APRIL 2024

LEGAL PRACTITIONERS QUALIFYING EXAMINATION

(REPEATERS’)
HEAD 3: CONVEYANCING AND LEGAL DRAFTING
WEDNESDAY 17TH APRIL 2024
MARKS: 100 TIMES: 09:00 – 12:00 HOURS

INSTRUCTIONS TO CANDIDATES

1. QUESTION ONE (1) IS COMPULSORY AND CARRIES 40% OF THE TOTAL

MARKS.

2. ANSWER ANY FOUR (4) FROM THE REMAINING QUESTIONS. EACH QUESTION
CARRIES 15% OF THE TOTAL MARKS. EXCEPT WHERE OTHERWISE
INDICATED WHERE THERE IS MORE THAN ONE PART TO A QUESTION EACH
BEARS AN EQUAL NUMBER OF MARKS.

3. THE DURATION OF THE EXAMINATION IS THREE (3) HOURS WITHIN WHICH

CANDIDATES ARE EXPECTED TO ANSWER FIVE (5) QUESTIONS OUT OF EIGHT
(8) QUESTIONS.

4. IF A QUESTION DOES NOT HAVE SUFFICIENT DETAILS TO ANSWER THE

QUESTION USE YOUR IMAGINATION FOR THE DETAILS YOU REQUIRE. THE
LAW ASSOCIATION OF ZAMBIA GENERAL CONDITIONS OF SALE 2018 APPLY
UNLESS OTHERWISE STATED.
5. DO NOT BRING ANY REFERENCE BOOK OR NOTES IN THE EXAMINATION
ROOM.

This document is the property of the Zambia Institute of Advanced Legal Education
QUESTION ONE COMPULSORY 40 MARKS

Milimo Nswana is a well established business executive with 23 years experience in the
Banking and Finance field. She decides to diversify her Investment Portfolio by investing
in the secondary Bond market. She decides to sell her property estate in New Kasama
comprising 10 flats that are built in a gated community with shared facilities such as a
Swimming Pool, Bar and Gym facilities. The sale includes the furniture in all the 10 Flats.
She decides to sell the entire estate to Marvin Shelton and the Wife, Nkandu Nyambe
Shelton both of London in the United Kingdom.

Nkandu is so excited about the property that when she visited Zambia she convinced her
husband that they should buy the property as it allows them to stay in one of the
furnished apartments but also rent out the rest of the properties. Nkandu Nyambe
Shelton explains to you that the husband is in London in the United Kingdom but has
executed a Power of Attorney dated 3rd April 2024 in favour of Johnston Walker of
Lusaka, a good friend of the family that is available to execute any documents on behalf
of Marvin Shelton.

You have been retained by Milimo, the titleholder and vendor to act for her whereas the
Sheltons have retained Sefu Susiku of Messrs Susiku, Banda and Stephenson Legal
Practitioners of Rhodespark Lusaka. A copy of the title for Stand 957 Lusaka is attached
for ease of reference.

The parties have agreed on the following:

a. Sale price of US$450,000, of which US$400,000 for the landed property and US$50,000
for the furniture;
b. Price to be paid in 3 Instalments namely 20% of the Purchase price on exchange of
contracts, 60% will be paid 60 days after exchange of contracts and 20% on completion
which would be 120 days after the second instalment;
c. Sheltons will take possession after the second instalment;
d. Consent to Assign to be applied for after the second instalment;
e. The furniture in the furnished apartments is sold without any warranty as to the
condition;
f. Interest shall be payable after taking possession at 5% per annum on the outstanding
balance;
g. All Ground rent and Council Rates arrears on the property to be cleared by Milimo;
h. The assignment deed shall be signed at the chambers of lawyer having conduct of the
matter, one Sefu Susiku.

