NOTARIAL PRECEDENT NO.1
PROTOCOL NO.
THE
FOUNDATION FOR
INTERNATIONAL DEVELOPMENT
NOTARIAL DEED OF TRUST
KNOW ALL MEN WHOM IT MAY CONCERN
THAT on this the
day of September
and Nine (2011) before me
in the year of our Lord Two Thousand
MATIVENGA LLYOD MHISHI
Legal Practitioner and Notary Public by lawful authority duly admitted and sworn
and practising as such in Harare, Zimbabwe, personally came and appeared
(born on the 20th December 1957)
and
(born on 14th march 1955)
and
(born on the 8th September 1971)
hereinafter/…..
(hereinafter called “the Founders) and also personally came and appeared
(born on 20th December 1957)
and
(born on the 8th September 1971)
and
(born on 14th March 1955)
and
(born on 7th September 1940)
and
(born on the 10th June 1954)
and
(born on 1st January 1964)
(hereinafter called “the Trustees”) all of whom have agreed to accept office as
Trustees and to administer the Trust herein created
AND THE APPEARERS DECALRED THAT WHEREAS:
A. The Founders wish to establish a non-profit making Trust for the purposes
of encouraging a range of developmental initiatives in small scale
Agricultural and Business Ventures including Small to Medium Scale
Enterprises, Entrepreneurial projects, Tourism, Mining and the attainment
of modern socio-economic necessities like housing, clean water, health,
education/…..
education, involvement of women in business and wildlife conservation
and management for the primary benefit of women and children with
particular emphasis on the promotion of children’s rights and gender
sensitivity.
B.
It is intended that the Trust will be registered and affiliated to the
Zimbabwe Government’s Social Welfare Ministry or other governmental
Ministries or departments and to local and international non-governmental
organisations with similar objectives.
NOW THEREFORE THESE PRESENT WITNESS:
1.
Formation of Trust
The Trust with the purpose and objects hereinafter set out is hereby
founded and established.
2.
Name of Trust
The Trust hereby established shall be known as
“THE
FOUNDATION FOR DEVELOPMENT TRUST”
(hereinafter in this Deed called “the Trust”)
3.
Beneficiaries
The beneficiaries of this Trust shall primarily be the normally lessprivileged women and children in Zimbabwe and other countries as
determined by the Trustees in their sole discretion.
Objects/……
4.
Objects
The objects of the Trust are:4.1
To encourage, support, maintain, expand, develop, improve, equip
and promote a range of developmental investment initiatives in
Agriculture, small scale farming, small scale irrigation, horticulture,
beef and diary framing and agriculture product processing and
small to medium scale enterprises for women economic
empowerment.
4.2
To encourage, support, facilitate, initiate, establish and promote
corporate business joint ventures and enterprises that strengthen
women participation in economic development through an
economic empowerment fund.
4.3
To encourage, support and promote women initiated projects and
provide a capacity building support for the development of gender
advocacy programmes as well as encourage rural community
development in housing, clean water and sanitation, health and
education.
4.4
To encourage, facilitate, promote and advocate for the promotion of
children’s rights, including the right to a clean environment, natural
resources, heritage, access to education and to a better standard of
living.
4.5
To encourage, facilitate, promote and develop gender advocacy
programmes and capacity building programmes promoting women
participation in political governance, social and economic
development.
To/……
4.6
To encourage, support, promote and initiate environmental and
wildlife management programmes that promote the sustainable
development, and sustainable use of all natural resources for the
benefit of local communities and programmes geared towards the
reforestation and rehabilitation of degraded lands.
4.7
To encourage, support and promote programmes and mitigation
measures against desertification, biological diversity loss, poverty
and the loss of cultural and indigenous knowledge in Natural
Resources Conservation.
4.8
To co-operate, co-ordinate and affiliate with international
environmental management conventions such as the convention to
combat desertification and Biological Diversity Convention, United
Nations Convention on Climate Change and etcetera.
4.9
To establish and manage a revolving fund for the purpose hereof.
4.10
To establish and manage an education scholarship programme to
financially support disadvantaged children.
4.11
To develop educational awareness programmes for
parlimentarians, mass media, law enforcement and other
appropriate authorities on children’s rights, gender sensitivity and
environmental issues.
4.12
To support and encourage community based initiatives in health
management programmes that relate to national and international
communicable disease epidemics, environment, poverty alleviation
and sustainable development.
Encourage/….
4.13
Encourage, facilitate and provide funding support to research
programmmes on children’s rights, health and other related health
issues affecting women and children.
4.14
To provide all such services and to do all such acts as in the
opinion of the Trust, can be advantageously provided or done by
the Trust by way of expansion of or in connection with the purpose
and objects of the Trust or are calculated directly or indirectly to
further any such purposes and objects or to increase the value of
any of the Trust Property, assets or rights.
