Professional Documents
Culture Documents
LEGAL EDUCATION
PRACTICE FILE
By
SOLLY PATEL
PREFACE
The aim is not to study all the feudal concepts but to provide a
practical guideline and easy reference for those involved in taking
the bar examination as well as those in the practice.
Solly Patel
Lusaka
Zambia
March, 1998
INDEX
1. Preface
2. Notes of Conveyancing
3. Brief notes on Law Association of Zambia
General Conditions of Sale 1977
4. Contracts-Form and Content
5. Formal Parts of Documents
(i) Lease
(ii) Assignment
6. Application for Consent
7. Contract for Sale
8. Certificate of Title
9. Certificate of Title (Common Leasehold Scheme)
10. Steps-Purchase and Sale
(i) Assignment-Freehold
(ii) Assignment-100 years
(iii) Assignment-Presidential Lease
(iv) Assignment-Society
(v) Assignment-Tenants in Common
(vi) Assignment-Former City Council Lease
(vii) Deed of Gift
(viii) Deed of Transfer
(ix) Assignment-Subdivision
(x) Assignment-Common Leasehold Scheme
(xi) Lodgement Schedule
(xii) Assignment by Liquidator
(xiii) Assignment by Personal Representative
(xiv) Deed of Exchange
(xv) Completion of Statement
11. Steps – Mortgage
(i) Mortgage
(ii) Third Party Mortgage
(iii) Further Charge (Third Party)
(iv) Further Charge
(v) Second Mortgage
(vi) Debenture
(vii) Second Debenture
(viii) Debenture and Specific Mortgage
(ix) Memorandum of Deposit of Title Deeds
(short form)
(x) Memorandum of Deposit of Title Deeds
(full form)
(xi) Discharge of Mortgage
(xii) Partial Discharge
12. Leases
(i) Lease
(ii) Lease
(iii) Lease-Description of property
(iv) Renewal of Lease
13. General
(i) Deed of Surrender
(ii) Deed of Postponement
(iii) Deed of Release and Discharge
(iv) Deed of Variation
(v) Deed of Release
(vi) Deed of Rectification
(vii) Application for a separate Certificate of Title
(viii) Notice to Complete
(ix) Assent
NOTES ON
CONVEYANCING
The best known estates in land are called freehold estates, and
leasehold estates or simply a lease.
LEASES
“Definition” of a Lease
A lease is a contract creating an interest in Land for a fixed period
of certain duration in consideration normally of the payment of
rent. An interest created in this way is called a term of years.
Frequently it is referred to as a lease or leasehold interest. There
is no limit to the time for which a lease may be created provided it
is for a specific number of years.
MORTGAGES
WHAT IS A MORTGAGE OF LAND: A mortgage is a conveyance of
an interest in real property as security for the payment of a sum of
money on the condition that interest will be extinguished or
reconveyed when the sum is fully repaid. The person borrowing
the money is called the mortgagor and the lender is called the
mortgagee. The use of the word “Mortgage” is generally, but not
necessary restricted to those instances where the security given is
land or an interest in land. The Law of Property Act 1925 of the
United Kingdom is not applicable in Zambia. The law governing
mortgages is contained in the Conveyancing Act 1881, 1882, 1892,
1911 all being English Acts and in Chapter 185 of the Laws of
Zambia.
The date fixed for repayment is the ‘legal date for redemption’. If
the mortgagor does not repay by this date he looses his legal right
to the land. From this time onwards he has merely an equitable
right to redeem, amounting to an equitable interest in the property.
The Mortgagor’s possession of both (a) a legal right to redeem on
the contract date, and (b) an equitable right to redeem later, is
called his ‘equity of redemption’, and is an equitable interest in
land which he could sell, leave by will, mortgage, etc.
1. Express Grant:
The Common Law required this to be by deed, but equity may
accept ‘part performance’ as making good the absence of a
deed now by S. 6(1) of the Conveyancing ct 1881
conveyances of land include all privileges, easements and
rights, even though not specifically mentioned in the
conveyance.
2. Implied Grant:
This occurs mainly by an owner who sells part of his land
over which he had been in the habit of exercising Quasi
easements. The principle is referred to as the rule in
Whealdon v Burrows and is stated as follows: Where an
owner grants part of his land, the grantee obtains, by
implication easements, which satisfy the following
requirements:
CO-OWNERSHIP
This means that two or more persons are entitled to simultaneous
enjoyment of the land. There are two categories:
(i) Joint Tenancy
(ii) Tenancy in Common
1. Joint tenancy
This is created when land is passed to several persons all at the
same time but with no words stating what share each is entitled to
e.g “to A and B”. The grantees are joint tenants and have separate
rights one against the other, but as regards, persons outside the
group, they are in the position of a single owner.
The right of survivorship i.e jus accrescendi. i.e when one joint
tenant dies, his interest passes to the remaining joint tenants: this
can go on until the last survivor is the sole owner of the land.
Should a joint tenant leave his share by will to someone who is not
a joint tenant, this will be overridden by the rule of survivorship.
N.B. A joint tenant can dispose of e.g sell his interest in the land
while he is alive, but this has the effect of destroying the joint
tenancy and converting it into tenancy in common.