Draft a contract of sale? (40 Marks)

This document is the property of the Zambia Institute of Advanced Legal Education
This document is the property of the Zambia Institute of Advanced Legal Education
QUESTION TWO

a) Draft a Discharge of Mortgage where Jamas Engineering Limited has paid off a
mortgage of K400,000 and Zanaco Plc is willing to discharge the Mortgage placed
on Stand no 277 Ndola? (7 Marks)
b) Draft the Parties, Testimonium and Attestation clauses in a Debenture in which
Rickson Limited has secured a facility with Boomers Bank Limited to secure US$1
Million. (6 Marks)
c) What is the PACRA registration fee for a Mortgage? (2 Marks)

QUESTION THREE

Majory Mutakwa owns stand 20886 in Mushindamo District. The property is comprised of 3
Warehouses, 4 interconnected shops, one Anchor shop and 4 furnished apartments. A Non
Governmental Organisation (NGO) called Environmental Champions Zambia Organisation
(ECZO) enters into a lease for 3 years 6 months from 01/02/2024 to rent One shop and One
Warehouse. The rent is a fixed K10,000 per month for the entire period payable 6 months in
advance.

a) Draft the Consideration, Operative, Parcels, Habendum and Reddendum clauses of

the lease? (8 Marks)
b) Draft a Lodgment Schedule showing all disbursements? (5 Marks)
c) Attached to the Exam paper is a DR 53 Form, fill it in in relation to the transaction in
(i) above and submit it together with your answer booklet? (2 Marks)

DR 53

Stocked by Registrar

of Lands and Deeds

This document is the property of the Zambia Institute of Advanced Legal Education
 5m W324 5/96

To be submitted in duplicate

The Lands and Deeds Registry Act

IMMOVABLE PROPERTY TRANSACTION FORM

1 Type of transaction 2. Date of document ___/_____/_______

______________________________________________________________________________

2. LESSOR:
Full Names:

Postal Address:

Business address:

_____________________________________________________________________________

3 LESSEE:
Full Names:

Postal Address:

Residential address:

_______________________________________________________________________________

4 Property:
Province …… ………… Town (or nearest town)………… …………………
Farm/Stand/

Area

Address (Number, Street, and area of town………. ………..

Brief description (i.e. nature of improvements) …………………………………..………………

…………………………………………….…………………………………………………...…………………………………………
……………………………………..

Total Rateable value: ………………… Land & Improvements: ………..

(If any)

_______________________________________________________________________________

This document is the property of the Zambia Institute of Advanced Legal Education
5 Interest transferred or created:
*(i) Freehold conveyed ………………………-……………………………………………………………….

*(ii) Leasehold assigned of …………………………….years from

*(iii) Lease granted of ………………………………….Years from ………………………………….

_______________________________________________________________________________

6. Consideration for this transaction:

*(i) Capital payment now

*(ii) Mortgage debt to Mortgagee created

*(iii) Rent reserved K…………………………………….p.a. (in words)……………NIL………………….

*(iv) Any other (debt released, terms surrendered, land exchanged, royalty,

etc)……………………………..

_______________________________________________________________________________

7. Minor interests: ………………………NIL……………………………………………………………………

_______________________________________________________________________________

8. Person or Solicitors registering transaction:

Name……… ……………………………………

Address…… ……………………………………

Capacity……’ ……………………………………

*Delete as applicable

_____________________________________________________________________________

For official use only

QUESTION FOUR
a) Monica Lisimba owns Farm Number 70707 Petauke District. The commercial farm
has 3 Centre pivots covering 300 Hectares. Monica is alarmed to be told by her
workers that there is a company called DXT Exploration Limited that is undertaking
exploration works within the Farm. Frustrated by the development, Monica
approaches the exploration company that presents a valid exploration licence from

This document is the property of the Zambia Institute of Advanced Legal Education
 the Ministry of Mines. You are approached by Monica to advise whether she can stop
the ongoing exploration which is now threatening her tobacco fields. Advise? (5
Marks)
b) Draft recitals only in an Assignment Deed, where Magic Milk Products Limited is
selling a subdivision from its Farm Number 22997 with a statutory lease to Joshua
Chunga at K800,000. (10 Marks)