4.15
To acquire and undertake the whole or any part of the property and
liabilities of any person or Company which in the opinion of the
Trust, is suitable for carrying out the purposes and objects of the
Trust.
4.16
To charge and receive fees for any workshops, seminars, training
and other relevant programmes provided that any surplus of
revenue over expenditure shall be devoted to the purposes of the
Trust.
4.17
Generally to do or undertake all or any such acts, matters or things
as are incidental or conducive to the attainment of all or any of the
aforegoing objects.
5.
Legal Status
The Trust shall be a body corporate and shall be capable of suing and
being sued in its corporate name. The Trust is hereby created and
Founded/….
founded for educational purposes of a public character in Zimbabwe. The
Trust shall have perpetual succession and shall continue as an entity
notwithstanding any changes in the membership of the Trust and shall
hold property distinct from its Members. No Member of the Trust shall
have any rights in or to the Trust Property by reason of his membership.
6.
Trust Fund
There will be established a Trust Fund into which donations from
established Donors and other well-wishers will be deposited including
discretions thereto as hereinafter provided. The Trust Fund is to be held
in Trust, and utilized in furtherance of the objects of the Trust subject
further to the conditions hereinafter set forth.
7.
Appointment of Trustees
The Founders hereby appoint the Trustees as the First Trustees of the
Trust. The appointment and period of office of the Trustees shall be
subject to the following terms and conditions:-
7.1
There shall at all times be not less than six and not more than nine
Trustees at any one time. The Trust shall be managed,
administered and controlled by the Trustees to be referred to as the
Board of Trustees.
7.2
The First Trustees shall hold office for a period of Three (3) years
from the date of appointment. At the Annual General Meeting
following the expiration of their tenure, one-half of the Trustees
shall retire from office, or if their number is not divisible by two(2)
then the nearest one-half shall retire from office; and at the Annual
General/…..
General Meeting in every subsequent year one-half of the Trustees
for the time being, or if their number is not divisible by two(2) then
the number nearest one-half shall retire from office.
7.3
The Trustees to retire in every year shall be those who have been
longest in office since their last election.
7.4
A retiring Trustee shall be eligible for re-election.
7.5
The Members of the Trusts at the meeting at which a Trustee
retires as aforesaid shall fill the vacated office by electing a person
thereof, and in default the retiring Trustee shall, if offering himself
for re-election be deemed to have been re-elected unless at the
meeting it is expressly resolved not to fill such vacated office or
unless a Resolution for the re-election of such Trustee shall have
been put to the meeting and lost.
7.6
Any one of the Trustees shall ipso facto vacate office if:-
7.6.1 he/she is adjudged insolvent or compounds with his/her
creditors;
7.6.2 he/she is convicted anywhere of theft, fraud, forgery, uttering
a forged, or perjury and is sentenced therefore to
imprisonment without the option of a fine or to a fine of any
amount;
7.6.3 he/she is certified insane;
he/…..
7.6.4 he/she resigns his/her office by notice in writing to the other
Trustees;
7.6.5 he/she is removed by any competent court for misconduct
from any office or Trust;
7.6.6 an order is made under any Act disqualifying him from acting
as a Trustee;
7.6.7 he/she is removed by a majority of the Founders.
7.7
Immediately a vacancy in the office of Trustee occurs the remaining
Trustees shall forthwith appoint a Trustee to fill such vacancy
notwithstanding that the number of Trustees remaining would not
otherwise form a quorum. Any Trustee so appointed shall hold
office only until the next Annual General Meeting.
7.8
Election to the Board shall be approved by majority of the existing
Trustees.
7.9
A Member of the Board shall vacate his/her seat if he/she is absent
without leave of the Board from four (4) consecutive meetings of
the Board or is called upon to resign by a Resolution adopted by at
least two-thirds of the Members of the Board or the Founders.
7.10
During the commencement of any vacancy on the Board, remaining
Members of the Board shall have power to exercise all the powers
of the Board.
7.11
A quorum for all meetings of the Trustees shall be four (4).
The/….
7.12
The Trustees appointed to be a Chairman, Vice Chairman,
Secretary and Treasurer of the Board shall hold office for a period
of three (3) years form the date of their appointment regardless of
their tenure of office as Trustees. They shall retire from office at
the Annual General Meeting coinciding with the expiry of three (3)
years or at the next Annual General Meeting following this in the
event that the expiration of three (3) years does not coincide with
an Annual General Meeting. The Chairman, Vice Chairman,
Secretary and Treasurer shall be eligible for re-appointment
provided that such re-appointment is approved by a majority of the
full Board of Trustees.
8.
Security
The Trustees shall not be required to give security for the due and faithful
administration of the assets of the Trust and for the due discharge of their
Trust, and any Master of the High Court or any corresponding or like
official or officials having jurisdiction are hereby directed to dispense with
such security.