Tenancy in Common
This is to be distinguished from joint tenancy as follows:
(i) Tenants hold individual shares i.e they have quite separate
and distinct interests and are only considered together
because their shares are in property which is as yet
undivided among them. The shares may be 1/5 to A and 4/5
to B.
(ii) The rule of survivorship does not apply. The size of the
shares being already settled, this is not affected by the death
of a tenant. On his death his interest merely passes to his
heirs by will or intestacy.
(iii) Whereas the unity of possession applied, there need not be
unity of interest.
CONTRACTS
If either party wrongfully refuses to complete the contract the
other can sue for specific performance, or if, the contract falls
through because the seller wilfully refuses to sell, the buyer may
sue for damages for beach of contract.
Rule 3 The Vendor must prove that the property described in the
deeds is the same as the property which the Buyer has agreed to
buy.
Rule 4 The Vendor must prove that the land is of the same size and
same nature as the description under which it is being sold.
Defects in the title are those which may expose the purchaser to
adverse claims to the land. In the absence of anything to the
contrary, an agreement for the sale of the land implies that the
whole of the vendor’s interest will be sold.
3. THE DEPOSIT
Where the deposit is taken as agent for the vendor it must be paid
over to the vendor on demand. The Vendor will be liable for the
deposit if it is paid to and then misappropriated by the agent.
The vendor will also be liable where the deposit is paid to an estate
agent “subject to contract” and he subsequently becomes insolvent
before the contract is signed. In the absence of any stipulation as
to how the deposit is to be held in such a case, it is held as agent
for the vendor.
Even where the vendor’s agent holds the deposit as stakeholder the
vendor remains liable on the agent’s insolvency.
Where the vendor is a trustee who has an agent acting for him the
deposit should never be held by that agent as stakeholder for the
trustees would then be in breach of S. 18(3) of the Trustee Act
1893.
If the sale does not take place because the vendor cannot make
good title, the deposit must be returned to the purchaser with
interest (unless otherwise stipulated).
FORMAL PARTS OF DOCUMENTS
LEASE
DATE THIS LEASE made the Day of One
Thousand nine hundred and Ninety-----------------
PARTIES Between
(1)JOHN BANDA of Lusaka in the Republic of Zambia
(hereinafter called “the Lessor”) of the one part and
(2)FELIX PHIRI also of Lusaka aforesaid (hereinafter
called “the Tenant”) of the other part
TESTATUM WITNESSETH as follows:
In consideration of the Rent and the Tenant’s covenants
hereinafter reserved and contained.
DEMISE The Lessor DEMISES unto the tenant
PARCELS ALL THAT dwelling house etc. Situate at
-------------------------------
HABENDUM TO HOLD unto the Tenant from ----------------- for
the term of ---------- years.
REDDENDUM YIELDING AND PAYING therefore during the said
term-------
COVENANTS BY
TENANT THE TENANT HEREBY COVENANTS with the Lessor
as follows:
LANDLORD’S
COVENANT THE LESSOR HEREBY COVENANTS with the
Tenant that the Tenant performing and observing all
the covenants herein contained may quietly hold and
enjoy----------------------------------------------
TESTIMONIUM IN WITNESS whereof-----------------------------------
ATTESTATION Signed Sealed and Delivered ----------------------------
ASSIGNMENT
DATE THIS ASSIGNMENT is made the -------------------- day of
-------------- 19
PARTIES BETWEEN CHARLES CHIKOTI of ------------ (hereinafter
called “the Vendor”) of the one part and DICKSON
DAKA of ---------------- (hereinafter called “the Purchaser”)
of the other part.
RECITALS WHEREAS
---------------------------------------------------------------------------
PURCHASER’S
COVENANTS The Purchaser hereby covenants with the Vendor
-------------------
ATTESTATION IN WITNESS whereof the said parties have
hereto set their hands and seals the day and year.
TESTIMON IUM SIGNED SEALED and DELIVERED
-------------------------------
SIGNED by )
In the presence of: )
WITNESS
Name:
Address:
Occupation:
SIGNED by )
In the presence of: )
WITNESS
Name:
Address:
Occupation:
PARTICULARS
(Description)
3. The period fixed for obtaining the states consent any other
AND
VENDOR’S ADVOCATES:
PURCHASER’S ADVOCATES:
No: ------------------
CERTIFICATE OF TITLE
REPUBLIC OF ZAMBIA
CERTIFICATE OF TITLE
nine hundred and fifty five under the hand and seal of the Registrar
for the unexpired residue of a term of 99 years from the first day of
oils and precious stones whatsoever upon or under the said land.
Signature
Of registrar of Lands & Deeds
Document Registration No.
------------------------------------------------------------------------------------------------------
--------
The reservations
--------------------------------------------------------- restrictions
restrictive
conditions
--------------------------------------------------------- mentioned
contained or referred
to in a lease (a copy of
which is
between
part and
Kachipembe-Limited- of
the
other part)
Limited to secure
K500,000 and
Interest
28.8.75 29.8.75 1234/3
No. 123/2
No. L2748D
REPUBLIC OF ZAMBIA
Registered No. 2
CERTIFICATE OF TITLE
registered proprietor of
ALL THAT piece of leasehold land shown and edged red on the plan (hereinafter
Lusaka Province and with the share of the unit holder in common property being 8.33 per
cent
-------------------------------------------
Registrar
Memorials
___________________________________________________________________________________________
-------------------
STEPS
PURCHASER
1. Conduct searches.
2. Confirm instructions with client.
3. Write to vendor’s Advocates.
4. When draft contract received-approve draft-(do amendments on both
copies). Endorse both contracts “Approved as amended in red” date
+ sign and send copy to Vendor’s Advocates.