QUESTION FIVE

John Musadabwe sells his land to Mercy Lifuka for K2,000,000. The parties agree that the
purchase price shall be paid in 3 instalments namely, K700,000 on exchange of contracts on 23rd
January 2024, K800,000 on 3rd June 2024 and the last instalment of K500,000 to be paid on 26th
December 2024 which is also the Completion date. Rates have been paid for the entire 2024 by the
Purchaser by agreement between the Parties at K2000 per half year. John had installed 5G Internet
connectivity with Zamtel Limited and had paid for the entire 2024 from 1st January 2024 at
K12,000 for the entire year. Possession is given on 3rd June 2024. Show how you will account for
the following in a completion statement?

a) Interest? (5 Marks)
b) Rates? (5 Marks)
c) Internet Connectivity? (5 Marks)

QUESTION SIX

Mutale Chitoshi gave his daughter Inonge Chitoshi a property namely Lot 93 Chipata City as a
graduation present for clearing ZIALE. A learner legal at your law firm has prepared a Deed of
Gift whose relevant portions are reproduced here below. Also attached is a copy of Certificate of
title for the property in question.

a) Make corrections, if any, and write the answer in the answer booklet provided? (10
Marks)

This document is the property of the Zambia Institute of Advanced Legal Education
 Dated this day of 2024

INONGE CHITOSHI

TO

MUTALE CHITOSHI

DEED OF GIFT

Relating to:

Lot 93 CHIPATA

THIS AGREEMENT was made the 10TH day of APRIL Two Thousand and Twenty-Four
BETWEEN INONGE CHITOSHI ("the Mother") of Lusaka in the Republic of Zambia
(hereinafter called "the Donor") of the one part and MUTALE CHITOSHI ("the father") also
of Lusaka aforesaid (hereinafter called "the Donee") of the other part

WHEREAS

1. The Donor is a tenant or lessee of an unexpired residue of a term of 90 years from

the first day of July One Thousand Nine Hundred and Seventy-Five created by the

This document is the property of the Zambia Institute of Advanced Legal Education
 Land (Conversion of Titles) Act 1975 made between the President and Inonge
Chitoshi SUBJECT TO the covenants and conditions contained in Part 1 of the First
Schedule to the Land (Conversion of Titles) Act

2. The Donor has agreed to give at a consideration of K100,000.

NOW THIS DEED WITNESSETH as follows:

1. The Donor hereby GIVES consideration of K100,000 and ASSIGNS unto the Donee
ALL AND SINGULAR the property described in the Schedule TOGETHER WITH
all buildings erected thereon TO HOLD WHILE YIELDING AND PAYING
THEREFOR the same unto the Donee for all the residue of the term created by the
lease SUBJECT henceforth to the payment of the said rent to the observance and
performance of the covenants on the lessee's part and the conditions contained in
the Lease

IN WITNESS whereof the parties have caused their common seals to be affixed by hand
and seal the day and year firstbeforewritten

SIGNED SEALED and DELIVERED )

by the said INONGE CHITOSHI )

in the presence of: )

WITNESS:

Name:

Address:

This document is the property of the Zambia Institute of Advanced Legal Education
Occupation:

SIGNED SEALED and DELIVERED )

by the said MUTALE CHITOSHI )

in the presence of: )

WITNESS:

Name:

Address:

Occupation:

This document is the property of the Zambia Institute of Advanced Legal Education
b) Draft a lodgment Schedule for this Deed of gift? (5 Marks)
This document is the property of the Zambia Institute of Advanced Legal Education
QUESTION SEVEN

