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Semester Tests Supplementary Test July 2022 LS 261

The document discusses a test paper with 5 questions for a law course. Question 1 involves a deceased businessman's estate and his surviving family members. Question 2 builds on this and involves the sale of one of the properties. Question 3 distinguishes common from joint ownership. Question 4 discusses the difference between mortgages and charges. Question 5 involves drafting a legal and equitable mortgage over a property being used as security for a bank loan.

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10 views3 pages

Semester Tests Supplementary Test July 2022 LS 261

The document discusses a test paper with 5 questions for a law course. Question 1 involves a deceased businessman's estate and his surviving family members. Question 2 builds on this and involves the sale of one of the properties. Question 3 distinguishes common from joint ownership. Question 4 discusses the difference between mortgages and charges. Question 5 involves drafting a legal and equitable mortgage over a property being used as security for a bank loan.

Uploaded by

Richard Mvula
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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THE COPPERBELT UNIVERSITY

SCHOOL OF HUMANITIES AND SOCIAL SCIENCES


FACULTY OF LAW

CONVEYANCING LAW, AND LEGAL DRAFTING (LS 261)


INSTRUCTIONS:
There are five questions in this Supplementary Test Paper. You are required to answer ALL
Questions. The duration for the Test is Three (3) Hours.
Question One:
Mulenga Hagweende a successful businessman died intestate leaving behind, among other assets, Stand
No. 10, Kitwe (The Farm on which the Residential Mansion ‘Giggibonta’ is built), Stand No. 11, Ndola,
Stand No. 12, Kalulushi, and Stand No. 13, Chambeshi. He was survived by his beloved wife Rosemary
Hagweende, and two lovely daughters Musonda and Mutinta. On the day of his burial, his wife and the two
daughters got involved in a road accident as they drove to the graveyard for Mr Hagweende’s burial. Mrs
Hagweende perished at the scene of the accident while Mutinta sustained life-threatening injuries. Six
months later, Mutinta succumbed to the injuries which she sustained in the road mishap and died. Mutinta
is survived by her husband Tekumwenzo. Musonda wishes to sell off all the houses which were left by her
father and relocate to the United Kingdom. Advise Musonda as to her rights, duties and obligations, if any
[20 Marks].

Question Two (Built on Question One):


Musonda has been duly appointed, by the High Court of Zambia, as Administratrix of the estate
of the late Mr Hagweende. Following her appointment as Administratrix, she wishes to sell off
Stand No. 10, Kitwe to Makali Farms Limited at the price of Fifteen Million Kwacha (K 15, 000,
000.00).
a) As Advocates for Miss Hagweende (Musonda), draft the Contract of Sale of Stand No. 10,
Kitwe [10 Marks];
b) As Advocates of Makali Farms Limited, draft the Assignment of the property in Stand No.
10, Kitwe [10 Marks].
Question Three:
Distinguish Common Ownership from Joint Ownership. Let decided cases and legislative
provisions light up the course of your work [20 Marks].
Question Four:
Although mortgages are often defined as ‘including charges’, there is a fundamental conceptual
difference between the two’. Discuss this statement with the aid of legislation and decided cases
[20 Marks].
Question Five:
XCo Limited wishes to borrow a sum of Five Million Kwacha (K 5, 000, 000.00) from Bank
XYZ by providing the following assets as security for the loan, namely:
i. Stand No. 1212, Kitwe (Valued at K 6, 000, 000.00).
By using the following format: Date, Parties, Recital, Testatum, Consideration, Operative,
Parcels, Habendum, Restriction, Attestation, and Testimonium:
a) By making necessary assumptions, draft a Legal Mortgage Deed [10 Marks];
b) By making necessary assumptions, draft an Equitable Mortgage Deed [10 Marks].

“Cidere Mens Eadem Mutato”


No. …………..
CERTIFICATE OF TITLE

REPUBLIC OF ZAMBIA
Registered No. 2240/4…….
The Lands and Deeds Registry Act
CERTIFICATE OF TITLE
THIS CERTIFICATE dated the 1st day of October One Thousand Nine Hundred and Ninety
under the hand and seal of the Registrar of Lands and Deeds of Zambia WITNESSETH that XCo
Limited of Kitwe in the Republic of Zambia is a tenant of lease for the unexpired residue of a term
of 99 years from the first day of October 1990 (Subject to such reservations restrictions
encumbrances underwritten or endorsed hereon) of and in all that piece of land in extent 0.350 of
an acre more or less being Stand No. 1212 situate in the Kitwe District of the Copper-belt Province
of the Republic of Zambia which piece of land is more particularly delineated and described on
Diagram 258 of 1990 except and reserved all minerals oils and precious stones whatsoever upon
or under the said land.

…………………………………………
REGISTRAR OF LAND AND DEEDS
………………………………………………………………………………………………………
Date of Date of Registered Cancellation

Document Registration No.

………………………………………………………………………………………………………
01.10.90 12.11.90 2240/4 The reservations restrictions restrictive covenants and

conditions mentioned contained and referred to in a lease

(a copy of which is attached to hereto and made between the

The President of the Republic of Zambia of one part and

XCo Limited of the other part).

………………………………………..
………………………………………..
03.04.22 05.04.22 2240/4 Mortgage to Zambia National Building Society

to secure K 1, 500, 000.00 and interest.

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