National Institute of Public Administration JULY/DECEMBER 2022 EXAMINATION PROGRAMME NAME: DIPLOMA IN LAW, COURSE NAME: LAND LAW II DIL 2070 TIME ALLOWED: 3 HOURS TIME: 14:00HRS TO 17:00HRS DATE: 15™ DEC 2022 INSTRUCTIONS TO CANDIDATE: This paper has SEVEN questions; You are required to choose and attempt FIVE questions; Number each answer clearly in the left margin; Start each answer on anew page; Beye WRITE YOUR ANSWERS ON THE ANSWER SHEET PROVIDEDQUESTION ONE . Mr. Silos Mulenga your grandfather buys 20 hectares of customary land in Shibuyunji District which in the course of time he successfully converts to Leasehold Tenure and acquires title in his name, On the basis of this title, he applies for a huge loan to embark on commercial farming activities. Because he needs enough water for this project, he decides to divert water from a stream running through his farm for the purpose of irrigation of his tomato and cabbage fields covering a big size of the farm, One day Mr. Mulenga is visited by his friend Milimo Hansingo who had been a small scale miner for many years in Lufwanyama District on the Copperbelt but now a resident of Shibuyunji on one of Mr.Mulenga’s neigbouring farms. He tells him that there was every indication of presence of minerals on Mr. Mulenga’s farm and he only needed basic tools for exploration and actual mining. The news excites Mr.Mulenga who immediately buys the required tools and employs a few villagers for his mining project. One day, you overhear MrHansingo advising Mr.Mulenga to obtain permission for the commercial use of water and apply for a mining license from relevant authorities for his mining activities on the farm and you get interested in the discussion. Mr. Mulenga laughs at his friend and pulls out an old Land law book from his bag and quotes a Latin maxim ‘cuius est solum eius est usque ad coelum et ad inferos’ which means that ‘he who owns the surface of the land also owns everything up to the heavens and down to the depth of the earth’. He emphasises to his friend that the above maxim includes minerals, trees and rivers and qualifies the absolute freedom a land owner has on his land, Kindly advise Mr.Mulenga on land ownership rights and its limits narrowing down your discussion to the scenario given above [10 Marks]QUESTION TWO Mr. George Westbeech originally from Scotland has relocated to Zambia with a vi in the palm oil industry. Recently he acquired 400 hectares of traditional land in Chief Mwambakani’s area of North-Eastem Province of Zambia. Having heard that it would be in the best interest of his company to hold that piece of land on title as compared to the hand-written paper that he was given by the chief, he has come to seek your legal advice on the following aspects: W to investing (The distinction and meaning of holding his 400 hectares of land based on the hand- written paper from the chief and holding the land on title and the advantages or disadvantages if any; and, (ii) Considering the value of the investment he intends to put up, whether or not it is feasible to change his current land holding system based on the letter from the chief to any other system that could me more secure, and if'so, the applicable procedure for that, conversion With the aid of authorities, give your legal opinion to Mr. West beech [10 marks] QUESTION THREE Matven Limited is a private mining company that is looking for capital to expand its mining operations in Petauke District of Eastern Province of Zambia. In their next Board Meeting, the Directors of the company intend to discuss among other matters borrowing money from one of the registered financial institutions. As Board Secretary, the Board Chairman has asked you to prepare a brief to the Board on the following aspects: i) In the wake of insufficient financial assets, how the company can borrow and be requited to secure that loan by financial service providers; (ii) Having secured the loan facility by the company’s real property, what the rights of the company as borrower are, and what the rights of the lender are; and, (ili) The remedies at the disposal of the lender (bank) in the event of the borrower (company) failing to pay back the money. Compile your brief with reference to authorities.. [10 Marks} QUESTION FOUR Discuss the salient provisions of the Landlords and Tenants (Business Premises) Act eap 193 of the laws of Zambia and the remedies provided in the Act for the land lord and tenant of businesspremises in Zambia in light of the rights and duties of the land lord and tenants. Support your answer with authorities. QUESTION FIVE In brief give an account on any four of the following: (1) Easement (I) Profit Apprendre (1D Dominant and servient tenement (IV) Any two ways of acquiring an easement (V)__ Any two essentials for the creation of an easement QUESTION SIX Discuss the rule in Walsh V Lonsdale (1882) 21CHD 9 QUESTION SEVEN Discuss in detail the difference between a Fixture and a Fitting. END OF EXAM [10 Marks ] {10 Marks} [10 Marks} [10 Marks]