UNIVERSITY OF BOTSWANA

DEPARTMENT OF LAW

SUPPLEMENTARY EXAMINATIONS 2015/2016

FRONT PAGE

___________________________________________________________________________

COURSE NO. LAW 201 DURATION: 1½ HRS DATE: JULY 2016

TITLE OF PAPER: INTRODUCTION TO PROPERTY LAW

SUBJECT: LAW

TITLE OF EXAMINATION _____________________________

MORNING/AFTERNOON

___________________________________________________________________________

INSTRUCTIONS:

1. THERE ARE FOUR QUESTIONS.

2. ANSWER ANY TWO QUESTIONS.

3. ALL QUESTIONS CARRY EQUAL MARKS.

4. CREDIT WILL BE GIVEN FOR:

a. Effective arrangement and presentation;

b. Clarify of explanation

c. Effective use of relevant authorities

d. Logical argument; and

e. Clear and concise English

___________________________________________________________________________

DO NOT TURN OVER THIS PAGE UNTIL YOU HAVE

BEEN TOLD TO DO SO BY THE SUPERVISOR

Page 1 of 6
QUESTION 1
Cool Air is a company that manufactures and installs air conditioning systems
in large buildings. They clearly state in all their contracts that the air
conditioning systems that they install remain their property until paid for in full,
with a right of removal if the buyer fails to pay for the air conditioning system
within the stipulated time. Cool Air recently entered into such a contract with
the builders of Prosperity Shopping Centre, in terms of which they installed an
air conditioning system at a cost of BWP 2 500 000. In terms of this agreement,
the builder was given three months within which to pay for the air conditioning
system.

Cool Air tells you that the air conditioning system consists of a large
refrigerating unit, measuring four metres by four meters at the base, and
standing three metres high. This unit rests by its own weight on a specially
prepared concrete base. It is possible to remove the refrigerating unit, but a
large and specialized crane is needed to achieve this. The refrigerating unit is
also connected to the electricity and water supply to the building. The rest of the
system is made up of about 150 metres of light steel tubing and ducting that is
interwoven throughout the building as well as individual cooling units in each
shop. The tubing and cooling units can be removed intact, but many large and
unsightly holes will be left in the walls and the ceilings of the building. Cool Air
also tells you that the air conditioning system is a vital part of the ventilation of
the shopping centre, and if it is removed, the shoppers in the shopping centre
will be very hot and uncomfortable.

Cool Air has recently heard that the builders are in financial trouble, and they
approach you for advice. They want to know whether they will be able to
remove the air conditioning system if they are not paid.

Page 2 of 6
Advise Cool Air [30 MARKS]

Question 2

(a) Ishmail owns a game farm in Kasane. He keeps the following animals on

the farm: impala, kudu, eland and Buffalo. Ishmail keeps the impala and
kudu for commercial and hunting purposes, the ostrich for security
purposes and the Buffalo for scientific and research purposes. All of the
animals are allowed to roam freely on the property which is enclosed with
a well maintained game fence.

Following a particularly severe thunderstorm, a part of the fence

collapsed and four kudu, three ostrich and two buffalo wandered onto the
neighbouring farm. The owner of the neighbouring farm, Trust, captured
all of these animals and placed them in a secure kraal from which they
could not escape.

When Ishmail discovered that his animals were in Trust’s control, he

demanded that Trust return them to him. Trust, however, refused to do so.
She claimed that she is the owner of these animals and that she does not
have to return them.
Advise Ishmail (15 marks)

(b) Sydney owns a motor car which he wishes to sell. He takes the motor car

to “Trust’ Best Motors”, a second hand car dealership. Trust tells Sydney
that she is not interested in buying his motor car, but that she is prepared
to help him find a buyer by displaying the motor car on her showroom
floor, together with her other stock-in-trade. Sydney agrees and leaves his

Page 3 of 6
 motor car with Trust. Before leaving, however, he tells Trust that she
must contact him if anyone is interested in buying his car so that he
approves the deal.

After a month, Sydney is shocked to discover that Trust has left the
country. Upon making enquiries, Sydney finds out that Trust has sold the
motor car to Edwin. He also finds out that Edwin has paid Trust for the
motor car and that Trust has pocketed the money.

Sydney does not wish to claim the purchase price from the insolvent
estate. Instead, he wants to recover the motor car from Edwin. Edwin,
however, has refused to hand the car over. Sydney now wants to know
whether he can reclaim the motor car from Edwin.

Advise Sydney (15 marks)

[30 MARKS]

Question 3

“Depending on whether a real right is: (i) newly created without the co-
operation of a predecessor in title; or (ii) already in existence and merely
transferred from one person to another, or (iii) created with the co-operation of a
predecessor in title, a distinction is made between the original and derivative
acquisition of real rights.” Badenhorst, Pienaar and Mostert The Law of
Property 4ed (2003) at 78-79.

Discuss

[30 MARKS]

Page 4 of 6
Question 4

a. In 2010, Motsumi started his business as a barber under a tree across the
road from River Walk Mall. Tired of operating under a tree, Mostumi
decided to put up a shack in 2012 which he constructed using wood and
corrugated iron sheets. In January 2014, Gaborone City Bye Law
Enforcement Officers told Motumi to vacate the ground because he was
an illegal occupier. Motsumi refused to vacate because this would deprive
him of his livelihood.

In June 2016 the bye-law enforcement officers visited the shack while
Motsumi was away and demolished it. They dumped the remains of the
Shack at Gaborone Dumping Site.

Advise Motsumi (15 marks)

(b) Mmoloki owns a house in Broadhurst. She leased the house to Matata at
a rental of BWP5000.00 a month. A week after taking occupation, Matata
bought furniture on hire-purchase from Bennett’s Furniture’s. The
furniture included a double door fridge, a microwave oven and a
television set. Matata has failed to pay rent for the past three months
despite Mmoloki’s repeated demands.
Advise Mmoloki (15 marks)

[30 MARKS]

Page 5 of 6
END OF EXAMINATION

Page 6 of 6