5. Request vendor’s Advocates to deduce Title when returning contract
duly executed (This will save time in the long run).
6. When vendor forwards engrossed contracts explain contents to
clients and have same executed.
DEDUCING TITLE
VENDOR
Vendor’s Advocates will photocopy the certificate of title or provisional
certificate and previous assignments etc and send to Purchaser’s
Advocates.
PURCHASER
The Purchaser’s Advocates will investigate Title. He will check that the
Deeds are in order i.e the property belongs to the Vendor and if there are
any encumbrances affecting the property i.e mortgages or leases (he can
request advocates to remove the encumbrances).
DRAFTING ASSIGNMENT
PURCHASER
Purchaser’s Advocates drafts the assignment and forwards two copies to
the Vendors Advocates for approval.
VENDOR
Approves assignment and endorses on both copies “Approved as amended
in red” signs + dates both copies and forwards one copy to Purchaser’s
Advocates.
PURCHASER
Purchaser’s Advocate engrosses the assignment and forwards two copies
to the Vendor Advocates for execution.
VENDOR
Vendors Advocate has assignments and copy executed and prepares a
completion statement to forward to Purchaser’s Advocate.
PURCHASER
Purchaser’s Advocate checks that figures are correct on the completion
statement. The parties then arrange a suitable date for completion.
COMPLETION
This takes places in the Vendor’s Advocates office or at the office of the
person or organisation holding the Deeds i.e mortgages advocates. On
completion the Vendors Advocates hand over to the Purchasers Advocates
the Title Deeds etc. in return for the Purchaser price shown on the
completion statement (make adjustments if necessary).
AFTER COMPLETION
Purchaser’s Advocates prepares lodgement schedule and attends to
registration. Both parties draw bills of costs and send them to their
respective clients.
ASSIGNMENT – FREEHOLD
THIS INDENTURE made the day of One
Thousand nine hundred and seventy BETWEEN
of Lusaka in the Central Province of the Republic of Zambia
(hereinafter called “the Vendor”) of the one part and of Lusaka
aforesaid (hereinafter called “the Purchaser”) of the other part.
IN WITNESS whereof the Vendor and the Purchaser have hereunto set
their hands and seals the day and year first before written.
WITNESS
Name:
Address:
Occupation:
WITNESS
Name:
Address:
Occupation:
ASSIGNMENT 100 YEARS
THIS INDENTURE made the ---------------------- day of ----------------------------- one
thousand nine hundred and ninety BETWEEN a company
incorporated in Zambia and having its registered office at Lusaka in the
Republic of Zambia (hereinafter called “the Vendor”) of the one part and
a company incorporated in Zambia and
having its registered office at Lusaka aforesaid (hereinafter called “the
Purchaser”) 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 One
Hundred (100) years from the 1 st day of July One Thousand Nine
Hundred and Seventy Five created by the Land (Conversion of
Titles) Act 1975 (hereinafter called “the Act”) at the rent reserved
and SUBJECT to the covenants and conditions contained in Part 1 of
the First Schedule to the Land (Conversion of Titles) Regulations
1975 and SUBJECT TO the exceptions reservations restrictions
restrictive covenants and conditions contained in an Indenture of
Grant Final Title made between his Majesty of the one part and
Lionel James Marston of the other party and dated the 31 st day of
March 1975 so far as the same are still subsisting and affect the said
property AND SUBJECT ALSO to the restrictive covenants and the
right of way and with the benefit of the right of way contained in an
indenture of conveyance made between Jacobus Johannes Potgieter
of the first part Alexander Pretorius of the second part and Dale
Motors Limited of the third part and dated the 15th December 1955.
2. The Vendor has agreed to sell the said piece of land to the Purchaser
for the sum of One Million Two Hundred Thousand Kwacha
(K1,200,000.00).
3. The necessary consent in writing to the Assignment hereby made
has been duly obtained.
IN WITNESS whereof the parties hereto have caused their Common Seals
to be hereunto affixed the day and year before written.
DIRECTOR:
SECRETARY:
DIRECTOR:
SECRETARY:
ASSIGNMENT
PRESIDENTIAL LEASE
THIS INDENTURE made the day of one thousand
nine hundred and ninety BETWEEN and
both of Lusaka in the Republic of Zambia (hereinafter called
“the Vendors”) of the one part and also of Lusaka aforesaid (hereinafter
called “the Purchaser”) of the other part.
WHEREAS
1. By a Lease (hereinafter called “the Lease”) dated the Twenty
Seventh day of September, One Thousand Nine Hundred and Eighty-
Nine and made between The President of the one part and Five Car
Hire Zambia Limited of the other part ALL THAT the hereditaments
and premises more particularly described in the schedule hereto
(hereinafter called “the Premises”) were demised to the said Five
Car Hire Zambia Limited for the term of 99 years from the 1 st day of
September One Thousand Nine Hundred and Eight Nine at the rent
reserved and the covenants conditions and stipulations contained in
the said Lease.
