SCHOOL OF LAW

L 203 - FAMILY LAW

FINAL EXAMINATION PAPER

TUESDAY, 12 DECEMBER 2023

14:00 HOURS – 17:00 HOURS

TIME ALLOWED: 3 HOURS PLUS 5 MINUTES READING TIME

INSTRUCTIONS TO CANDIDATES

1. Check that you have the correct examination paper in front of you.

2. The paper consists of FIVE (5) questions. ANSWER QUESTION ONE (1)
WHICH IS COMPULSORY AND ANY THREE (3) QUESTIONS.

3. All answers must be written in the answer booklets provided only.

4. Write down the number of questions attempted on the cover page.

5. Begin answering each question on a new page.

6. Candidates are permitted to bring into the examination room their own clean
and unmarked statute(s); The Matrimonial Causes Act no 20 of 2007; The
Wills and Administration of Testate Estates Act Cap 60 of the Laws of
Zambia; The Intestate Succession Act Cap 59 of the Laws of Zambia and
The Children’s Code Act no 12 of 2022.

7. There shall be no communication among students during the examination. Any

attempt to make such communication will lead to disqualification.

DO NOT TURN THIS PAGE UNTIL TOLD TO DO SO BY THE INVIGILATOR

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Question One (Compulsory)

You are the newly appointed research assistant. An application supported by an

affidavit sworn to by the Applicant Jennifer Zulu has been filed. The Applicant states
that in or about October, 2001 the Respondent, Mwansa Kaonga and herself started
cohabiting as an unmarried couple in a quasi-marital arrangement in Emmasdale,
Lusaka. As a consequence of the said co-habitation, she gave birth to two children to
namely, Samuel (Male) born on the 21st May 2004 who is currently in University and
Celine (Female) born on 24th July 2008 and is currently in Grade 11. Apart from the
said children born from the Respondent the Applicant moved into the house with her
first-born daughter Carol Musanje born on the 9thDecember 2002. She exhibited true
copies of birth certificates marked ‘JZ1’and ‘JZ2’. She avers that since they moved in
together with the Respondent he was responsible for all the Children’s up keep and
contributed towards their welfare through payment of school fees, providing food,
purchase of clothing and the general maintenance of the children.

Whilst living with the Respondent in or about January 2007 she identified a piece of
land in Kaonga Makeni, in the Lusaka District. They orally committed to purchasing
the property jointly, however the land contract of sale and transfer was processed in
the name of the Respondent. The certificate of title as per exhibit marked ‘JZ3’ is
attached.

In order to develop the said piece of land the Applicant obtained a loan from her
employers, Spectra Zambia Limited, in the sum of K250,000 (two hundred and fifty
thousand kwacha) for the purposes of erecting a house on the said piece of land as
per document marked ‘JZ4.’ She continued to service the said loan until the 27 thMay,
2013 as shown by exhibit marked ‘JZ5’.

Using the resources from the loans obtained from her employers and the bank, the
Applicant engaged the services of a contractor known as Koswe Construction who
erected the dwelling house on the said property to its completion as per documents
collectively marked ‘JZ6’. The house was completed in or about 2009 when she paid
for the electricity connection to ZESCO Limited as shown by ‘JZ7’ the payment receipt.
She avers that the Respondent’s contribution was to erect the boundary wall, purchase
the iron sheets for the chicken run and he built a grocery shop located in front of the
premises.

According to the Applicant, in or about 2006 she obtained a personal loan from
Standard Chartered Bank Zambia, which contributed towards the purchase of three
(3) Trucks which the Respondent has been using for his business to fulfill the contract
he was awarded by a company called Dru Paint. A true copy of the loan account
statements from Standard Chartered Bank Zambia Plc was produced and marked
‘JZ8’.

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After completion of the construction works for the house the parties shifted into the
said house with the children of the family. They continued to live in harmony until
September 2011 when, due to the Respondent’s unreasonable behaviour and
unfaithfulness, differences developed. The said differences led to the parties sleeping
in separate rooms since their love relationship had broken down. Eventually in or about
June 2013 the Applicant, together with the 3 children of the family decided to move
out of the family house to live in a rented flat in the Kabwata area of Lusaka. The
Applicant states that from the time she left the family house the Respondent has not
contributed to the welfare of the children. She has alone been fending for the children
despite the Respondent having financial capacity to support and maintain the children
of the family. The Applicant now believes that the Respondent has willfully refused
and or neglected to support and maintain the children. She feels the Respondent will
only do so if ordered to do so by this Honorable Court. According to her the monthly
upkeep and groceries for the children are in the region of K15, 000.OO per month and
the school fees per child is at K20,500.00 per term which she has been finding hard
to meet the due to the lack of support from the Respondent. She informs you that the
Respondent through his advocates insists on only maintaining the youngest children,
should he be awarded custody of the children. She further avers that she has an
interest in the house in Makeni, although registered in the name of the Respondent as
she practically built the house on it. She further avers that she is entitled to fifty percent
(50%) of the personal property including the trucks and business registered in the
name of the Respondent.

Following this she prays that the court orders:

1. Disposal of the property in Makeni and the proceeds be shared equally.

2. Disposal of the personal property and business and the proceeds be shared
equally.
3. Custody of all three children.
4. Maintenance in respect of all three children being periodic monthly payments
of seventeen thousand kwacha (K17,000) for each child

The matter is set to come up for hearing on 15 December. You have been asked to
review the application and provide a legal opinion on the evidence produced. Cite
relevant authority matter citing relevant authority. [40 Marks]

Question Two
Upon the breakdown of a customary marriage, in making property and financial
provisions for the members of the family, the court shall refer to the legal principles
applicable to statutory marriages.
Citing at least four (4) Zambian cases, discuss the extent to which you agree with the
above statement. [20 Marks]

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Question Three
With the aid of at least three (3) Zambian cases, discuss the principles of law
governing variation of custody orders. [20 Marks]

Question 4
a. Citing relevant law discuss three (3) types of interim reliefs one may apply for
upon the breakdown of a statutory marriage. [6 Marks]
b. Citing relevant authority discuss two (2) types of civil orders a victim of domestic
violence may obtain from the court. [4 Marks]
c. Discuss three methods of enforcing a maintenance order. [6 Marks]
d. Citing relevant authority write short notes on an affiliation order. [4 Marks]

[Total Marks: 20]

Question 5
You are the new legal intern at UNILUS Chambers. You have been asked to
advise the following client.
Janet Jackson married Jermain Jackson on 9 October 2021. The two were unable to
conceive due to medical reasons, they therefore adopted two children Zanga and
Zwana Jackson aged 4 and 7 respectively. Janet has one other child from her first
marriage Mwandu aged 20. Mwandu lives with her father Hara Banda. On 2 May 2020
Jermain signed a will in which he listed his mother Latoya Jackson as the sole
beneficiary. All his assets were left to his mother. Further Latoya Jackson and his father
Paul Jackson was listed as the executors of the will. The will was signed by two
witnesses in accordance with s6 of the Wills and administration of testate estates act
chapter 60 of the laws of Zambia. Jermain was involved in a fatal car crash on 10
December 2023. Janet Jackson informs you that since the death of her husband, her
mother-in-law has caused her much distress. She has served Janet an eviction notice,
stating that, what has been her matrimonial house since the date of her marriage in
2021, now belongs to her, as per the will signed by the deceased dated 2 May 2020.
She seeks you advice on whether she and her three children have any protection or
recourse under the law. Advise her citing relevant authority. [20 Marks]

END OF EXAMINATION PAPER