9.
Patron
The Board shall have the power to nominate any person to the position of
Patron. A Patron shall hold office on such terms as may be determined by
the Trustee or until he resigns or becomes insolvent or assigns his estate
for the benefit of his creditors or suspends payment of his debs or
compounds with is creditors or is found lunatic or becomes of unsound
mind. A Patron shall not be a Member of a Board of Trustees, but may
attend any functions including Seminars, Receptions, etc.
Powers/…..
10.
Powers of the Board of Trustees
The Board shall have power to conduct and manage the affairs of the
Trust to do everything in the Board’s discretion with full and plenary power
and authority to do all such things and take all such steps as may appear
to be necessary or desirable to give effect to the objects and intentions of
the Trust thereby constituted as may be necessary or incidental to the
administration and control of the Trust including the following powers:-
10.1
The power to purchase, take on lease or in exchange, hire or
otherwise acquire rights in or over any real and personal property,
in particular any land, buildings, machinery, plant and stock-intrade, in consideration for such payment out of the funds or other
assets of the Trust as may be agreed to by the Board and to
construct, maintain and alter any buildings or erections necessary
for the promotion of its objects.
10.2
The power to sell, improve, repair, manage, develop, exchange,
lease, mortgage, dispose of, turn to account or otherwise deal with
all or any part of the Trust property assets or rights.
10.3
The power to borrow and raise money and secure or discharge any
debt or obligation binding on the Trust or the Board in such manner
as the Board may decide, and in particular by mortgage of the
Board’s undertaking and all or any of the real and personal property
(present and future) in the Trust, or by the creating and issue, on
such terms as may be agreed between the Board and the persons
to whom they are issued, of acknowledgements of debts, to be
known as debentures, or other securities of any description.
To/…..
10.4
To amalgamate or affiliate, either wholly or partially, with any other
company, society, association, institution or body, whether
incorporated or not, having objects similar to any or the objects of
the Trust, and which is prohibited by its Constitution from
distributing its profits or assets amongst its members and to take
over, purchase or otherwise acquire all or any part of the property,
assets or liabilities and engagements of such company, society,
association, institution or body with which it is proposed to
amalgamate.
10.5
The power to open and operate banking and savings accounts and
such other accounts as the Trustees may consider necessary and
desirable and to make, accept, endorse, negotiate, execute and
issue promissory notes, cheques, bills of exchange and other
negotiable instruments by and through the agency of such
members or member of the Board and any other person as the
Board may from time to time appoint to do all or any of these
things.
10.6
The power to invest any moneys in the Trust in such investments or
securities as the Board may choose.
10.7
The power to establish and maintain in such investments as the
Board may decide a contributor or non-contributor pension fund for
employees or former employees of the Board and to grant bonuses,
allowances, gratuities or pension, out of such fund or out of the
funds in the Trust to such persons or the dependants of such
persons.
The/….
10.8
The power to accept and apply to the purpose and objects of the
Trust any donation or bequest of money or property, in accordance
with the terms of such donation or bequest, provided that such
terms are in accordance with the aforesaid purposes and objects.
10.9
The power to employ and provide out of the Trust Fund a suitable
remuneration for all such officers, servants and agents as the
Board may deem necessary in pursuance of the purposes and
objects of the Trust, and to dismiss such officers, servants and
agents.
10.10 The power to revoke, amend or modify any of the Rules for
Administration of this Trust Deed provided however that no such
amendment or modification shall be in conflict with the terms of this
deed of Trust.
10.11 The power to pay out funds in the Trust to any Member of the
Board for expenses incurred with the approval of the Board in and
about the performance of duties imposed upon such member by
the Trust.
10.12 The power to indemnify all or any Members of the Board out of
funds in the Trust against any loss directly occasioned to such
Members or Members in the bona fide exercise of the powers or
performance of the duties cited herein, whether such loss be
occasioned through entering into a contract authorized by the
Board in pursuance of the purposes and objects of the Trust or
through failure to perform such contract or through delictual liability
inadvertently incurred by such members or member in the
performance on facts approved by the Board, provided, however,
that/…..
that no such indemnity shall extend to any liability incurred for
criminal acts of any member of the Board or to loss occasioned
through accident, happening to any such member in and about the
performance of his duties.
10.13 The power to promote legislation having as its object the
incorporation of the Trust with such additional or substituted powers
as may seem expedient or to cause the Trust to be registered as a
non-profit making company under section 26 of the Companies Act
(Chapter 24:03) or otherwise constituted or recognized by laws as
the Board shall thing fit.
10.14 The power to enter into all such contracts as shall serve to further
the purposes and objects of the Trust.
10.15 Without derogating from the generality of the aforegoing the
Trustees shall meet to consider and administer the affairs of the
Trust at such times as they may determine from time to time but not
less than six(6) times in each calendar year.
10.16 In addition to the general powers aforesaid the Trustees shall have
the following specified powers:-
10.16.1
To prepare and adopt by-laws/a Constitution
regularizing the procedure and the manner in which
the Trust will function;
10.16.2
To cause a proper set of books and accounts to be
kept relevant to the affairs of the Trust which books
and accounts shall be audited annually by an Auditor
to/…..
to be appointed by the Board of Trustees who shall
have power to vary this appointment from time to
time;
10.16.3
To call in, recover, collect and if necessary to sue for
all loans or other moneys including rents, and the like
belonging to the Trust at any time whether invested
by them or otherwise, and to foreclose Bonds and if
necessary to by in securities;
10.16.4
To employ and pay out of the Trust any other person
or other persons to do any act or acts including the
receipts of moneys, although they or any of them
could have done that act or these acts;
10.16.5
To delegate all or any of its powers to any Committee
consisting of such Member or members as it thinks fit.
Any Committee so formed shall in the exercise of
powers so delegated conform to any regulations that
may be imposed upon it by the Board;
10.16.6
From time to time expend such portion of the capital
or income of the Trust as they may deem necessary
for the preservation, maintenance and upkeep of any
property belonging to the Trust and to demolish any
buildings which in their opinion should be so dealt
with and to erect new buildings on land belonging to
or leased by the Trust;
To/….
10.16.7
To apply the capital and income of the Trust to the
furtherance of the objects in such manner as the
Trustees in their discretion may from time to time
determine;
10.16.8
To enter into legal and binding Agreements;
10.16.9
To institute and defend proceedings at law and to
proceed to the final end and determination thereof;
10.16.10
To do all such things and to sign, execute and to
deliver all such Deeds, documents and papers as
may be requisite, necessary or incidental to the due
administration and control of the Trust;
10.16.11
In particular, the Board may appoint a co-ordinator
who is a member of the Board and such other
members approved by the Board, and to undertake
the day to day management and any other specified
matters of the Board on its behalf;
10.16.12
The Board or a Committee thereof or each individuals
Trustee acting bona fide in terms hereof shall not
render the individual members of the Board,
Committee or such person personally liable for such
action;
Membership/…..
11.
Membership
11.1
Members of the Trust are the current Trustees an any other person
elected or appointed in terms of this Deed and any other member in
addition thereto elected or appointed in terms of an amendment of
this Deed as provided for herein who are individual persons, but
shall exclude group of persons, corporate or non-corporate.
11.2
Membership of the Trust will be divided into the following two
categories:-
11.2.1 Founding members who shall be the Founders as described
herein before.
11.2.2 Full members who shall be those Members who have been
described as Trustees herein before and who are not the
Founders. Notwithstanding the aforegoing, full membership
shall be granted only at the discretion and approva of the
Founders.
111.3 A member may retire at any time on giving “Three (3) months”
written notice to that effect but shall not be entitled to a refund of
any contributions or subscriptions that may be paid in terms of this
Deed.
111.4 Founders and Full Members shall be entitled to be elected as
Trustees on approval by the Founders.
General/…..
12.
General Meetings
12.1
The Trustees shall call an Annual General Meetings of the
Members of the Trust once in every calendar year, and shall have the
right to call a General Meeting of Members at any time in their
discretion. The first Annual General Meeting shall take place in the
calendar year following the year in which the Trust is founded.
12.2
The Annual General Meeting shall be called by twenty one (21)
days notice in writing at the least, and a General Meeting other than
an Annual General Meeting shall be called by fourteen (14) days
notice at the least.
12.3
The business to be transacted at any General Meeting of Members
shall be the business specified in the notice calling the meeting.
12.4
The quorum at an Annual General Meeting shall be not less than
half the Trustees.
12.5
If within half an hour from the time appointed for the holding of any
meeting a quorum is not present, the Board shall at once give
notice of the fact that a quorum was not present to all Trustees and
members as the case may be and shall at the same time summon
a meeting at the earliest convenient date. Thereafter the Trustees
and members attending such meeting shall form a quorum
irrespective of their numbers.
12.6
Proper minutes shall be kept of all General Meetings of the Board
and of meetings of its committees and of attendances at all
meetings and of all business transacted thereat.
The/…..
12.7
The Chairman at any such meeting shall be the Chairman for the
time being of the Board of Trustees, or in his absence the Vice
Chairman or if both are not present within fifteen (15) minutes after
the time appointed for the holding of the meeting, the Trustees
present shall elect one of their number to be the Chairman of the
meeting.
12.8
The Founding members and the full members shall each have one
(1) vote at a General Meeting of the Members.
13.