2. The premises comprised in and demised by the Lease are now
vested in the Vendors for the residue of the term of years created by
the Lease subject to the rent covenants and conditions contained in
the Lease.
3. The Vendors have agreed with the Purchaser for the sale to the
Purchaser of the said premises subject as aforesaid but otherwise
free from encumbrances at the price of Five Million Five Hundred
Thousand Kwacha (K5,500,000).
IN WITNESS whereof the parties hereto have hereunto set their hands
and seals the day and year first before written.
ALL THAT piece of land in extent 0.3730 hectares more or less being
subdivision 1 of Subdivision A of stand No. 74 situate in the Lusaka
Province of Zambia which piece of land is more particularly delineated and
described on Diagram No. 39 of 1991 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
WITNESS:
Name:
Address:
Occupation:
SIGNED SEALED and DELIVERED )
By in the )
Presence of: )
WITNESS:
Name:
Address:
Occupation:
WITNESS:
Name:
Address:
Occupation:
ASSIGNMENT TO SOCIETY
WHEREAS
1. By a lease (hereinafter called “the Lease”) dated the Twenty
First day of December One Thousand Nine Hundred and
Eight Four and made between the President of the one part
and of the other part ALL THAT the
hereditaments and premises more particularly described in
the schedule hereto (hereinafter called “the Premises”) were
demised to the said for the term of 99 years
from the 1st day of November, One Thousand Nine Hundred
and Eighty at the rent reserved and the covenants conditions
and stipulations contained in the said lease.
2. The premises comprised in and demised by the Lease are
now vested in the Vendor for the residue of the term of years
created by the Lease subject to the rent covenants and
conditions contained in the Lease.
3. The Vendor has agreed with the Purchaser for the Sale to the
Purchaser of the said premises subject as aforesaid but
otherwise free from encumbrances at the price of Thirty
Million Kwacha (K30,000,000)
DIRECTOR:
SECRETARY:
DIRECTOR:
SECRETARY:
ASSIGNMENT
TENANTS IN COMMON
WHEREAS
1. The Vendor is the tenant or lessee for the unexpired residue
of them of 100 years from the 1 st day of July One Thousand
Nine Hundred and Seventy Five of ALL THOSE pieces of land
described in the schedule hereto at such rent and on such
terms and conditions as are hereinafter mentioned.
2. The Vendor has agreed to sell the said pieces of land to the
Purchasers for the sum of Fifteen Million Kwacha
(K15,000,000)
NOW THIS DEED WITNESSETH as follows:
1. In pursuance of the said agreement and in consideration of
the sum of Fifteen Million Kwacha (K15,000,000) paid by the
Purchasers to the Vendor (the receipt whereof the Vendor
hereby acknowledges) the Vendor as Beneficial Owner
HEREBY ASSIGNS unto the Purchasers ALL THOSE the
properties described in the schedule TO HOLD the same unto
the Purchasers as Tenants in Commons in equal shares for
the residue of the said term of years SUBJECT to the
payment of the yearly rent and covenants and conditions
prescribed under the Land (Conversion of Titles) Regulations
1975 and as amended from time AND SUBJECT ALSO to the
exceptions reservations restrictions restrictive covenants and
conditions contained in an Indenture of Grant of Final Title
dated 8th day of June 1926 and made between His Majesty of
the one part and Jacob Patrick Martinus Oastuizen of the
other part so far as the same are still subsisting and affect
the said land.
2. The Purchasers HEREBY COVENANT with the Vendor that
the Purchasers and each of them will at all times henceforth
duly pay all such rent becoming due and observe and
perform the said covenants and conditions on the part of the
lessee to be observed and performed and also will at all times
henceforth save harmless and keep indemnified the Vendor
from and against all proceedings costs claims and expenses
on account on any omission to pay the said rent or any
breach of the said covenants conditions.
3. The necessary consent in writing to the Assignment hereby
made has been duly obtained and Property Transfer Tax paid
to the Collector of Taxes.
4. It is hereby certified that for purposes of any fee and
property transfer tax payable the aggregate amount of value
for this transaction does not exceed Fifteen Million Kwacha
(K15,000,000).
DIRECTOR:
SECRETARY:
SIGNED SEALED and DELIVERED by )
In the )
Presence of: )
WITNESS:
Name:
Address:
Occupation:
WITNESS:
Name:
Address:
Occupation:
ASSIGNMENT-FORMER CITY COUNCIL LEASE
WHEREAS
1. Immediately prior to the commencement of the Lands Act
1995 (hereinafter called “the Act”) the property described in
the schedule hereto was demised to the Vendor for a term of
99 years (less the last 3 days thereof) from the 8 th day of July,
One Thousand Nine Hundred and Sixty Nine subject to the
payment of the rent and covenants and conditions contained
in a Lease (hereinafter called “the Lease”) dated the 20 th day
of May One Thousand Nine Hundred and Sixty Nine and
made between The City Council of Lusaka of the one part and
of the other part.
2. The said piece of land comprised in and demised by the
Lease is now vested in the Vendor for the residue of the term
of years created by the Lease.
