eS QUESTION 1 (compulsory) Ms."Angela Majombo acted for Big Jc ala. fifteen years ago as his defence lawyer in en aggravated robbery trial. Sheva! BAC aee Tat why ‘through the trial after Big Joe refused to pay her interim-fée notg: Thelr parting as lawyer/client was very: - acrimonious and to-date she has not been paid her fees. Angela Has Just seen an advertisement by thé police offering a large sum of money for information thet would lead to thé arrest of members.of 6 criminal gang Involved in bank robberies. : ‘ ¢ of her relationship with Big Joe, Ang geng of thieves. which included corrupt persons the police were huntin: were cl en= QUESTION 3 . Jemes Mapen! is owed the sum of K50,000.00 in legal fees by his client Dick Nhen Sending the chequi 5b EhQUESTION 5 In the. case of Rosemary Bwale v Tenson Zulu and Others, SCZ No. 27 of 2010, the: » | supreme Court of Zambia said: “hen a lawyer accepts instructions fro a cliertt, he has-2 duty 10 that client to: advise him orrher on points of Jaw raised by the problem ‘brought-by the Should the-matter owes-8 duty: maintain its dighity aiid integri pnyer, the lawyer is not. Baud Discuss th’s p>Zambia Institute of Advanced Legal Education FEBRUARY 2014 LEGAL PRACTITIONERS QUALIFYING MIDYEAR EXAMINATION _INT (COMPULSORY 40 MARKS) 25 MARKS) Correct the following trial balance and draw up an income statement for the year ended 31 December 2013. Dr cr K K ¥nventory 1 January 2013 S 68> 50,832-00 Garziage outwards 4,800.00 ° +Carriage inwards ao Fett OrOO 4S30. 492007 7,728.00 284,976.00 446,400.00 Ga.693 7,296.00 1,872.00 A 10,624.00 Sifice expenses 10,496.00 dlnsurance 3,984.00 ‘General expenses 7,536.00 Buildings 200,000.00 Motor vehicles £3,300 *3,200000 Furainure 8,400.00 sounts receivable Ga Sok 92,504.88 Accounts payable 81,544,00 11,568.00 28,800-00 343964 563,056.00 Inventory at 31 December 2013 was K70,800.00 (B) (20 MARKS) Mamba has been trading for a number of years as a beker, malcing up accounts each yeor to 31 December 2013. As at 31 December 2013 he was able to extract the following information from his accounting records and hes asked you as his accountant to craw up the statement of financial position as at that date;He owed flour suppliers K13, 695.00. 1) He was owed X7, 125,00 by a grocer who bought bread from him on eredit. B= (c) He hed K450.00 cash in the till Zi (@) The business bank socount wes overdrawn by KS, 385.00 $F e) His inventory of unsold bread was valued at K4, 395.00. “SE(1) He had a van used for deliveries valued at K10, 200.00 on 31 December 2013. L(g) He had bread making equipment valued at K8, 655,00 at the year end, Cep(h) He had paid K6, 000.00 into the business given to him by his wife to assist fim when he wes nearing his overdraft limit with the bank. AF (i) The business made a net profit of K7, 575,00 in the year to 31 December 2013. Dy Gj) Mwamba drew K150.00 each week, for the whole year, and’had no other dray ur, the business. ATL. da The business had a loan fiom Mwamba’s father in law for K6, 000.00. This \was not due forrepeyment until the year 2015. QUESTION (30 MARKS) (A) @0MARKS) Phiri decides to start his own retail business. His mother lends him K9, 000.00, He buys shop fittings costing K12, 000.00 and a van costing K18, 300.00 Phiri buys an inventory of stock of goods costing K17, 160.00 for which he pays K9, 000.00 with the balance payable in two months. After paying for the above Phiri hes K12, 600.00 in the bank and K360.00 cesh. item Calculate Phiri’s capital. (8) (QOMARKS) Complete the columns to show the effects of the following transections: t Effects upon Assets capital Liabilities a) Bought goods on credit K700.00. ») Patel lends the business K300.00 by cheque. ¢) Weretum goods K520.00 to ¢ supplier wh unt was still outstanding d) We pay a supplier K330.00 by cheque.¢) We introduce K10,000.00 into the business by cheque. 2) Bought computer K800.00 for office use paying by cheque, Sold goods for cash K90.00. Ac ys usin cash K144.00, We draw K200.00 cash for own use, We pay business debt K50.00 from wa resources. For each item shown above, you are required to state how it changes assets, capital or liebilities. For example the answer fo (a) will be: (a) Assets capital Liabilities . +K700.00 - +K700.00 QUESTION 3 G0 MARKS) Enser the following which are personal eecounts only. Bring down balances atthe end che month, Ater completing this, state which of the outstanding balances are accounts receivable and which are aocounts payable. 2013 July 1 Credit sales to Fwambo K4, 820.00; Kabwe K580.00; Longwe K17, 740.00; and Chibwe K2, 480.00. July 2 Credit purchases from Wesu K2, 960.005 Jere K540.00; Newa KI, $40.00; and Musonda K2, 160.00. Credit sales to Kabwe K1, 480,00; Longwe K2, 640.00. Crecit purchases from Jere K2, 840.00; Musonda K 880.00. Goods returned to us by Longwe K340.00; Chibwe K880,00. Cash paid to us by Chibwe K1, 600.00, We enum goods to Wesu K160.00; Musonda K360.00. \We receive cheques from Longwe K10, 000.00; Fwambo K4, 820.00. We sold goods on credit to Fwambo K880,00; Kabwe K5, 600.00. ‘We paid by cheque the following: Wesu K2, 800.00; Musonda K1, 000.00; and Nawa K1, 200.00, July 31 We return goods to Musonda K80.00, ng aves eeeQQeESTIOS (00 MARKS) Record the following transections in the books of Matongo balance off the accounts and extract a trial balance as at April 30 2013. Matongo started business with K36, 000.00 in cash. Paid K32, 000.00 of the cash into a bank eccount, Paid rent for shop K1, 200.00 by cheque. nt goods on eredit from Mutale K2, 700.00; Sungwe K1, 248.00; Mwanga K900.00. April 12 Sold goods for eash K1, 800.00. ‘April 13 Bought furniture, paying by cheque, K920.00, 15. Sold goods on credit Simpungwe K720.00; Wiza K1, 468.00; Besa K1, 024.00. April 18 Sold goods for cash, K880.00. ‘April 20 Paid by cheque: Mutale K2, 700.00 and Mwanga K900.00. ‘April 21 Retumed goods to Sungwe K448,00 and paid the outstanding balance on their account by cheque. ht goeds on credit from Murale K880.00, and Sungwe K368.00 Paid wages in cash, K1, 464.00. Cash drawings, K800.00. . Bought van, paying by cheque, K16, 000.00, Sole goods on eredit to Simpungwe K1, 200.00; Wesu K200.00; and Besa K240.00. April 30 Received cheques front the following KI, 468.00. impungwe K720.00 and Wesu QUESTION 5 (30 MARKS) (A) (20 MARKS) Mundja hes drawa up his finencial statements for the year ended 31 December 2013. (On examining them, you find that: (@) Mundia has debited the cost of office equipment K6, 220.00 to the purchases (He vehicle maintenance account | (©) Sale of a building for K200,000.00 has been credited to the sales account | (@) Repayment ofa loan X10,000.00 has been debited to the loan interest account | has debited the cost of repairing office equipment K5,800.00 to the motorsures he has calculated gross profit as K1, 912,400.00 and net profit as Jgnoring any adjustments for deprecation, celeulate revised Figures of gross and net, profits after taking (@) (0 (@) into accouns (B) (10 MARKS) se following accounts would be either a debit balance or credit (c) Chanda (customer) (@ Rent received (¢) Mulenga (a supplie:) (f) Bank loan (g) Carriage inwards (h) Carriage outwards ()) Purchase returns () Sales returnszambia Institute of Advanced Legal Education FEBRUARY 2014 __LEGAL PRACTITIONERS QUALIFYING MIDYEAR cua PAPER 3: CONVEYAN'QUESTION 1 (compulsory) (2) Draft the following Special Conditions In a Contract for Sale: “The property you are selling consists of various bulldings. Tt is egreed that upon exchange of contracts three offices and one warehouse shall be given to the Purchaser to occupy at @ rental cf X2000.00 per month. : Upon receipt of State Consent to St ‘of an additional two offices will be given to the Purcheser et 2 rental of KL000-00 per month and possession of the rast of the: builei ‘of one warehouse and two ‘offices shall be givento the Purchaser upon, ‘comple’ (8 marks) s fb) A’sold Stand 24680 Lusoka to B and B OSA nov to purchase: testes ~ Was agreed that C will Bayos esis ee completion on the 8° January, 3013, A thereafter fell tl and “could not forward the ~-decuments for registetion. “The Purchaser has now collected the documents from A’s office and requested you act for him. You sent the ‘documents for registration but were ejected bby the Registrar. . b Gy Why do you think the Registrar rejected the documer 2 (i) Whet will_ you have to do to have the documents registered in the name Purchaser? (3 marks) nts? (3 marks) of the QUESTION 3 YS (a) You act for the Londiord XYZ United ‘Mr, ABC for a term of three years 40M ABC: certain items of fur ‘The rent is K2000.00 1 jncreased by 4% each year aoe12 tennt will