Resources of the Trust
The Trust Fund referred to in Clause 5 and all other money and property
of whatsoever kind whether the same shall be movable and immovable,
corporeal or incorporeal, and wheresoever situate, which may from time to
time be received by the Trustees for the general purposes and objects of
the Trust, whether received by way of subscriptions, donations, bequests,
interests, rents dividends or any other source shall constitute the Trust
Fund together with all income derived therefrom, and the Trust Fund shall
be held by the Trustees upon trust to apply both the capital and the
income of the Trust Fund as the Trustees in their absolute discretion think
fit for the furtherance of the objects of the Trust. Notwithstanding the
provisions of this clause no distribution of profits may be made to
Members of the Trust.
14.
Costs
All costs incurred by the Trustees as well as other charges, expenses and
disbursements incurred by them in or arising out of their administration of
the Trust shall be a first charge on the Trust Fund and the income thereof.
Indemnity/…..
15.
Indemnity of Trustees
The Trustees shall not be personally liable for any loss which may be
suffered or sustained by the Trust, nor shall they be responsible for the
actions of Accountants, Agents or Attorneys appointed by them.
16.
Termination of the Trust
The Trust may at any time be terminated by an affirmative vote by not less
than two-thirds of the Members and Trustees for the time being in office in
which event the affairs of the Trust shall be wound up and any surplus
funds shall be distributed to a charitable organization approved by the
Minister of Finance.
THUS DONE AND SIGNED at HARARE on the day, month and year first
aforewritten in the presence of the subscribing witnesses and of me the said
Notary:
AS WITNESSES:
1.
……………………………..
…………………………….
2.
………………………………
AS WITNESSES:
1.
……………………………..
…………………………….
2.
………………………………
AS WITNESSES:
1.
……………………………..
…………………………….
2.
………………………………
AS WITNESSES:
1.
……………………………..
…………………………….
2.
………………………………
AS WITNESSES:
1.
……………………………..
…………………………….
2.
………………………………
AS WITNESSES:
1.
……………………………..
…………………………….
2.
………………………………
AS WITNESSES:
1.
……………………………..
…………………………….
2.
………………………………
AS WITNESSES:
1.
……………………………..
…………………………….
2.
………………………………
AS WITNESSES:
1.
……………………………..
…………………………….
2.
………………………………
Before me
………………………………
NOTARY PUBLIC
NOTARIAL PRECEDENT NO. 3
PROTOCOL NO.
NOTARIAL DEED OF CHANGE OF NAME
KNOW ALL MEN TO WHOM IT MAY CONCERN:
THAT on this the 20th day of July 2001 before me
MATIVENGA LLOYD MHISHI
Legal Practitioner and Notary Public by Lawful authority duly sworn and admitted
and residing and practising in Harare, Zimbabwe, personally came and appeared
ROSELINE DUNE
(born on 17th August 1981)
AND THE APPEARER DECLARED THAT
WHEREAS/…
WHEREAS she is a citizen of Zimbabwe by birth and is domiciled in Zimbabwe
AND WHEREAS the Appearer has been known by the name
ROSELINE DUNE
AND WHEREAS the Appearer is desirous of abandoning the name
ROSELINE DUNE
NOW THEREFORE it is recorded that the Appearer hereby formally and
absolutely renounces and abandons the name of ROSELINE DUNE to adopt and
assume the name ROSE MABIZA so that from henceforth, she shall be called,
known and distinguished by the name ROSE MABIZA
And the Appearer declared to authorize and request all people at all times
hereafter to designate and describe her by the said name of ROSE MABIZA.
THUS DONE AND SIGNED AT HARARE on the day, month and year first
aforewritten in the presence of the undersigned witnesses, and in the presence
of me, the said Notary Public/Legal Practitioner.
AS WITNESSES:1.
__________________
________________________
ROSELINE DUNE
2.
___________________
Before me
__________________________________
LEGAL PRACTITIONER/NOTARY PUBLIC
NOTICE OF CHANGE OF NAME
TAKE NOTICE THAT on the 20th of July 2001 before me MATIVENGA LLOYD
MHISHI a duly registered Legal Practitioner and Notary Public, appeared ROSE
DUNE (born on 17th August 1981), and is desirous of changing her name to
ROSE MABIZA, so that, hence forth, for all purposes and occasions she shall be
known by the name ROSE MABIZA.
DATED at HARARE this 20th day of July 2001.
-----------------------------------MATIVENGA LLOYD MHISHI
DUBE, MANIKAI & HWACHA
Commercial Law Chambers
6th Floor, Gold Bridge
Eastgate Complex
2nd Street/R.Mugabe Road
HARARE
.
NOTARIAL PRECEDENT NO. 6 – NGOS
PROTOCOL NO.
NOTARIAL GENERAL COVERING BOND
(Incorporating Cession of Book Debts)
KNOW ALL MEN WHOM IT MAY CONCERN
THAT on this the
day of
One Thousand Nine Hundred and Ninety Nine
(1999), before me,
CHARLES BRIGHTMAN
Legal Practitioner and Notary Public by lawful authority duly registered and sworn
and practising as such at Harare, Zimbabwe, personally and appeared
PRINCE HARRY
acting therein in his capacity as the duly authorised Agency and Agent of A
Company duly incorporated with limited liability under the laws in force in
Zimbabwe, having its registered office and carrying on business at No. 3, Simon
Masocha Road, HARARE (hereafter referred to as “the Mortgagor”); he, the said
Appearer, being duly authorised thereto by virtue of a Resolution of the Directors
of the Mortgagor passed in accordance with its Articles at a meeting duly
convened, constituted and held at its registered office on the 29th day of June
1999, a certified copy of which Resolution has been produced to me, the said
Legal Practitioner and Notary Public, and remain filed in my Protocol together
with the Minute hereof;
AND THE Appearer q.q. declared his Principal, the Mortgagor aforesaid to be
truly and lawfully indebted and held firmly bound unto and on behalf of
COSMOPOLITAN
BANK
OF
ZIMBABWE
LIMITED
a
Company
duly
incorporated with limited liability according to the laws of Zimbabwe and
registered as an Accepting House, (hereinafter referred to as “the Mortgagee”),
their successors and assigns, in the sum of FIVE COMMA FIVE MILLION
UNITED STATES DOLLARS (us5 500 000.00) (hereinafter referred to as “the
capital sum”) arising from and being that amount of money lent and advanced, or
to be lent and advanced under any normal banking facilities of whatsoever nature
in the first place, either directly by the Mortgagee to the Mortgagor, or indirectly
by way of payments made by the Mortgagee under any form of guarantee or
letter of credit undertaken or to be undertaken by the Mortgagee to any other
party or parties, either directly or indirectly as described above, against any
separate guarantee or guarantees given or to be given by the Mortgagor to the
Mortgagee for the liabilities of such other party or parties as named therein from
time to time in the manner hereinafter appearing;
AND THE Appearer q.q. further declared under renunciation of the benefits of the
legal exceptions non numeratae pecuniae, non causa debit errore calculi,
revision of accounts, no value received de doubus vel pluribus reis debendi and
any other exceptions which might or could be taken to the payment of the capital
sum or any part thereof with the full force, meaning and effect whereof the
Appearer q.q. declared the Mortgagor to be fully acquainted), to bind the
Mortgagor to pay to the Mortgagee the capital sum, together with interest thereon
at the Mortgagee’s rate current from time to time on the amount outstanding from
time to time;
AND for securing payment of the said capital sum and all interest due thereon, all
stamp duty, bank charges and exchange in respect of capital, interest or
expenses paid elsewhere than at the place herein stipulated, all the insurance
premiums, maintenance expenditure or other payments made by the Mortgagee
on behalf of the Mortgagor under this Bond after the date of registration thereof;
and all costs and charges incurred in calling up or in suing for the said capital
sum or any part thereon and any inerest that may from time to time become due
on such stamp duty, bank charges, exchange, interest, insurance premiums or
maintenance payments, costs and charges, or other disbursements (hereiafter
referred to as “the contingent capital sum”) up to a maximum for such contingent
capital sum of FIVE HUNDRED AND FIFTY THOUSAND DOLLARS (550
000.00), the Appearer q.q. declared to bind generally all the Mortgagor’s movable
property of every description, both as it now has or in future become possessed
of and wherever situate, including in particular but without prejudice to the
generality of the foregoing all and sundry of its debts of whatsoever nature,
whether or not any other time thereafter to become due to it from whatsoever
cause arising, hereby ceding and assigning and making over unto and in favour
of the Mortgagee all such said debts submitting all such property and the chouse
thereof so constraint and execution as the law directs;
AND THE Appearer q.q further declared to bind her Principal the said Mortgagor,
to the following terms and conditions which shall at all times regulate and apply
to this Bond; namely
1.
The extent, nature and duration of the credit facilities to be allowed by the
said Mortgagee to the Mortgagor shall at all times be in his sole discretion,
provided that the Mortgagor’s obligation to it shall not be deemed to be
secured by the Bond to a greater extent then the said sum of
....................... ($.........) together with the said contingent capital sum.
2.
The Mortgagor shall well and truly pay or cause to be paid all such sums
of money as now are or may at any time thereafter become due and owing
to the Mortgagee or the legal holders of this Bond whether such
indebtedness be incurred by the Mortgagor trading solely
or in
partnership with others, otherwise and whether such indebtedness arises
from the monies lent and advanced or monies paid under guarantees
given by the Mortgagee on behalf of the Mortgagor.
3.
The Mortgagor shall forthwith insure and so long as any of the capital,
interest of other amount secured by this Bond remain outstanding, keep
insured all the Mortgagor’s insurable property of whatsoever kind against
loss from fire, storm, earthquake, lightning, explosion, theft, riot, civil
commotion, strikes and consequences thereof with an insurer approved by
the Mortgagor for a sum equal in the opinion of the Mortgagee to the value
thereof, shall whenever so required by the Mortgagee’s insurable interests
in such property arising from this Bond has been duly noted by such
insurer on all relevant insurance policies and shall not effect any other
insurance thereon without the
NOTARIAL PRECEDENT NO. 7
PROTOCOL NO. ______
NOTARIAL DEED
(In terms of Section 27 of the Deeds Registries Act (Chapter 20:05)
KNOW ALL MEN TO WHOM IT MAY CONCERN
THAT on this the 11th day of January in the year of our Lord Two Thousands and
one (2001), before me.
MATIVENGA LLOYD MHISHI
of Harare, Zimbabwe, Legal Practitioner and Notary Public by lawful authority
duly admitted and sworn and in the presence of the subscribing witnesses
personally came and appeared:In/…
In his capacity as the duly authorized representative of
Under and by virtue of a Resolution passed at a meeting of the Board of Trustees
held at Harare on the day of
2001 (which said fund is hereinafter referred
to as “the Fund”), a certified copy which is filed in my protocol:
AND THE APPEARER DECLARED THAT
WHEREAS:
A
The Fund is the registered owner of:-
CERTAIN
piece of land situate in the District of Salisbury
CALLED
Salisbury Township
MEASURING: 5353 square metres;
HELD UNDER
Deed of Transfer dated the 2nd day of February
1981 (Reg. No. 574/81)
B
The Fund wishes to transfer to such persons as may purchase, Seventy
two (72) undivided shares in the property, each of which shall be coupled
with an exclusive right of occupation of a unit.
NOW THEREFORE IN PURSUANCE OF THE PROVISIONS OF SECTION 27
OF THE DEEDS REGISTRIES ACT [CHAPTER 20:05] AS AMENDED, THE
APPEARER DECLARED THAT THE FOLLOWING TERMS AND CONDITIONS
SHALL APPLY TO THE PROPERTY
/2 THAT …
1
THAT Seventy two (72) undivided shares in the property are
hereby created and are numbered consecutively and identified as
Numbers (1-8) and each share shall have the exclusive right of
occupation hereinafter referred to.
2
THAT the extent or percentage of each of the undivided shares
hereby created is as follows:-
SHARE NUMBER
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
PERCENTAGE
1.51%
1.07%
1.07%
1.07%
1.07%
1.07%
1.51%
1.55%
1.55%
1.51%
1.515
1.07%
1.07%
1.07%
1.07%
1.07%
1.51%
1.55%
1.55%
1.51%
1.51%
1.07%
1.07%
1.07%
1.07%
1.07%
1.51%
1.55%
1.55%
1.51%
1.51%
1.07%
1.07%
34/…
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
3
1.07%
1.07%
1.07%
1.51%
1.55%
1.55%
1.51%
1.51%
1.07%
1.07%
1.07%
1.07%
1.51%
1.55%
1.55%
1.51%
1.51%
1.07%
1.07%
1.07%
1.07%
1.07%
1.51%
1.55%
1.55%
1.51%
2.5%
1.61%
1.63%
2.5%
1.55%
1.55%
1.51%
1.55%
1.55%
1.51%
2.63%
2.03%
2.03%
THAT each undivided share shall, subject to the provisions
hereafter contained, confer upon the registered owner thereof and
his successors in title;
(a) An/…
(a)
An exclusive right of occupation of a unit on the property
bearing the number which corresponds with the number of the
undivided shares more fully depicted in the plans and schedule
of such units hereunto annexed marked Sheets 1 – 8.
(b)
An undivided share in the land between the beacons A,B,C,D,A
as depicted and described in the diagrams S.G No. 1014/2000
annexed hereto.
4
THAT notwithstanding what is set out above… save for the units
the property shall be deemed to be common property,
notwithstanding the transfers to be passed pursuant to this Deed
and the rights of the owners and their invitees pertaining to the
common property and the units shall be regulated in terms of the
Constitution annexed hereto marked Annexure A and any rules
made in term thereof.
5
THAT the exclusive right of occupation hereby granted shall be
subject to a right in favour of each other co-owner of the property to
enjoy the use of the common services so that each other co-owner
shall be entitled to use the part of the property over which the
exclusive right is granted for the passage or provision of water,
sewerage, drainage, electricity, garbage and other common
services through or by means of any pipes, wires, cables or ducts
existing in or under the land or in the buildings to the extent to
which such pipes, wires, cables or ducts are capable of being so
used. Such right in favour of each other co-owner shall include the
right to have reasonable access to the part of the property over
which the exclusive right is granted and to the extent which the
exclusive right is granted and the extent necessary to maintain,
repair or renew any part of the buildings, or any pipes, wires, cables
or ducts therein.
