marks} Question 3 Tutoo and Jojo were married in 2010 and bought their first matrimonial home 2015. Since they had no savings of their own there was no option for them but to borrow the money. Jojo decided to enter into a mortgage deed with Africa Bank Ple for the sum of K10 Million. He explained to ‘Tutoo that it would be better for him to own the house rather than own it jointly names since they were taking a business risk. Tutoo loved and trusted her husband and agreed with his suggestion. When the couple were expecting their second child in 2017, they decided to purchase a bigger second home for the growing family. When Jojo approached the Africa Bank Ple for a further mortgage, the Bank advised that both the properties as well as the mortgage deeds should be put into the joint names of the husband and wife. Jojo was not comfortable with the advice given by Africa Bank Ple since he had met his new girlfriend, Floria. He therefore di ided to deposit thecertificate of title which was issued in his name for the second mortgage with Africa Bank Ple without signing the mortgage deed, Tutoo, in the meantime gave birth and was preoccupied with two small children and forgot about shifting into the bigger home. In the meantime Floria moved into the cottage at the back of the bigger house and rented out the main house collecting a sum of K15, 000 as monthly rentals. [n 2019, Tutoo asked her husband Jojo, when they would shift to the bigger house and his response was ‘very soon’. On 1 January 2020, while Jojo was out of the country an agent from Africa Bank Ple, arrived with a court order asking Tutoo and the children to give up possession of the house to Africa Bank Plc due to arrears in the repayment of the mortgage. Tutoo has approached you as her legal advisor, seeking guidance and explanations on mortgages, Using relevant legal authorities write a legal opinion for Toto in which you explain mortgages, rights of both mortgagees and mortgagors as well as remedies available. You must also advise her whether she can get the house back. [Total: 14 marks] PART C Question 4 Mopia and Faka were married on 1* January 2018. To celebrate their second marriage anniversary they purchased a 10 acre parcel of land in Lusaka West. The vendor of the land Handsome gave Faka a copy of the Certificate of Tile as soon as he had received the full purchase price of K10 Million from Faka. Initially, Faka had not been able to raise the amount and had requested his Father in Law Kaputa and his wife Mopia to contribute K2.5 Million each from their joint business venture. Faka promised to pay back the amount as soon as Bank New would approve the loan he had applied for. Faka’s, Father in Law had hesitated to give the money to Faka but Mopia persuaded her father to give Faka the money by stating that the property would be registered in the joint names of the husband and wife. It was for this reason that Kaputa had agreed to give the money to Faka. Once the property transaction was completed Faka rushed to the Lands and Deeds Registry and registered the property in his own name without the knowledge and the consent of his wife, who would have protested angi if she had been aware. To avoid showing the Certificate of title to 4his wife, Faka told Mopia that the Certificate of Title was being kept by Bank New due to the mortgage. Faka failed to return the money he had borrowed from his Father in Law and Mopia. In the meantime Mopia was able to raise money from the profits of the business to construct a semi-detached house on the plot. The house was finished with very expensive fittings and fixtures among which her favourites were: (i) Stand-alone rose wood wardrobes (ii) Gold plated door frames (iii) Digital satellite dish (iv) Inbuilt wine cellar Sadly for the couple the marriage failed due to irreconcilable differences. After the divorce, Mopia wants to claim her rights the fixtures and fittings from Faka. Using relevant legal authorities advise Mopia on her legal rights to the fixtures and fittings. [Total: 14 marks} Question 5 ‘Trunkings is the owner of a small holding farm in Lusaka West, Plot 123A and his neighbour, Wheelbarrows was the owner of Plot 123B. Both reared goats for sale at the nearby market. ‘Trunkings had purchased the Plot in 2011 and had reserved a small portion of the land at the rear of his house as a grazing field for his goats. He had put up a wooden fence around the portion of the land to prevent the goats from getting into his vegetable garden. In 2012 when Wheelbarrows purchased the adjoining plot it was usual for the goats from both the owners {o stray into the reserved portion of the land on Trunkings’s plot. The situation was acceptable by both parties until Wheelbarrows sold Plot 123B to Jinja, a small scale farmer rearing goats. No mention was made by Wheelbarrows that her goats had been grazing together with Trunkings goats on plot 123A after the sale.