a) Moses Nundwe owns a property jointly with his wife Sara Kalima Nundwe which
they hold as Tenants in common with shares in the ratio 60 to 40 %. Fearful of his
family members, Moses decides to add their only Daughter, Mutinta aged 22
years to the Title but are not sure what to do. Name the document that can be
used to add Mutinta to the Title? (1 Mark)
b) Name the document you will use to effect instructions where Ministry of Green
Economy has bought a huge farm in Mpongwe with a view to setting up a water-
harvesting project for the community? (1 Mark)
c) Mukupa Mutapa dies testate and in his Will had bequeathed Lot Number 82020
Chirundu to Mathew Norris an Australian resident in Sydney Australia. The two
had met for an expedition and Mathew shared his dream to set up a retreat centre
but felt frustrated because it was not easy to acquire land in lower Zambezi.
Mukupa, who already had a farm in lower Zambezi which he had subdivided,
developed an idea of giving Mathew a 2 hectares Plot for his good friendship. The
subdivided 2 hectares farm is numbered as Subdivision X of Lot 82020 Chirundu
and is described on diagram number 3346 of 2018. In the said Will, Kampamba
Mutapa is indicated as the Executor of the Will. On 12th March 2024, Mukupa dies
and the High Court grants Probate to Kampamba Mutapa dated 29th April 2024.
Mathew Morris is excited to learn that there is a parcel of land bordering the
Zambezi River where he can build a retreat centre for his family and friends. He
however feels discouraged to hear a politician say “Zambian Land is for
Zambians” and so he fears his dream may not work.
i. Advise with justification, on the Eligibility of Mathew Morris
own Land in Zambia? (2 Marks)
ii. Which document will you draft to vest the Property in the name of

Mathew Morris from Mukupa Mutapa? (1 Mark)

iii. Draft the Document in (ii) above? (6 Marks)

This document is the property of the Zambia Institute of Advanced Legal Education
 iv. Draft a Lodgment Schedule to effect the wishes as outlined in (ii)
above, showing all disbursements? (4 Marks)

QUESTION EIGHT
Herbert Mudolo owns Lot 99776/M Kitwe which is a statutory lease and measures
6.5 Hectares. He borrows from Farmers Bank Limited a K2 Million with interest and
the Mortgage is duly registered at the Lands and Deeds Registry. The Mortgage is for
15 years from January 2020. In 2024, after struggling to make 2 monthly loan
repayment instalments and fearful that he may lose the property, Herbert approaches
Farmers Bank Limited with a Proposition that they allow him to sell a subdivision of
70 metres by 50 Metres to Haabadu Hicibeka at K700,000. The subdivision is
numbered as Subdivision A of Lot 99776/M Kitwe and the diagrams handed over to
Herbert. With that sale, Herbert will be back on track with the loan repayments. The
Bank agrees to that proposition. The sale of the subdivision goes through and now
you have been retained by both Haabadu Hicibeka and the Bank to effect the wishes
of the parties. The bank makes a search and discovers that the original title deed is
lost or misplaced. Nancy Phiri, the in-house Legal Counsel for Farmers Bank Limited
had started the process of obtaining the Duplicate certificate of Title but did not lodge
the papers at the Deeds Registry. Instead the Bank resolved to hire you to finalise the
process as you also give Haabadu Hicibeka, his title. All the papers for obtaining a
Duplicate Certificate of Title are handed over to you.

Draft a Lodgment Schedule showing all disbursements which effects the following: -
• Bank Agreeing to allow a subdivision to be sold
• Bank applying for a duplicate certificate of Title
• Sale of the Subdivision from Herbert to Haabadu? (15 Marks)

END OF EXAMINATION

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 OCTOBER 2024
LEGAL PRACTITIONERS QUALIFYING EXAMINATION
(FINAL)
HEAD 3: CONVEYANCING AND LEGAL DRAFTING
WEDNESDAY 23RD OCTOBER 2024
MARKS: 100 TIMES: 09:00 – 12.00 HOURS

INSTRUCTIONS TO CANDIDATES

6. QUESTION 1 IS COMPULSORY AND CARRIES 40% OF THE TOTAL MARKS.

7. ANSWER ANY FOUR (4) FROM THE REMAINING QUESTIONS. EACH QUESTION
CARRIES 15% OF THE TOTAL MARKS. EXCEPT WHERE OTHERWISE
INDICATED WHERE THERE IS MORE THAN ONE PART TO A QUESTION EACH
BEARS AN EQUAL NUMBER OF MARKS.
8. THE DURATION OF THE EXAMINATION IS THREE (3) HOURS WITHIN WHICH
CANDIDATES ARE EXPECTED TO ANSWER FIVE QUESTIONS OUT OF EIGHT
QUESTIONS.
9. IF A QUESTION DOES NOT HAVE SUFFICIENT DETAILS TO ANSWER THE
QUESTION USE YOUR IMAGINATION FOR THE DETAILS YOU REQUIRE. THE
LAW ASSOCIATION OF ZAMBIA GENERAL CONDITIONS OF SALE 2018 APPLY
UNLESS OTHERWISE STATED.
10. DO NOT BRING ANY REFERENCE BOOK OR NOTES IN THE EXAMINATION
ROOM.

This document is the property of the Zambia Institute of Advanced Legal Education
Question one carries 40 marks while other questions carry 15 marks each.

1. QUESTION ONE (Mandatory)– 40 Marks)

2.
Jimmy Kamona and Monica Namonje Kamona own Stand 398809 Lusaka as joint Tenants and
have been using the house as a matrimonial home. The two have obtained a mortgage from
Zambia Loans Limited for K1,000,000 under a mortgage deed dated 23rd May 2005 which has
been invested in a chicken project on the property. Jimmy dies intestate on 3rd March 2024 and
Salifyanji Kamona the first born son is appointed as Administrator by the High Court in letters
of administration dated 12th April 2024.

Owing to the debts owed to several people including the Zambia Loans Limited by the late Jimmy
Kamona, the wife Monica Namonje Kamona decides to sell the property to Ardent Adventures
Limited and Ardent Shawa to hold as Tenants in Common in equal shares at a price of K1,600,000.
Of the total purchase Price, K1,300,000 will be paid directly to Zambia Loans Limited that has
agreed to accept the amount as full and final repayment of the Loan. Attached to the question
paper is a copy of the certificate of title in the joint names of Jimmy Kamona and Monica Namonje
Kamona.

A Learner Legal in your law firm has drafted an Assignment whose relevant portion is shown
below:

a. Make corrections, if any, and draft in your answer booklet the revised document?
(20 Marks)
b. You have been retained by Zambia Loans Limited to draft a discharge of
Mortgage, draft the same? (8 Marks)
c. You have been informed that no documents have been lodged with the Deeds
Registry concerning this property from the demise of Jimmy Kamona and the
property is still in the names of Jimmy Kamona and Monica Namonje Kamona.
The Transaction is completed between the parties and you have been retained to
lodge the change of ownership papers on behalf of the Purchasers. Draft a
lodgment Schedule showing all disbursements? (8 Marks)
d. The new property owners Ardent Adventures Limited and Ardent Shawa are
desirous of splitting the property in two, obtaining two distinct title deeds in their
individual names:
i. Name the Document you will prepare to effect their wish? (2 Marks)
ii. Will Consent to Assign be required to be obtained? (2 Marks)

This document is the property of the Zambia Institute of Advanced Legal Education
DRAFT ASSIGNMENT FOR QUESTION ONE WITH RELEVANT
CLAUSES

THIS INDENTURE made the 23rd day of October one thousand nine hundred and ninety Seven
BETWEEN JIMMY KAMONA (Now Deceased) and MONICA NAMONJE KAMONA of Lusaka
(hereinafter called "the Vendors") of the one part and ARDENT ADVENTURES LIMITED and
ARDENT SHAWA both of Lusaka (hereinafter called "the Purchasers") of the other part.

WHEREAS

1. The Vendor is the tenant or lessee of the hereditaments more particularly described
in the Schedule hereto (hereinafter called "the Property") for the residue now unexpired of
the term of Ninety nine (99) years from the 1st day of August One thousand Nine Hundred
and Seventy Five SUBJECT to the covenants and conditions contained in in the lease.

2. The Vendor has agreed to sell the said piece of land to the Purchaser for the sum of One
Million Six Hundred Thousand Kwacha (K1,600,000.00).

NOW THIS DEED WITNESSETH as follows:-

In pursuance of the said contract of sale and in consideration of the premises paid by the
Purchaser to the Vendor (the receipt whereof the Purchaser has confirmed) the Vendors as
Beneficial Owner and personal Representative HEREBY VESTS unto the Purchasers ALL
THAT the property described in the schedule hereto SUBJECT TO the conditions in the lease
TO HOLD the same unto the Vendors for the term of years SUBJECT to the payment of the
yearly rent and the lessees covenants and conditions prescribed in respect thereof.

THE SCHEDULE hereinbefore referred to:

ALL THAT piece of land in extent approximately 10 hectares being Stand no 398809 situate in
Lusaka in the Lusaka Province of Zambia which piece of land is more particularly delineated
and described on the Sketchplan attached hereto

3
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and thereon bordered red annexed to the Certificate of Title issued in respect of this piece of
land EXCEPT and RESERVED all minerals oils and precious stones whatsoever upon or under
the said land.

AS WITNESS the hands and Common Seals of the parties hereto the

day and year first before written.

Signed By The Administrator )

of Jimmy Kamona and Monica )

Namonje Kamona )

In The Presence Of: )

Witness

Name:

Address:

Occupation:

THE COMMON SEAL of )

ARDENT ADVENTURES )

LIMITED and Was hereunto affixed )

in the presence of: )

DIRECTOR ARDENT SHAWA:

SECRETARY:

This document is the property of the Zambia Institute of Advanced Legal Education
This document is the property of the Zambia Institute of Advanced Legal Education
 5

QUESTION TWO

2.a. You are approached by a non governmental organisation that wants to regsister a Trust
after a promise of funding from some sponsors from Canada. The NGO explains that they want
to create a Trust for Children between the ages of 3 and 20 years that have learning disabilities.
What are the requirement for registering a Trust?

(7 marks)

2.b. Zambia Petroleum Limited obtains an exploration block for gas in a promising area of
Western province. Stationed on the subject property is the family of Muliokela Muliokela who
cry foul that their family heritage is threatened by this proposed investment. You are hired by the
Zambia Petroleum Limited to advise how the clash with the surface right holder can be lawfully
resolved? Advise citing the law? (5 marks)

2.c. You are phoned by a friend who has in her possession a Deed of adjustment of Priorities
and seeks your understanding of what the document is. Advise (3 Marks)

QUESTION THREE

3.a. Noah Kabani and George Kangwa are partners in the business of the sale of second hand
tyres. They decide to invest in a factory to be making brand new tyres in Zambia and identify a
piece of land in Mpongwe District which is under customary tenure. The land is 20 Hectares in
size and the 2 would like to obtain a certificate of title. Outline the Procedure for conversion from
Customary to Leasehold tenure? (10 Marks)

3.b. Ministry of Justice is desirous of acquiring a property on Independence Avenue which

was previously owned by an embassy that has decided to dispose of its property. You learn that
the lease was for 99 Years up to the year 2015. You have received instructions to secure the interest
of Ministry of justice and ensure a title is prepared to secure the interest of Ministry of justice.
Explain the procedure and documents you will prepare to secure the interest of Ministry of
Justice? (5 Marks)

QUESTION FOUR

4.a. Jimbo Mines and Exploration company Limited has an exploration licence which falls
partly in a forest reserve, partly in a Game Park and also in a Game Management Area (GMA)

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and under customary land in Chief Swatu. The Company has learnt with excitement that there
was a gold rush recently which happened within their licence

area. The majority shareholder, Jimbo Sakala, explains to you that he attempted to obtain
consent from the Chief but the discussions were inconclusive as the two differed bitterly over the
Chief’s demand to have a 50% stake in the Mine. Jimbo Sakala tells you that the Chief will not
have a stake in his mine. He has resolved to set up a mine covering the area of the Forest, Game
Park, Game management Area

(GMA and customary Land. Jimbo learns that there is a lawyer that can advise the way
forward on this matter. You are to advise Jimbo Mining and Exploration Company Limited on
the procedure they can employ, with legal justification, to obtain a mining Licence and exploit
the gold in their mining tenement, kindly do so? (8 Marks)

4.b. Jane Mwanza and Mabvuto Mwanza are siblings that inherited the land from their mother
the late Mavis Mwansa Mwanza. Mabvuto has agreed to relinquish his interest in the property
after the sister Jane settled the debts he owed so many people and negotiated with the Police to
have him released on Bond, after being locked up for days on end by different persons he owed
money. Jane approaches you a lawyer for advice on which documents can be used to remove the
brother from the property as a title holder? (2 Marks).

