COUNCIL OF LEGAL EDUCATION, EXAMINATION FOR ADMISSION ‘TO THE ROLL OF ADVOCATES, TUESDAY 22° JUNE 2021 DURATION: 3 HOURS. (a) This paper contains Five (6) printed pages including the cover page, with a total of Six questions. () Candidates MUST answer FIVE (6) questions. (©). Question ONE is compulsory and carries 20 marks. (@)_Allother questions carry 10.marks each. (©) Answers MUST be supported by relevatit case law and statutory provisions where requited. PLEASE TURN OVERQUESTION ONE Reverend Belinda wrote aid executed a Will on'1** march 1999. The Will partly reed as follower - 1. Frevoice all previous Wills and testament. 2. Lappoine my-confidant Pastor Banda of P O Box 10, Mawinguas executor. 3. My ploi/7020 fs to be divided into four equal partions for my children as follows: x TS e ¥ D X- Access road to be curved ol aF plat O ‘4- Maria (Daughter) B- Anita (Daughter) = Johanne {Son} B-Family plot te-be held in the joint names of all my children 4. Any ather property or possession af which | may die possessed shal! be sold under tha supervision, (of my sald exectitor and the proceeds divided equally to all my descendants. ‘The Will was witnessed by her hwo friends, She made her children awaie of the Will and gave a capy to ach of them and x copy to her executor. Sbx (6} years after executing the Wil, Pastor Belinds fell seriously ill. at the time of her linass, her two daughters were out of the country for further studies leaving her with her son Johanna and his wife. One moming, Pastor Belinda siffered wild stroke and Jurs. Johanta ho was the obly person with her ab. the time Insfsied that she would call the dactor only I Pastor Belinda revoked her Wiltand bequeathed everything to Johanna and hersett. Mrs. Johanna then broughitin a tape recarder and asked Pastor Belinda to mate ap oral Will. Pastor Batinds wiillet fn pain and in the hope that Mrs. Johanna woud call the doctor immediately, mumbled a few words tothe effect that ‘have given everything | own to Joharina and in case of anything, Johanna and his wife shall Inherit my estate and property.* Pastor Belinda died a few weeks later in the hands of Johanna & his wife, The |e daughters, Antta ard Matia travelled to attend the funeral and-were not happy with Johanna 2s he had not Informed-them that their mother vas seriously Ul and insisted he had told them she was cing Dotter. After the funeral, Johanna and his wife began selling the deceased's personel-effects including Jewellery, clothes and an old Deihatsu motor vehicle which they sold as scrap. They did not attempt to share with the daughters any of the proceeds of sale andwhen they approached Johanna, ‘ie indicated that everything beloiged to him as he was the ane who took eare of the deceased in her tinal days and ‘Ut she had changed fer Wil giving him arid is we everything. When they challenged him to produce -acapy of her new Wil, he brought the tape-recorded message and asked thei to Ysten, After Ustering to the recording, they were of the view that their mother must have-been under a lot of pafnand duress as the sentences ware ineoherent. However, laced with the new set of cifcumstances, they approached patter Banda on the ise but he “as equally confused and asked thert-to walt upon the Lord. The Ewa taugiters ten sought legal services on the Issue, 8}, Using case-law and statutory provisions, discuss the validity or othenvise of the oral Wil visie- vis Ure writen Will executed on March 1999. 6 marke) 1b) ame and discuss 3 methods of revoking # WAL by a testator. (6 marks) ©) In ightof the above narrative; f, Identify the tyae of grant.to'be applied for, (1 marig 4. Identifye forms and documents required inyour appication and outline the procedure up to confirmation of grant. (a marie) Page 2oks«) :Draw a schedule-of elstribution of the deceased's estate th ight of the above natrie. vee vos 7 @ marks) QUESTION TWO - 'n 1995, Josiah started a school in Umoje.and it was very successful. Upon fits demise in 2005, his son. itichael and daughter Veronica were appointed as adminfstrators of his Vast estate which included rental prapertes. Before the grant was confirmed, Mithal did fn: 2010 leaving Behind Gro whvs, Faith and (ride‘and six etiteren who are all ijpots and ty plots tn Ngong Town: Faith and Linda have: applied for grant:of letiets.of administration and the case fs stil pending. The childion’s fees are pending, They liave sold one: of the parcels of land:to Kennedy. They also want Yeronica-to give:them more money ftom rent but she has declined, Faith’and: Linda have. filéa an application against Veronica secking orders that she gives a true and erate accent aba tie isn i