University of Zimbabwe: (LB401) LLB (Hons) Part Iv Clinical and Practical Skills Training Examination

UNIVERSITY OF ZIMBABWE
(LB401)
LLB (HONS) PART IV
CLINICAL AND PRACTICAL SKILLS TRAINING
EXAMINATION
JUNE 2011
3 HOURS
ANSWER ALL QUESTIONS
Instructions to candidates: In answering drafting questions you are at large to use

your own facts and names where these are not given.
Question 1
a) Draw a typical preamble in an Agreement of Sale of a farm.

[5 marks]
b) Draft a prayer in a typical Summons for eviction arising from expiry of a lease.
[5 marks]
c) Draft a typical Draft Order in a claim for specific performance in a suit for
cession of rights in a Municipal property with no Title Deeds, pursuant to an
Agreement of Cession and Assignment of Rights.
[5 marks]
d) Draft Particulars of Claim on Summons in a claim for damages for injuria

arising out of verbal abuse in a telephone conversation.
[5 marks]
Question 2
a) Draw a typical Founding Affidavit only in each of the following cases:
1
i) An Application for bail pending trial in the Magistrates Court.
[5 marks]
ii) A petition for presidential clemency and pardon for a Pastor convicted
of the rape of a minor and serving an effective prison term of 12 years
[5 marks]
iii) An Application for review of the decision of the University Disciplinary

Committee expelling students for staging a hunger strike over poor
entertainment facilities at Campus without charging them, hearing their
version or allowing their representation by an Attorney and an
opportunity to address in mitigation. Assume John Jambanja a
Bachelor of Arts (Hons) student has been authorized to represent the
expelled students. He stays at 22 Cool Vibes Lodge, Central /Sixth
Street, Harare.
[5 marks]
b) Nobuhle was presented with a cheque for USD2 000 in December 2007 by
Tshuma after supplying an agreed quantity of Kenge brew. The cheque was
referred to drawer upon presentation to the bank. She had misplaced the
cheque and has now found it and instructs you to recover the debt. Tshuma’s
Legal Practitioners, Loot & Cheat, reply to your Letter of Demand arguing that
since the Kenge brew was smuggled into Zimbabwe from Mozambique
without compliance with the Customs & Excise Act, Nobuhle was an unlawful
possessor. They further argue that the contract was illegal and the in pari
delicto rule applies.
In any event, they argue the claim is prescribed.
Advise Nobuhle. [5 marks]
2
QUESTION 3.
You have been given instructions by Jabu Siziba to issue summons against Mary
Ndove, a debtor who has stubbornly been failing to pay USD$1 998,35 that she
owes him. The money was advanced to Mary in October 2008, during the height
of hyperinflation. Upon attempting to serve the summons at number 26 Tsuro
Street, Mufakose Harare, the messenger of court fails and sends his return of
service indorsed “ found Rudo Gwaza, lodger at address of service and could not
serve process. Return to Attorneys”.
a) Write a letter to the Messenger of Court requesting him to take any

corrective action and ensure that your client does not incur further costs.
[5 marks]
b) While inventing any further necessary facts, list the issues you could
include in a plea that Mary would file in defense of the Jabu’s claim.
[5 marks]
c) Assuming you discover that your firm once acted for Mary in a criminal trial
in 2004, after issuing summons against her, what would be the courses of
action open to you and why?
[5 marks]
d) Explain in brief the procedure of substituted service both in the Magistrates

Court and the High Court.
[5 marks]
QUESTION 4.
a) State briefly what steps are needed after passing your LL.B before
entering private practice.
[5 marks]
3
b) How will the Law Society deal with complaints about a practitioner’s
unprofessional conduct?
[5 marks]
c) What are the differences between cross examination and re-examination?
[5 marks]
d) Briefly outline clerical and routine work required during a legal

practitioner’s preparation for trial.
[5 marks]
__________________________________________________
END OF EXAMINATION PAPER

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UNIVERSITY OF ZIMBABWE

ANSWER ALL QUESTIONS

Instructions to candidates: In answering drafting questions you are at large to use

a) Draw a typical preamble in an Agreement of Sale of a farm.

d) Draft Particulars of Claim on Summons in a claim for damages for injuria

a) Draw a typical Founding Affidavit only in each of the following cases:

iii) An Application for review of the decision of the University Disciplinary

Advise Nobuhle. [5 marks]

a) Write a letter to the Messenger of Court requesting him to take any

d) Explain in brief the procedure of substituted service both in the Magistrates

c) What are the differences between cross examination and re-examination?

d) Briefly outline clerical and routine work required during a legal

END OF EXAMINATION PAPER

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