In addition, prepare a lodgment schedule you would use to effect the instruction? (5
Marks)

QUESTION FIVE

5. A Contract of sale is entered into between Manase Mutakwa as owner of Stand 33552
Chongwe and Harry Mutale of Lusaka for the purchase of the land for K2,300,000. The property
has a statutory lease and measures 3 Heactares. The property is described on diagram No. 873888
of 2023. The parties have agreed on the following:

• If the purchase price is not paid on the date agreed then interest of
5% per Month shall be paid;
• If ZRA assesses the property value higher than the purchase price,
the difference shall be borne by the Vendor;
• Completion to be as soon as possible;
• State consent to be applied for within 5 days of the date of the
contract

This document is the property of the Zambia Institute of Advanced Legal Education
 • Purchase price to be paid in 2 equal instalments on exchange of
contracts and 30th November 2024;
Draft the special conditions (15 Marks)

QUESTION SIX

6.a. A Mortgage is entered into involving a bank called Kings Bank Limited, a company called
YZ Enterprises Limited and Yona Zulu, who is the majority shareholder in YZ Enterprises
Limited. The Bank agrees to advance Yona Zulu a loan of K1,200,000 using the title deed in the
name of the company YZ Enterprises Limited.

Draft the Parties, charging, Testimonium and Attestation clauses of the Mortgage?
(10Marks)

6.b. Draft the Lodgment Schedule showing all disbursements (5 Marks)

QUESTION SEVEN

7.a. Kasuba Kangombe enters into a contract for the purchase of a Kitwe property Stand 29970
Kitwe. The purchase price of K900,000 is to be paid in 3 equal instalments on 3rd March 2024, 4th
September 2024 and 31st December 2024. Possession is given on 4th September 2024. Show how
you will account for interest in a completion statement? (5 Marks)

7.b. A lease agreement is entered into between Jonas Kamanga and Pride Family Mall for 3
years 8 Months. What is the registration fee to be paid at Ministry of lands to register the lease?
(5 Marks)

7.c. Draft the Insurance clause for a tenant in the Lease agreement? (5 Marks)

QUESTION EIGHT

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8. A caveat is registered on a property Lot 98897/M Kafue owned by the late Frederick
Moonga by the Administrator of the estate, Mubambe Mweetwa, in a bid to safeguard the estate
just after his appointment. About 3 months later, the family decides to vest the property in the
names of Muleya Moonga, the son to the late Frederick Moonga. A thorough search of the title
deed reveals that the same is lost or misplaced.

a. What documents do you need to file at Ministry of Lands to apply for a duplicate
certificate of title and how much is the registration fee? (5 marks)

b. Upon successfully obtaining the duplicate certificate of tile, what document will be drafted to
vest the Property in the Names of Muleya Moonga ? (2 marks)

c. Draft a lodgment Schedule for the Transaction in 8.b. above, showing all disbursements?
(5 marks)

d. Three (3) weeks after the issuance of the title in the names of Muleya Moonga, it is
discovered that the instructions of the family were for the property to be owned jointly and shared
ownership with Chimuka Moonga, the young sister of Muleya Moonga. A lawyer advises
Mubambe Mweetwa, the administrator to write a letter to the Registrar to explain the
predicament. Another person advises the family to approach you, the expert, to advise the correct
procedure to be followed. Kindly advise? (3 Marks)

END OF THE EXAMINATION

This document is the property of the Zambia Institute of Advanced Legal Education