6
THAT the Fund shall have the unfettered right, subject to the
provisions and stipulations contained referred to in this Deed, to
transfer an undivided share of the property coupled with an
exclusive right of occupation of a unit, but such transferee shall
have no right to use and enjoy any unit relating thereto than to
which is the subject of his exclusive right of occupation.
7
THAT each unit shall be used solely for such purposes approved of
by the Fund and appropriate planning authority and for no other
purposes unless otherwise agreed to in terms of the conditions
hereinafter referred to.
That/…
8
THAT the reciprocal rights and obligations of the registered owners
of the undivided shares hereby created shall be set out in the
Constitution of Warwick house annexed hereto marked Annexure A
which shall be deemed to be incorporated as part of this Deed.
The administration, maintenance and use of the property and the
improvements thereon and all matters related thereto shall be
governed by the provisions of the aforesaid Annexure A.
9
THAT so long as a transferee remains the registered owner of an
undivided share he shall ensure that any invitee or person to whom
he may grant the right of privilege of entry to or occupation of such
unit shall observe and comply with all the relevant provisions of this
agreement and its Annexures.
10
THAT this Deed may be varied or amended only with the consent
of the registered owners of undivided shares in terms of Annexure
A by further Notarial Deed or Deeds and any such variations or
amendments shall be of no force or effect until they have been
registered in the Deeds Registry.
THUS DONE AND EXECUTED at HARARE aforesaid on the day, month
and year aforewritten in the presence of me, the Notary Public/Legal
Practitioner and of the subscribing witnesses:-
AS WITNESSES:
1.
…………………………..
_________________________
For and on behalf of the Fund
2.
……………………………
QUOD ATTESTOR
…………………………………..
NOTARY PUBLIC/
LEGAL PRACTITIONER
NOTARIAL PRECEDENT NO. 8 – ANTENUPTIAL CONTRACT
I certify that the Original hereof
bears stamps to the value of £1:0:0
cancelled by me.
Notary Public
PROTOCOL NO._________
ANTENUPTIAL CONTRACT
Be it hereby made known
That on this the
day of
Nine Hundred and Ninty
in the year of our Our Lord, One Thousand
before me James Wood Elseworth
of Salisbury, Southern Rhodesia
Notary Public,
by lawful authority, duly sworn and admitted, and in the presence of the subscribed
witnesses, personally came and appeared
AUBREY BENJAMIN
of Johannesburg but presently of Salisbury aforesaid, a bachelor of the full age of
majority
LENA SCHATTIL
of Sinoia in the district of Salisbury a
spinster and minor duly assisted hereinafter
father and natural guardian of
JOSEPH SCHATTIL
Of Sinoia aforesaid
And these Appearers did declare, that whereas a marriage hath been agreed upon,
and is intended to be forthwith had and solemnized between the appearers, the said
Aubrey Benjamin and Lena Schattil
they have contracted and agreed, as by these Presents they do contract and agree, each
with the other, as follows, to wit:FIRST - that there shall be no community of Property between the said intended
Consorts, but that he or she shall respectively retain and posses all his or
her estate and effects, movable and immovable, in possession, expectancy
or contingency, or to which he or she has or may have any eventual right
or title, as fully and effectually as he or she might or should have if the
said intended marriage did not take place.
SECOND – that the one of them shall not be answerable for the debts and
engagements of the other of them but that each shall be answerable for his
or her own debts, contracted before and after the said intended marriage.
THIRD – That all inheritances, legacies, gifts or requests, which may devolve
upon or be left, given, or bequested to either of the said intended Consorts,
shall be the sole and exclusive property of him or her upon or to whom the
same shall devolve or be left, given or bequeathed.
FOURTH – That each of the said intended Consorts shall be at full liberty to
dispose of his or her property and effects, by will, conduct or other
testamentary disposition, as he or she may think fit.
FIFTH – That there shall be no community of profit and loss between the said
Consorts, but that each of them shall respectively retain the profits made
by or accruing to him or her, and shall in like manner separately and solely
bear and sustain the losses happening to him or her during the subsistence
of the said intended marriage.
SIXTH – That the said Lena Schattil
shall have and continue to hold, possess and enjoy the sole exclusive and
uncontrolled administration and alienation of all the property and effects
which she is now possessed of, and entitled to, and of all other property
which she may hereafter acquire during the subsistence of the said
marriage without the interference, control or assistance of the said Audrey
Benjamin and every marital power which the said Aubrey Benjamin, shall or
may have or be entitled to acquire ....... during the said marriage, shall be
and the same is hereby ..... as all the ......... of the said effects of the said
Lena Schattil