MIDLANDS STATE UNIVERSITY

FACULTY OF LAW

DEPARTMENT OF PROCEDURAL LAW

CLINICAL & PRACTICAL SKILLS TRAINING MODULE (LB505)

ASSIGNMENT NO.2 – SEPTEMBER 2019

DUE DATE: 10 OCTOBER 2019

Question 1

Mabvazuva (Private) Limited (“Mabvazuva”) has been renting industrial

premises from Eastern Properties Limited (“Eastern”) for the past 5 years.
With the advent of the recently introduced mono-currency monetary regime,
the parties engaged in negotiations for a rent increment with Eastern
insisting on a minimum monthly rental of RTGS$500 000.00, which
Mabvazuva regarded as excessive. Mabvazuva offered an increment from
RTGS$300 000.00 per month to RTGS$400 000.00 per month. The parties
had a deadlock and Mabvazuva suggested that there might be a need to
refer the issue to the Rent Board for determination of the fair rental.

Last Sunday when closed for business, Eastern removed Mabvazuva’s

printing equipment and other paraphernalia from the premises and locked
them up. Mabvazuva’s management and staff have since then not been able
to access the premises and carry on business.

You have been approached by the managing director of Mabvazuva who has
instructed you to institute legal proceedings to enable the company to gain
access and resume its operations from the premises. Mabvazuva maintains
its offer and insists on a determination of fair rental by the Rent Board.

Adding other essential details for completeness, prepare the

appropriate application for an order for the restoration of Mabvazuva.

[20 Marks]
Question 2

(a) Using details of your choice, draft an exception to a defendant’s plea.

[5
Marks]

(b) Using details of your choice, draft a special plea only, based on
jurisdiction.

[5 Marks]

END OF ASSIGMENT

TOTAL: 30 MARKS

NB: Late submissions will not be accepted for marking