SCHOOL OF LAW
CONVEYANCING AND LEGAL DRAFTING
MID-SEMESTER EXAMINATION
OCTOBER 2021
09:00-12:00 HOURS
TIME ALLOWED: 3 HOURS PLUS 5 MINUTES READING TIME
INSTRUCTIONS TO CANDIDATES
1. Check that you have the correct examination paper in front of you.
2. The paper consists of SIX (6) questions. Answer QUESTION 1 and ANY
OTHER THREE (3) questions.
3. All answers should be in an answer booklet given to you.
4. Write down the number of questions attempted on the cover page.
5. Begin each question on a new page.
6. All cited authorities should be underlined.
7. Candidates are permitted to bring the ANY clean and unmarked statutes and
reference materials into the examination room.
DO NOT TURN THIS PAGE UNTIL TOLD TO DO SO BY THE
INVIGILATOR
1
Question 1 [compulsory]
You are working as a legal Assistant at the Chambers of Messrs Unilus and Company,
which is acting for the Purchaser in a conveyance. Your Principal hands you a file
containing a portion of a draft contract of sale prepared by the Seller. She asks you to
review and revert to her with your input. The relevant portion of the contract is attached
to the exam paper. Make amendments, if any, and hand it in with your answer script.
[25 Marks]
Question 2
You are approached by a Client who gives you the following specific instructions which
he wants included in the contract of sale you are to draft for him as the Vendor. The
following are the instructions:
a. He as the seller will meet the cost of paying the land surveyors for the
subdivision;
b. A down payment of 50% will be paid upon exchange of contracts with the
balance the purchase price being K200,000.00 to be paid in four (4) equal
monthly instalments;
c. The signing of the contract will be done at the Vendors office;
d. The Purchaser will meet the cost of property transfer tax;
e. Possession of the property will be given at completion;
f. The seller will rescind the contract should the purchaser fail to pay the balance
in four (4) equal monthly instalments; and
g. The purchaser is acting on their own behalf.
Draft the special conditions for this contract of sale.
Use your imagination to fill in any missing details/information.
1. The property is sold subject to the Law Association of Zambia
General Conditions of Sale 2018 in so far as the same are
not inconsistent with or varied by these Special Conditions.
2. The Vendor’s Advocates are Unilus Chambers of 10 Leopards
Hill Road Lusaka
The Purchaser is acting in person.
3. the states consent any other necessary licence to assign
shall be within (2) weeks from date of the contract
4. The date fixed for completion shall be within Two (2) weeks
of the Vendor obtaining Property Transfer Tax receipt and
Certificate which Certificate shall be applied for within
Two (2) weeks of obtaining State Consent to Assign which
consent shall be applied for within 2 weeks from the date
of the contract.
5. The Vendor is selling as BENEFICIAL OWNER.
2
6. The title shall commence with the Certificate of Title No.
1234 issued in respect of the Lot 4321
7. The property is sold subject to the exceptions reservations
restrictions restrictive covenants and conditions mentioned
contained or referred to in a Lease annexed to the
Certificate of Title No 1234
8. The purchase price of TWO HUNDRED THOUSAND KWACHA
(ZMW200,000.00) shall be paid as follows;
a. 50% upon execution of contracts
b. The balance of K100,000.00 to be paid in 4 equal monthly
instalments of K25,000.00
9. The Purchaser will meet the cost of property transfer tax
10. The Vendor will rescind the contract should the purchaser
fail to pay the balance in four (4) equal monthly
instalments
[25 Marks]
Question 3
Your firm Unilus and Company has been retained by Ms. Blessings Kasonde acting
through James Banda by Power of Attorney dated 1st September, 2021. Your Client is
selling a piece of land to Mainland Golf Club.
Transaction details:
Property number: F/609/E/490 Lusaka
Property size: 6258 square meters
Diagram No.: 129 of 2003
Type of lease: statutory leasehold
Price: ZMW118,000.00
Draft the Dates clause, parties’ clause and the particulars/description of the property.
Use your imagination to fill in any missing details/information.
AN AGREEMENT made this day of Two
Thousand and Twenty One BETWEEN BLESSING KASONDE acting through JAMES
BANDA by power of Attorney dated 1st September 2021 of Lusaka in the Lusaka
Province of the Republic of Zambia(hereinafter called “the Vendor”) of the one part
and MAINLAND GOLF CLUB a body incorporated under the Lands (Perpetual
Succession ) Act Cap 186 of the Laws of Zambia and having its registered at Lusaka
in the Republic of Zambia (hereinafter called “the Purchaser”) of the other part
3
ALL THAT piece of land in extent of 6258 square metres more or less being stand
number F/609/E/490 situate at Lusaka in the Lusaka Province of the republic of
Zambia which piece of land is more particularly delineated and described on diagram
no 129 of 2003 annexed to the Certificate of Title relating to this property EXCEPT &
RESERVED all minerals, oils precious stones whatsoever upon or under the said land
TOGETHER WITH the unexhausted improvements for the unexpired residual of a
term of 100 years from the 1st day of July one thousand nine hundred and seventy five
created by the Land (Conversion of Titles) Act 1975 at a rate reserved SUBJECT TO
the conditions and covenants in part one of the first schedule of the Land (Conversion
of Titles Regulation) 1975 AND SUBJECT ALSO to the exceptions reservations
restrictions restrictive covenants and conditions contained in the indenture of Grant of
of final Title dated 20th day of November one thousand nine hundred and thirty and
made between His Majesty of the one part and John smith of the other part
[25 Marks]
Question 4
Discuss the duties a Lawyer has when conducting conveyancing transactions.
1. Disclosures to parties
2. In mortgage transactions
3. Conflict of interest considerations
4. Vigilance against fraud
5. Courtesy and respect
6. Share information (subject to client confidentiality)
7. Prompt response
8. Dealing with different types of documents
9. Document management
10. Keep up to date
11. Internal organisation
[25 Marks]
4
Question 5
Johnny Jones is selling his property, Lot No. 122 at a price of K900,000.00 to Mulekwa
Moonga. Mulekwa took possession of the property on exchange of the contracts on
1st January, 2021. Completion is set to take place on 31st December 2021. The
purchase price is to be paid in Three (3) equal instalments on 1st January, 1st July and
31st December, 2021 respectively. Council rates of K1,000.00 per half year have
already been paid by Johnny Jones for 2021. Draft a completion statement show how
you will capture the transaction details.
Interest computation
From 1/1/2021 to 30/6/2021 on balance of purchase price of K600,000.00
600,000 x15%= 90,000
Number of days: 181 days. If 90,000=365 days then X= 1day. X=90,000/365= 246.58
181 days x 246.58=K44,630.98
From 1/7/2021 to 30/12/2021 on balance of purchase price of K300,000.00
300,000 x15%= 45,000
Number of days: 183 days. If 45,000=365 days then X= 1day. X=45,000/365= 123.29
183 days x 123.29=K22,562.07
Purchase price 900,0000
Less deposit (300,000)
600,000
ADD interest payable for the period
1/1/2021 to 30/6/2021 i.e. 181 days
@ K246.58 per day @ 15% per annum 44,630.98
Less deposit paid on 1/7/2021 (300,000)
ADD interest payable for the period
1/7/2021 to 30/12/2021 i.e. 183 days
@ K123.29 per day @ 15% per annum 22,562.07
ADD rates payable for the period 1/1/2021
To 31/12/2021 i.e. 365 days at K1000
Per half year 2,000
K369,193.05
5
[25 Marks]
Question 6
a. Draft the particulars/description of the property with the following details:
Size: 2 hectares
Stand No. 20 Kitwe
Diagram No. 2 of 1970
Lease: presidential lease from 1st January 1967 with John Phiri. (15 marks)
• “ALL THAT piece of land measuring approximately/in extent of 2 hectares more
or less being stand No. 20 situate at Kitwe in the Copperbelt Province of the
Republic of Zambia which piece of land which piece of land is more particularly
delineated and described on diagram no 2 of 1970 EXCEPT & RESERVED all
minerals, oils precious stones whatsoever upon or under the said land
TOGETHER WITH the unexhausted improvements thereon for the unexpired
residual of a term of 99 years from the 1st day of January 1967 and made
between the president of the republic of Zambia of the one part & John Phiri of
the other part.”
b. Draft the attestation clause were Highvie Hamududu acting through Jeremy
Styles by Power of Attorney dated 1st August 2021, is buying a property from
Madison Property Limited. (10 marks)
SIGNED by JOMWA MWALE )
For and on behalf of MADISON )
PROPERTY LIMITED in the )
presence of: )
WITNESS
NAME: _________________________________
ADDRESS: _________________________________
OCCUPATION: _________________________________
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SIGNED by JEREMY STYLES for )
And on behalf of HIGHVIE )
HAMUDUDU Pursuant to a power )
of attorney Dated 6th January 2017)
In the presence of: )
WITNESS
NAME: _________________________________
ADDERESS: _________________________________
OCCUPATION: _________________________________
[25Marks
]
7
LAW ASSOCIATION OF ZAMBIA
CONTRACT AND CONDITIONS OF SALE
AN AGREEMENT made this ………… day of …………………. Two Thousand and
Twenty One BETWEEN CHIGUBU ZULU of Lusaka in the Lusaka Province
of the Republic of Zambia(hereinafter called “the Vendor”) of
the one part and MONICA MWANSA of the Lusaka Province of the
Republic of Zambia(hereinafter called “the Purchaser”) of the
other part
WHEREBY IT IS AGREED that the Vendor will sell and the Purchaser
will purchase the property referred to in the accompanying
particulars at the total price of ONE HUNDRED AND NINETY FIVE
THOUSAND KWACHA (ZMW195,000.00) upon the accompanying terms and
conditions and the Vendor and the Purchaser do on their
respective parts agree to complete the said purchase on the said
terms and conditions
8
AS WITNESS whereof the parties hereto or their duly authorised
representatives have set their hands the day and year first
before written.
SIGNED by the )
said CHIGUBU ZULU )
in the presence of:)
WITNESS
Name : _________________________________
Address : _________________________________
Occupation : _________________________________
SIGNED by the said )
MONICA MWANSA )
in the presence of: )
WITNESS
Name : _________________________________
Address : _________________________________
Occupation : _________________________________