cha ad the rom propre, Secon ey pray that they’be appointed administratbis te avéreee the.school and the rental properties. Thirdly, they payee Weronica be stopped (fom collecting rent and school income. Faith and Linda have visited tke fic where you ars'aBtached as a.Pupit and your Pupil Master fas asked you t6.sesearch on the following tgsuesi~ 8} Identify the issues raised for determination and highlight the rights, if'any, eccruiny to Faith and. Linda, toting to apply the relevant law and legal precedes. (5 marks) by ofbré’Kerinedy takes, possession of the Ngang plot, Veronica approached the Firm along with Faith and Linda and offers to increase the amount for the children’s fees and upkeep pending confirmation of grarit of Josiah’s estate. Immediately thereafter, Faith and Linda apply.to.court for Stders restraining Kennedy from in anyway intermeddling and or interfering with and entering {oto'the Nzong property.. Kennedy files similar objection against them claiing a purchaser's ‘rights and prays that Faith and Lina be themsztves restrained fram intermeddling. The jude, requests You as his research assistant lo prepare a vell-articulated legal opinion In the matter, Prepare the legaLopinion-on thetmatier: : ( marie) QUESTION THREE According 8 the traditfons of the Wakeniia vibe, itWas a gentral rulé passed on from génerdtions that ‘womelt weve not entitled fo avin land,, [twas generally known that ‘ahd had its owners and these were fotworen.” (This, if a man was sirvived by daughters only and his wife, the deceased's brothers would ‘eke charge of the adininistration of the estat@ and if there were no brothers, the cian would select any tember to bein charge. Married daughters Were never considered beneficiaries of their father’s estate and unmarried dauihters were not entitled to own tei father’s land but would be shown a place to live and cultivate without any ownership of control rights, Divorced/retumee women wers shunned and upon returning to thelr parerits’ hame, would be shoyn'a sinall strip of land to live-and cultivate. The land tite. would always be in the name of the male figure in the famity/clan. Adiministration of estates ‘was applied for atthe District Commissioners offices-and the grant tssued by the District Magistrate, Unknown tothe Wekanda people, the county care up with anew Act knoyh as the Law of Succession Act, 1981. In:spite of this new Act, the Wakanda péople continued to apply their traditions as regards matters of fréctance/succession.. Among the Wakanda pedple; there lived one Mr. Gitonga who owned a lafge: tract of Jand anc two-town plots in'the.nearby shopping centre. Mr. Gitonga was blessed with 3 niger ont) He contaoplated Waving arather ite teas Rosia us ee aes 0, he died abruptly on" august 1985. He was Survived .by-his wife Josphine and 3 daughters. One daughter. ‘Meréy: Was:martied neaiby andthe other two daughters Zipporah and Gladys were unmarried: Page 30fSSubsequently, the clan sat to discuss ackuinistration of the estate of Gitonga {deceased}. They allowed his wife to continue fiving in the matrimonial home: together with the unmarried daughters. [t was decided that since Mercy'was married, she was not entitled to a portion of the land. As the deceased had no brotiers, the clan then eppointed a cousin of the deceased, Mr. Maing! to be the administrator cof tho.estate, Mr. Maing! then proceeded with administration through the.tocal administration ‘offices and his application was sanctioned by the District Magistrate Wakanda. The estate was subsequently distributed as per the traditions of the Wakanda people. Jn:the meantime; Mercy was chased away: by her husband and she sought refuge in her mother's house. ‘The cian allowed her temporary occupation fn her mother’s holse"and they built for her a small mad house at the far end of her deceased father’s land where returneewamen are formally settled. They allowed her to cultivate a very smal strip of land but not to own any tand. erey was not comfortable. but she had no option. ‘Sometimes.in November 1990, the pro bono laviyér’s association visited the ‘Wakanda- independent church to give a talk on inheritance and ptoperty. etc, her sisters-and mother attended the talk. They were surprised that ‘women were actually allowed to inherit and a title could be in the name of'@ woman. They tock the contacts of one lawyer and a week later, they were in his office seeking tegal adviée, Cénsidering that thay are caught in between custom and statute law: 1a) Using case. taw and relevant, statutory provisions analyse the legal posttion as regards Administration of the deceased's estate tn thie context of the narvative. In your answer, state whether the deceased's wife'and daughters have.a claim or not. (@ marks} 1b} Name two (2) instances where the Lay of Succession ict allows for the application of African Custorbary Law, ‘@ marke) ‘QUESTION FOUR ‘rs, Makonde'a widow died on 13° August 2017 th the city of Port Victoria, She dled testate having executed @ vill five years before her death. Mrs. Matonde did rot appoint an executor but she Categorically stated how her property would be shared! out. As per her will, the beneficiaries of her estate were her 5 chitdren who were to inherft her estate in-equal:shares, Her Will was witnessed by her cousin and her nephew who were both adults. after her deat, the-children armed with:the Will ‘sought lewal services as regards administration of the deceased's estate. A]. in ight of the narrative, explain the legal postton fn regard to administration of the deceased's estate, (marke) by Draft the relevant petition:to be filed in light of the narrative, (6 marks) QUESTION FIVE frecious, an astute fartier ond business lady died intestans folowing & tragic road accident on 204 December 20a. She was survived by her mather Mrs. Blessing Makor! and ane dauatter, 2 minor. Her farming activities included rearing goats for milk and planting various foad erops. A the time of her death, the tomatoes in her farm were teedy for harvesting and the potalwes In the store were set to be transported and sold in the math city market. Precious also owed some wooden structures where she collected rent by the 5* of every month. After the funeral, the mother of the deceased felt that she needed to take steps to protect the estate of the deceased, She knew that ifshe did rot take immediate ‘ction; the food crops would get spoilt and the tenants in'the wooden structures could take advantage Boge dofofthe deceased's absence to abscond paying rent and end up committing acts detrimental to the estate of the deceased, Ars. Blessing Makoni hes sought your services as a lawyer on the immediate action she needs'to take. 3) Using case law and statutory provistons, discuss the type of greht required. (marks) ) -Draftthe relevant petition on behalf of Hrs. Blessing Makoni, témarks) )_ Identify the grant that would be required to Sstitute lagal pracéédings on behalf of the decensed arising outof the road accident: (mark) QUESTION Six ‘ie, Singh, died estate ani 19 Ailgist 2017, He was survived by his wife Asmara and his four childran; Peitf(daughter), Bimal son}, Tejf (son) and Male (daughter). AS per his Wil, Me, Singh appointed! Blin 2s the sxecutbr., He further indicated that his estate wotld be shared equally among his children and his wite would only have a life interest in hs immovable property. Three month after his cremation, the femily.soughe to inftiate the process of succession as per the wil. However, the appointed executor Bimal was not ‘cooperative. He. indicated fhe would not commence the process until the other ‘beneficiaries considered giving firma larger portion of the deceased's estate, He based his argument on {he fact that Pritt was single with no children, Malt was matried to a rich man, Tejf was single with no ‘children yet cfs part, he-had a wife and a daughter who depended on him for thelr upkeep. He felt ‘that bis wife and: daughter should berefit from the estate of the deceased and should be included as vdopendahts. He told his siblings he would frustrate the process until they agreed to his demands and Accept to give his wife and daughter reasbiiable ptovistan from the estate, However, his siilings were rot willing to:afe fn te his demands-and they were of the view that the deceased's wil should be follevied to.the letter. Consequently, Priti, Tefl and thal have decided ta seok legal advice on the way ‘forward: 38) Considering Bitfial's.refusal to apply for grant of adhinistration, explain the legal position and the poutine to be fllxred in purist aren, se (6 marks) bj Consider the argument by Bimal that bis wife and daughter should be included as depondants/beneficiaties of the dacoased's.estate, (4 marks) PageSof5BEST PERFOMED“Weite on both sided of the paper Sector ok Ihe Vous ok Svccectmn caety Preiaes “ROY ae owl US sow tae Dosetwatein iberreagin we | dese d, Loy oh lead 2 fwecsee aa) for} t fie As ee val) te _teshtes i slow Ay L | artaaty, magWathg oh PACA See one Von: MAL cave. adler Bev made he vse oe PY esence oy hs Thee od wee YRC na ees “There sare in spn. wluecas te odbesh he mating sh he} way Ws dg Su te is arelie rls Moos een Aisa + Orel SN des Rare basin Ayres ard Urdus trttvence whem wo wihiolea Gaitor o wedee tye Lok. 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