occupy the property quietly (iii) There will be no interference from third parties to the tenant's occupation of the property. (3 marks) . yok -(¢) How much is_the fee payable to ‘the Commissioner of Lands to obtain Consent to Assign? *” (2marks) 2. Que £ QUESTION 5 (a) pap act for the Purchaser and hay oval. The relevant port a exemination pebsr, You are te make your amen er “Your instructions are:Zambia Institute of Advanced = Legal EducationQUESTION1 F Leonard Bwalya died five years 2go, quite wealthy, leaving a Will In which he appointed John Neama, 2 friend, the Executor. John obtained e Grant two months after Leonard's death. Leonerd was survived by Agnes, his widow, and four children, the oldest of whom is now 12 years. - Agnes is in your office and has given you some summons from igh Court. You p from the summons that. Johnis-suing- sand one of the reasons given is:Yeu got ali this information from Anna and Simon Sampa, the widow and elder brother respectively, who are in- your office. They do not know what~can'be done in the circumstances. Can you help? (20 marks) QUESTION 4 Bryson Mwengo wes employed by Barclays Bank of Zambia Plc and seconded to work at e Di company’s ‘branches.in England, He has been out there for seven . 2 dled a month ago in ‘that eountly. is did not leave a Will ‘but hisQUESTION Te Cyrus Chipeta was appointed by his family to be Administrator after his brother Raphael died two months ago in Kafue. He immediately got Raphael's Mercedes Benz car and has been driving it since, Last week, he asked Mary, Raphael's widow, to vacate the ‘matrimonial house as he wants to put a tenant to raise money to pay for school fees for the deceased's children. Mary is in your office and is not happy. Can you help? (20 marks) : QUESTION &Zambia Institute of Advanced . Legal Education FEBRUARY 2014 LEGAL PRACTITIONERS QUALIFYING MIDYEAR PAPER 5: COMMERCIAL TRANSACTIONS WEDNESDAY 19™ FEBRUARY, 2014 TEARS 199 ———FIME+09:00=11:00 HOURS- =qa) Gi) 0) Since it is a fest track court, the Commercial Court can hear applications for Judicial Review. The best way to enforce the rights of the mortgagee where the amount to be paid is ° uncertain is by way of Originating Summons. attner with a human person, Insolvency of the I debtor th ans ee ues ae A limited liability company can be: A guarantee is not discharged ‘by principal debtor breaking the-QUESTION 2 (@) Joseph Zimba was appointed by Bikoloni Masiye to sell his Mercedes Benz car for K150,000,00, According to the appointment letter, Bikoloni Masiye undertook to pay Joseph Zimba ten per centum (10%) of the purchase price as commission. A week later, Joseph Zimba approached Mulenga Chanda, his long-time friend who had previously indicated to” him thet che was looking for a second hand Mercedes Benz car but he was informed that ~——— . she had already bought one from a Zambia Revenue Authority auction earlier in’the month. The following day Mulenga Chanda asked her cousin Foloko Bwalya if he was interested in ‘koloni Masiye arid his answer was in the affirmative. The two (b) Describe what: happer commercial action. (1AN order Lo provect Une Laue GIK Menay! Nereune + orn Kalaluka to register it with the Registrar of Patents end Trade ‘Marks which you successfully did. She has just shown you’ an article published yesterday in three newspapers that Namununea Pharmaceuticals: whose place of business is Stand No. 240 Chinika Industrial Area, Luséka, have just started manufacturing and selling an anti-retroviral drug with a trade mark similar to hers. She is worried that her business is likely to be affected negatively and has instructed you to urgently take lecal action against Namununga Pharmeceuticels, yee ee ()_Ciscuss the legl principles involved and the steps you shouid take on behalf of your client. (10 marks) (i) Whet documents would you file in court to protect your client's interast? (5 marks) () Write short notes on the following: @ — Witness Statement Mortgagar’s Equity of Redemption ii)__Doctrine of Kompatenz-Kompeten? (45 marks) -\ihat advice would you give the two guarantors? _ Discuss the legal principles involved, (40 marks) (0) What is 2 Power of Attorney? How do’ the courts interpfet & Power of Amey (40 marks) --question ss. # @) aio there are similarities in both the Commercial tist end the Generct tist of the High