3. By virtue of Section 6 of the Act the Vendor is deemed to hold
the said property from the President for the term of 99 years
from the said date and upon the same covenants and
conditions as mentioned in the Lease.
4. The Vendor has agreed to sell the premises comprised in and
demised by the Lease to the Purchaser for the residue of the
term of years created by the Lease at the Price of Ninety
Million Kwacha (K90,000,000).
WHEREAS
1. By an Indenture of Lease (hereinafter called “the Lease”)
dated Twenty Sixth day of December One Thousand Nine
Hundred and Seventy Nine and made between the President
of the one part and the Donor of the other part ALL THAT the
property described in the was demised to the Donor for the
term of 99 years from the 8th day o April One Thousand Nine
Hundred and Seventy Nine SUBJECT to the payment of the
yearly rent and the performance and observance of the
covenants on the part of the lessees and the conditions by
and in the lease
2. The Donor is desirous of transferring to the Donees the said
property described in the schedule hereto by way of gift.
ALL THAT piece of land in extent 4047 square metre more or less
being subdivision No. 101 of Farm No. 707 “Emmasdale” situate in
the Lusaka Province of Zambia which piece of land is more
particularly delineated and described on diagram No. 843 of 1970
annexed to the Certificate of Title relating to the said land EXCEPT
and RESERVED all minerals oils and precious stones whatsoever
upon or under the said land.
AND WHEREAS the Vendor has subdivided the said land into two
portions, being the Remaining Extent of Subdivision 12 of
Subdivision L of Farm 34a and Subdivision A of Subdivision 12 of
Subdivision L of Farm No. 34a.
AND WHEREAS the Vendor have agreed with the Purchaser for the
sale to the Purchaser of Subdivision A of Subdivision 12 of
Subdivision L of Farm No. 34a and more particularly delineated
and described in the second schedule hereto at the price of twenty
million kwacha (K20,000,000).
WHEREAS
1. The Vendor is the tenant or lessee for the unexpired reside of
term of 100 years from the 1st day of July One Thousand Nine
Hundred and Seventy Five of ALL THAT piece of land
described in the Schedule hereto as such terms and
conditions and as such covenants as hereinafter mentioned
2. The Vendor has agreed to sell the said piece of land to the
Purchaser for the sum of Seventeen Million one hundred
thousand kwacha (K17,100,000)
DISBURSEMENTS
Assignment
Registration K500,000-00
Certificate of Title K26,000-00
LODGEMENT SCHEDULE
DISBURSEMENTS
Registration K450,000-00
Certificate of Title K 26,000-00
------------------
K476,000-00
-----------------
WHEREAS
1. By a Lease (hereinafter called “the Lease”) dated the Thirty-
First day of March, One Thousand Nine Hundred and Forty
Seven and made between His Majesty of the one part and
Thatcher Hobson and Company Limited of the one part ALL
THAT the hereditaments and premises more particularly
described in the schedule hereto (hereinafter called “the
Premises”) were demised to the said Thatcher Hobson and
Company Limited for the term of 99 years from the 1 st day of
October One Thousand Nine Hundred and Forty Six at the
rent reserved and the covenants conditions and stipulations
contained in the said Lease.
2. The premises comprised in and demised by the Lease are
now vested in the Company for the residue of the term of
years created by the Lease subject to the rent covenants and
conditions contained in the Lease.
3. The Liquidator has agreed in the name and on behalf of the
Company with the Purchasers for the sale of the premises to
the Purchasers for the sum of One Hundred and Fifty Million
Kwacha (K150,000,000).
ALL THAT piece of land in extent 1.012 acres more or less being
Plot No. situate at in the Eastern Province of
Zambia which piece of land is more particularly delineated and
described on Diagram No. 215 of 1946 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.
WITNESS
Name:
Address:
Occupation:
WITNESS
Name:
Address:
Occupation:
SIGNED SEALED and DELIVERED by the )
Said in the )
Presence of: )
WITNESS
Name:
Address:
Occupation:
ASSIGNMENT BY PERSONAL REPRESENTATIVE
WHEREAS:
(hereinafter called “the Testator”) was the tenant or lessee
for the unexpired residue of a term of 99 years from the 1 st day of
October One Thousand Nine Hundred and Sixty Three created by a
Lease made the 28th day of May, 1965 and made between the
President of the Republic of Zambia of the one part and the
Testator of the other part (hereinafter called “the said Lease”) of
ALL THAT piece of land described in the Schedule hereto at such
rent and on such terms and conditions and such covenants
hereinafter mentioned.
WITNESS:
Name:
Address:
Occupation:
WITNESS:
Name:
Address:
Occupation:
DEED OF EXCHANGE
WHEREAS
The Company and the Exchanger are the Tenants or Lessees for
the residue of a term of 100 years from the 1 st day of July, 1975
created by the Land (Conversion of Titles) Act 1975 of ALL THOSE
pieces of land described in the First and Second Schedules hereto
respectively at such rent and subject to the exceptions reservations
restrictions restrictive covenants and conditions in an Indenture of
Grant Final Title dated 18th day of March, 1918 and made between
the British South Africa Company of the one part and Elsie
Cunningham of the other part so far as the same are still subsisting
and affect the said pieces of land.
DIRECTOR:
SECRETARY:
WITNESS:
Name:
Address:
Occupation:
COMPLETION STATEMENT AS AT 1ST MARCH, 1997
IN RESPECT OF STAND 456
LUSAKA
MORTGAGE
ACTING FOR BORROWER
1. Instructions
2. Searches
3. Write to Building Society’s Advocate and deduce title
4. Approve mortgage (and guarantee) and have same executed
5. Return to Advocates for Building Society
6. Advocates of Building Society will forward completion
statement showing the net advance you will receive on
completion. Check and see if it is correct.
7. Arrange completion
8. Draw Bill of Costs
NOTE:
Mortgagees effecting Companies should be registered with the
Companies Registry as well.
OTHER MORTGAGES
ACTING FOR MORTGAGEE
1. Instructions
2. Deeds
3. Amount of mortgage, interest, repayment etc.
4. Confirm instructions and write to the other side and ask to
deduce title
5. Searches
6. Draft Mortgage
7. Have it approved by the other side
8. Engross and have it executed and prepare Completion
Statement
9. Arrange Completion
10. Register
11. Account to client and do Bill of costs
WHEREAS the Bank has agreed to make advances and give other
accommodation to the borrower upon having the same secured in
the manner hereinafter appearing.
And from the time when any demand shall be made until payment
to the Bank in full of the total sum then due to the Bank to pay to
the Bank (as well after as before any judgment) interest on such
total sum or on so much thereof as shall remain owing from time to
time at the rate of the Bank current from time to time or such other
rates as shall from time to time be agreed between the parties
hereto such interest to be computed from the time when such
demand shall be made and to accrue from day to day and be
payable on demand.
IN WITNESS whereof the Borrower has hereunto set his hand and
seal the day and year first before written.
WITNESSETH as follows:-
1. The Mortgagor as the Beneficial Owner hereby demises unto
the Bank ALL THAT the hereditaments mentioned or
described in the Schedule hereto (hereinafter called “the said
hereditaments”) TO HOLD the said hereditaments UNTO the
Bank and its assigns SUBJECT to the proviso for redemption
hereinafter contained with payment to the Bank on demand
of all money and liabilities whether certain or contingent now
or hereafter owing or incurred to date from or by of
Mkushi in Zambia (hereinafter called “the Customer”) on any
current or other account or in any matter whatever as
principal or surety and whether alone or jointly with any
other person and in whatever name style or form including.
PROVIDED THAT
(a) the aforementioned limited of recoverability shall not in
any way prejudice or affect any fight of the Bank
independently of this Deed to recover the total sum due
from the Customer and on such count or in such manner
as hereinbefore mentioned or any excess of such total sum
over and above the limit aforesaid and
(b) if the total liability of the customer exceeds the said limit
the Bank may conclusively determine what part of the said
total liability not exceeding the limit aforesaid shall be
deemed to be secured.
11. The Bank may at all times without discharging or in any way
affecting the security hereby created:
12. The security hereby created shall not have affected by any
failure by the Bank to take any other security or by an
invalidity of any such security taken or by any existing or
future agreement by it as to the application of any advances
made or to be made to the Customer.
17. The expression “the Mortgagor” and “the Bank” where the
context so admits includes their respective successors in title
and assigns and if there are two or more persons parties of
the first par all covenants herein contained or implied on the
part of the Mortgagor shall be deemed to be joint and several
covenants on their part.
DIRECTOR:
SECRETARY:
FURTHER CHARGE
THIRD PARTY
THIS FURTHER CHARGE is made the day of
One Thousand Nine Hundred and Ninety BETWEEN
of Lusaka (hereinafter called “the Mortgagor”) of the one
part and a Company incorporated in Zambia and having its
registered office at Lusaka (hereinafter called “the Bank”) of the
other part.
WHEREAS
1. By a Third Party Mortgage dated the 4th day of November
One Thousand Nine Hundred and Eighty-eight (hereinafter
called “the Mortgage”) and made between the Mortgagor of
the one part and the Bank of the other part the
hereditaments hereinafter described in the Schedule were
mortgaged by the Mortgagor to the Bank to secure amounts
up to Sixty Thousand Kwacha and interest advanced by the
Bank to (hereinafter called “the Customer”).
2. The Bank has agreed to make further advances to the
customer in excess of the advances secured by the Mortgage
upon having such advances secured in manner hereinafter
appearing.
IN WITNESS whereof the Mortgagor has hereunto set his hand and
seal the day and year first before written.
WHEREAS
interest.
2. The Bank has agreed to make further advances to the
hereinafter appearing.
NOW THIS DEED WITNESSETH as follows:-
1. In consideration of the Bank agreeing to make further
advances to the Mortgagor the Mortgagor as beneficial
Owner HEREBY CHARGES all those hereditaments and
premises described in the Schedule hereto with repayment to
the Bank of all monies due by the Mortgagor to the Bank and
the said hereditaments and premises shall henceforth stand
charged with repayment to the Bank of the said further
advances and interest thereon as well as all monies due to
the Bank in pursuance of the Mortgage and no part of the
said hereditaments and premises shall be redeemable until
the monies hereby and by the Mortgage secured shall have
been repaid to the Bank.
2. Except in so far as the same are hereby varied the powers
trusts covenants and provisions in the Mortgage contained
either for the better securing of the repayment of the
principal and other monies hereby secured or otherwise shall
extend and be applicable to secure the payment of the
principal and interest and other monies hereby covenanted to
be paid in the same manner as nearly as may be if the same
had been repeated with reference to all monies and interest
secured by the Mortgage and by these presents respectively.
3. This shall be registered as a collateral security for a further
advance of Seven Hundred and Ninety Thousand United
States Dollars ($790,000-00).
DIRECTOR:
SECRETARY:
SECOND MORTGAGE
WHEREAS
1. BY a Lease (hereinafter referred to as “the Lease”) dated
and Fifty Eight and made between the Crown of the one part
vested in the Vendor for all the unexpired residue of the said
Lease except the last ten day s thereof as security for the
SECOND MORTGAGE
WHEREAS:
1. BY a Lease (hereinafter referred to as “the Lease”) dated
Twenty-Sixth day of September One Thousand Nine Hundred
and Fifty-eight and made between the Crown of the one part
and of the other part the Crown demised to the said
the property described in the Schedule hereto for the
term of Ninety-nine (99) years from the 1st day of January
1958 at the yearly rent of Four Kwacha Forty Ngwee (K4.40)
and subject to the covenants by the Lessees and the
conditions therein contained
IN WITNESS whereof the Borrower has hereunto set his hand and
seal the day and year first before written
ALL THAT piece of Land extent two decimal point Two anion six
(2.2116) hectares more or less being Plot No. 73 Kaniki situate in
the Copperbelt Province of Zambia which piece of land is more
particularly delineated and described on Diagram No. 774 of 1958
annexed to the Certificate of Title issued in respect of the said
piece of land and thereon bordered red
WITNESS:
Name:
Address:
Occupation:
DEBENTURE
WITNESS as follows:
1. The Company will pay to the Bank on demand all money
which now is or at any time hereafter may become due or
owing to the Bank or for which the Company may be or
become liable to the Bank on any current or other account or
in any manner whatever and on any current or other account
or in any manner whatever (and in the case of both money
owing and liabilities incurred whether alone or jointly with
any other person and in whatever style or name and whether
as principal or surety) together with interest at the rate
current from time to time or at such other rate as may from
time to time be agreed to the date of repayment commission
banking charges legal and other costs charges and expenses
4. The Company will deposit with the Bank and the Bank during
the continuance of this security shall be entitled to hold and
retain all deeds and documents of title relating to the
Company’s property (and any insurance policies thereon) for
the time being.
10. The Company covenants with the Bank that during the
continuance of this security the Company:
12. The Company shall pay the bank’s proper Advocates costs
and all duties in connection with the preparation and
registration of this security
Director:
Secretary:
MEMORANDUM OF DEPOSIT OF TITLE DEEDS
(SHORT FORM)
THIS MEMORANDUM OF CHARGE made by me
WITNESSETH as follows:
1. Certificate of Title
No. 55748
2. Valuation Report
Name:
Address:
Occupation:
MEMORANDUM OF DEPOSIT OF TITLE DEEDS
(FULL FORM)
presence of:- )
DISCHARGE OF MORTGAGE
No. 396a Lusaka and hereby discharges the said piece of land from
2.
2.
2.
2.
DIRECTOR:
SECRETARY:
PARTIAL DISCHARGE
under the Building Societies Act 1968 and having its Chief Office at
WHEREAS
the one part and the Society of the other part (hereinafter called
day of July One Thousand Nine Hundred and Seventy One and
made between of the one part and the Society of the other part
AND WHEREAS the said piece of land has been subdivided into
No. 441a.
The Society being satisfied with the security that shall remain after
ALL THAT piece of land in extent Four Thousand One Hundred and
the Certificate of Title issued in respect of the said land from the
WITNESSETH as follows:
TO HOLD unto the tenant from the 1st day of September One
payable as follows:-
(a) Rental for the first Sixteen (16) moths of the term
parties and
premises and the roofs and main walls and the exterior
(c) That the Tenant paying the rent hereby reserved and
hereinbefore contained
in force
shall not more than one year nor less than three
desire and if the Tenant shall have paid the rent hereby
course
IN WITNESS whereof the Landlord has set her hand and seal and
the Tenant has caused its common seal to be hereunto affixed the
WITNESS
Name:
Address:
Occupation
presence of: )
DIRECTOR:
SECRETARY:
LEASE
Repair (i) to maintain and keep the roof outside walls and
timbers of the
Building and the halls stairways and convenience
intended for the common use of the occupants in
good repair and in a clean proper and sanitary
condition.
Head (ii)to pay the rent reserved by and to observe the
covenants
Lease contained in the Head Lease and to keep the
Tenant indemnified against the same and (subject
as hereinbefore mentioned) against all rates and
taxes which now are or may hereafter become
payable in respect of the demised premises.
Production (iii) at the request and cost of the Tenant to
produce to the Tenant the Head Lease and to
furnish copiers thereof.
Peaceful (iv) that the Tenant paying the rent hereby reserved
and observing
Possession and performing the several covenants and
stipulations herein on its part contained shall
peaceably hold and enjoy the demised premises
during the said term without any interruption by the
Landlord or any person rightfully claiming under or
in trust for it.
WITNESS
Name:
Address:
Occupation:
WITNESS
Name:
Address:
Occupation:
LEASE
DESCRIPTION OF PROPERTY
WHEREAS
AND WHEREAS
IN WITNESS hereof the Landlord has hereunto set his hand and
seal and the Tenant has hereunto caused its Common Seal to be
affixed the day and year first before written
DIRECTOR:
SECRETARY:
DEED OF SURRENDER
DIRECTOR:
SECRETARY:
DIRECTOR:
SECRETARY:
DIRECTOR:
SECRETARY:
DEED OF SURRENDER
WITNESS:
Name:
Address:
Occupation:
WHEREAS
1. By a Mortgage (hereinafter called “the First Mortgage”)
dated 27th day of February, 1959 and made between the
Borrower of the one part and First Permanent (1962)
Building Society of the other part the property described in
the Schedule hereto was demised to the First Permanent
(1962) Building Society subject to the proviso for redemption
therein contained on payment of the principal sum of
Seventeen Thousand Kwacha (K17,000.00) with interest as
thereon as therein mentioned.
2. By a mortgage (hereinafter called “the second Mortgage”)
dated the 6th day of November 1970 and made between the
Borrower of the one part and Zambia Bank Limited of the
other part the said property was demised to Zambia Bank
Limited subject to the First Mortgage and subject to the
proviso of redemption therein contained on payment of the
principal sum of Ten Thousand Kwacha (K10,000.00) and all
other moneys thereby secured.
3. By a Deed of Transfer of Engagements dated the 14 th day of
April 1971 and made between First Permanent (1962)
Building Society of the one part and the Society of the other
part all funds properties securities and assets of First
Permanent (1962) Building Society were vested in the
Society.
4. By a Deed of further charge dated the day of 1973
(hereinafter called “the Further Charge”) and made between
the Borrower of the one part and the Society of the other
part the said property was further charged to secure the
payment of the sum of Thirteen Thousand Three Hundred
Kwacha (K13,300).
5. Prior to the execution of the Further Charge the parties
hereto agreed to execute this Deed to secure the priority of
the Further Charge to the second mortgage.
DIRECTOR:
SECRETARY:
MEMBERS OF THE
SEALING COMMITTEE
SIGNED SEALED and DELIVERED by )
the Borrower in the presence of )
Witness:
Name:
Address:
Occupation:
DEED OF RELEASE AND DISCHARGE
WHEREAS
1. This agreement is supplemental to a Deed of Guarantee
(hereinafter called the Principal Agreement) dated the 9 th day
of October One Thousand Nine Hundred and Seventy Five
and made between the Guarantor of the one part and the
Society of the other part.
2. The said Guarantor desires to be released and discharged
from the further performance of the Principal Agreement and
the Society has agreed to release and discharge the
Guarantor upon the terms that the Contractor shall
undertake to perform the Principal Agreement and to be
bound by the terms thereof.
DIRECTOR:
SECRETARY:
SEALING COMMITTEE
THE COMMON SEAL of )
DIRECTOR:
SECRETARY:
DEED OF VARIATION
other part.
Eighth day of June One Thousand Nine Hundred and Fifty Four and
made between Her Majesty of the one Part and the Lessees of the
acre more or less being plot number 1696 situate in Lusaka in the
the said Lease was demised unto the Lessees for the term of ninety
nine years from the first day of October One Thousand Nine
sign writers.
hereinafter provided.
1. That with effect from the date hereof the said Lease be
Lease.
IN WITNESS whereof The Commissioner of Lands for and on
behalf of the President has hereunto set his hand and seal the day
by )
WITNESS
Name:
Address:
Occupation:
DEED OF RELEASE
WHEREAS
dated the 1st day of May One Thousand Nine Hundred and
Zambia of the one part and the Grantor and the Donee of the
tenants for the term of 99 years from the 1 st day of April One
contained.
2. The Donee is the wife of the Grantor.
Donee.
for all the residue of the said term of years created by the
2. The Donee hereby covenants with the Grantor that the Donee
and her assigns will at all times henceforth duly pay all such
IN WITNESS whereof the Grantor and Donee have set their hands
Title relating to the said land EXCEPT and RESERVED all minerals
oils and precious stones whatsoever upon or under the said land.
by )
In the presence of )
WITNESS
Name:
Address:
Occupation:
by )
In the presence of )
WITNESS
Name:
Address:
Occupation:
DEED OF RETIFICATION
AND WHEREAS the parties hereto have agreed that the Mortgage
does not accurately describe the property mortgaged and are
desirous of rectifying the mortgage in manner herein appearing.
IN WITNESS whereof the Borrower has hereunto set his hand and
seal and the Society has hereunto caused its Common Seal to be
affixed the day and year before written.
WITNESS:
Name:
Address:
Occupation:
2. If you fail to comply with this notice within fourteen (14) days
of the date hereof the said SKIN MABONZO LIMITED will
either rescind the contract or seek specific performance in
accordance with the provisions of the said agreement and
will claim from you any loss occasioned by your failure to
complete and all losses damages and expenses incurred by
them by reason of your delay or default in performing the
said Agreement.
P O BOX 552
NDOLA
ASSENT
Do this Day of
1992 hereby:
WITNESS:
Name:
Address:
Occupation: