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UGANDA CHRISTIAN UNIVERSITY

FACULTY OF LAW

ACADEMIC YEAR 2015/16

LLB2 END OF ADVENT/SEPTEMBER SEMESTER EXAMINATIONS

BACHELOR OF LAWS

ADMINISTRATIVE PROCESSES

INSTRUCTIONS:

1) Answer three questions in total including question one which is compulsory;

2) This examination is closed book and comprises of two Sections; A and B;

3) Candidates MUST attempt at least ONE Question from each Section;

4) Use of relevant authorities presented in clear and legible handwriting shall

attract high marks;

5) The University rules regarding the conduct of examinations shall apply to

this examination;

6) Time allowed is 3 Hours.

SECTION A

(QUESTION1: COMPULSORY-30MARKS)

A. Larweta has been mobilising to Contest for the position of LC5 Chairperson

for Balpe Constituency since 2012. To this end he sank bore holes,

mobilised women groups, encouraged formation of saving schemes, etc. He

even left his lucrative job in Nairobi, Kenya for this Cause. Recently,

Larweta picked up the forms at the Electoral Commission and filled them

ready for nomination. On nomination day, he appeared with his supporters

for nomination only to be told that the Electoral Commission had a meeting

a day earlier and declared him unfit to contest on grounds that he does not

possess the requisite academic qualifications required of an MP and is

suspected not to be a Ugandan. Larweta also learnt that, Mr. Okalebo, his

arch rival for the seat was the one who actually made the complaint to the

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electoral commission and that Okalebo was actually the Chairperson of the

Committee that sat and disqualified him. Further that Mr Okalebo managed

to convince and influence the other members of the committee that it was

time wasting to call Mr. Larweta to make a presentation to the Committee as

all the allegations were true. When Larweta asked to be availed the

Committee records and ruling, the returning officer told him that everything

was verbal and therefore he did not have such records. The returning officer

also told Larweta that the Committee had declared him unfit to contest for

any post within Uganda for the next 20 years.

Larweta has come to you for legal counsel. He wants to know his rights

and liabilities (if any) and his chances of success as he intends to bring

an action against the electoral Commission. Raise all the legal issues

involved and advise Larweta.

(20 Marks)

B. ON 10/11/2015, while Blessed, a second year UCU Law Student was from a

prayer meeting at Christ’s Heart Church, Mukono enroute to her hostel at

1:00AM she met three (3) plain clothed police personnel who were on their

routine patrol. The police ordered her to stop and asked for her identity card

which she did not have. The policemen kicked and tortured her in spite of

her plea that she was a student from a prayer meeting. The police labelled

her a suspected thief. She was taken to Seeta Police station and locked up for

3 weeks. Blessed was thereafter released without any Charge preferred

against her. A thorough medical examination revealed that her kidney was

damaged due to the beating and also had a fracture on her arm. It was later

discovered that only two of the persons who tortured her were police

officers-i.e CPL Matata and PC Watwero. The third person, though was on

police uniform was actually just s recently trained crime preventer-

Mr.Lakelpeko and was disowned by the police.

Blessed wants her tormentors punished. She also wants compensation

for the torture and humiliation she encountered in the hands of these

brutal men and has instructed you as his Attorney. Raise all the legal

issues involved and advise Blessed of her rights and liabilities.

(10 Marks)

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QUESTION 2:

Critically discuss the major tenets of fair hearing as enshrined under Article 28 and

42 of the Constitution of the Republic of Uganda, 1995 in as far as administrative

processes are concerned. (20 Marks)

QUESTION 3:

‘……the Court would not inquire whether he did in fact favour one side unfairly, suffice it that reasonable people think he did, the reasons remain: Justice must be

rooted in confidence and confidence is destroyed when right minded people go

away thinking that the judge was bias.’ Per Lord Denning in Metropolitan

Properties (FGC) LTD Vs Lennon (1969) 1QB 577.

Critically discuss the above dictum in relation to the law on bias in Uganda.

(20Marks)

SECTION B

(SELECT TWO QUESTIONS)

QUESTION 4:

A. Differentiate between prerogative and equitable remedies in the field of

Administrative Law.(5Marks);

B. Critically analyse the Legal Principles governing temporary injunctions in

Uganda.(15Marks)

QUESTION 5:

A. What are Commissions of Inquiries?(4Marks)

B. With the use of relevant examples, critically analyse whether Commissions

of inquiry are of any relevance in Uganda.(16Marks)

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QUESTION 6:

“The Inspectorate of Government is a useless office and should be abolished. It

has failed to execute its Constitutional Mandate.” Per Rachael Nalwoga, an LLB 2

Student of UCU.

Do you agree with the above assertion? Give Reasons for your answer. (20 Marks)

QUESTION 7:

Write Short notes on any 4 of the following:

a. Substantive ultr vires;

b. Fettering Discretion;

c. Injunctions against Government;

d. Government Liability in tort;

e. Mandamus;

f. Independence of the Inspectorate of Government vis-avis opinions of the

Attorney General;

g. Locus Standi.

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UGANDA CHRISTIAN UNIVERSITY

FACULTY OF LAW

SECOND YEAR END OF ADVENT SEMISTER FINAL EXAMINATION

ACADEMIC YEAR 2015/2016

PAPER: LEGAL METHODS LLB II DATE: December, 2015

TIME: 3 Hours

INSTRUCTIONS:

1. This is a CLOSED BOOK EXAM.

2. Answer Four questions in total.

3. The examination comprises of two sections: A and B. Question 1 of section

A and question 4 of section B are compulsory and shall each carry 20 Marks.

The rest of the questions shall carry 15 Marks each.

4. Support your answers with relevant authorities.

5. The University rules regarding the conduct of examinations shall apply to

this examination.

6. The time allowed is 3 Hours.

SECTION A

(ANSWER TWO QUESTIONS)

QUESTION 1 (COMPULSORY) “There cannot be effective administration of justice to all in Uganda because the majority are too poor to afford legal representation” Discuss. (20 Marks)

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QUESTION 2 a) Read the following case and answer accordingly. In 2005 the Court of Appeal held that Thomas Muwanga, an advocate, was not liable for negligence when presenting cases in court. In 2015, Happy Bosco Okoth, an Advocate, represented Jamila Kayungirizi in a contractual dispute and failed to prepare adequately for her case which resulted in Jamila's claim for damages being dismissed. Jamila is now suing Happy Bosco for negligence. If Jamila’s case against Happy Bosco was now being considered by the Court of Appeal what factors would be relevant for the court in overturning its previous decision involving Thomas? (7 MARKS) b) In 2014 Lukoba, a plaintiff was awarded damages of 5 million in a case he had filed against Senyange for breach of contractual obligation in the High Court of Uganda at Kampala. In his pleadings, Lukoba had prayed to court for an award amounting to UGX 15 Million. He was not contented with the damages awarded. His notice of intention to sue was denied. He has no option of revision or review. He has just learnt that the Judge who handled the case has since been appointed Judge of the Court of Appeal/Constitutional Court. He is now thinking of engaging different Counsel to take up the case a fresh bearing the same cause of action and issues as the previous case against the same defendant Senyange.

Advise Lukoba (8 MARKS)

QUESTION 3

a) In view of legal writing and with examples distinguish between persuasive and predictive legal analysis. (5 Marks)

b) With examples, explain the distinguishing features in legal writing. (10 Marks)

SECTION B

(ANSWER TWO QUESTIONS)

QUESTION 4 (COMPULSORY)

a) In dealing with Statutory Interpretation, the relationship between the legislature and the judiciary cannot be ignored. It is the prerogative of Parliament to make laws and that of the Judiciary to interpret and apply what Parliament has legislated.

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Explain the rule and position developed in Pepper (Inspector of Taxes) Vs. Hart. (1993) 1 ALL ER 42 and how it departed from the rule established in Hydon’s case [1584] 3 Co Rep 7. (10 Marks)

b) In Pratt v S.E. Railway (1897) 1QB 718, Lord Café lays down a number of rules applied in interpretation of documents. With aid of authorities, explain the rules to construction and interpretation of documents. ( 10 Marks)

QUESTION 5

a) Explain the difference between the terms in the context “to amend” and “to repeal” a law. (3 Marks)

b) Article 248(1) of the Constitution of the Republic of Uganda, 1995 establishes the Uganda Law Reform and mandates the commission to study and keep under constant review the Acts and all other laws comprising the laws of Uganda with a view to making recommendations for their systematic improvement, development, modernization and reform.Explain the roles and powers of the Uganda Law Commission in promoting law reform in Uganda? (12 Marks)

QUESTION 6

a) Explain the following:

i) What is the difference between an “Act of Parliament” and a “Statutory Instrument”? (2 Marks)

ii) Giving examples explain the difference between the terms “retroactive” and “retrospective” application of the law (2 Marks)

b) In order of hierarchy, explain the primary sources of legal research in Uganda (8 Marks)

c) Identify and write short notes on any three of the following that form part of the anatomy of an Act of Parliament in Uganda (3 Marks)

i) Preamble; ii) Short title; iii) Long title; iv) Marginal notes; v) Schedule; vi) Cross references.

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UGANDA CHRISTIAN UNIVERSITY

UNIVERSITY EXAMINATIONS

FACULTY OF LAW

FINAL EXAMINATION SEPTEMBER SEMESTER 2015

BACHELOR OF LAWS, SECOND YEAR FIRST SEMESTER

PAPER: NATURE & HISTORY OF TORTS

TIME: 3 HRS

DATE: DECEMBER 2015

INSTRUCTIONS:

1. Do not write your name on the answer book. You should write only your student number, correctly and legibly, in the space provided on the cover of each answer book.

2. You should not discuss with anyone.

3. This exam must be completed within three hours.

4. This is a PARTIALLY CLOSED BOOK examination. Candidates may bring into the examination room and consult therein ONLY CLEAN COPIES OF THE READING LIST.

5. Answer THREE questions only. Question ONE is compulsory

Question 1 (Compulsory)

Dave, Arthur, Lucy, and Ellie are sitting in the students' union restaurant discussing their outfits for the forthcoming 'Law Society Ball'.

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Mike, Lucy's ex-boyfriend, walks by and says quietly to Dave, 'I'll get you! No one steals my girl and gets away with it'. Although Dave is not particularly upset by this, he decides to teach Mike a lesson. When no one is looking, he deliberately trips Mike up; Mike falls over but is not hurt. He quickly jumps up and runs after Dave. Mike hits Dave and pushes him away; Dave falls awkwardly and hits his head.

As Lucy rushes to get a doctor, Mike corners her and whispers, 'I miss you, let's try again'. She pushes him away.

Meanwhile Arthur and Ellie have sneaked into the restaurant’s store room for some time alone. On seeing this, Mike locks the store room door. It remains locked until Stuart, the waiter, comes on duty some time later and unlocks it.

Later that evening, Mike calls Helen, Dave's pregnant ex-girlfriend, who lives some distance away, and tells her that Dave has been badly hurt. She takes the news very badly and she has suffered from anxiety and seeks daily counseling to deal with her emotional problems.

Raise the legal issues and advise the aggrieved parties on the possible causes of action, and remedies available to them. (30 Marks)

Question 2

EITHER

a) The courts developed three major defences in the law of torts during the period of industrial capitalism. What explains their development? (20 Marks)

OR

b) 'The basic legal principles of the law of torts were developed during the era of mercantilism'. Critically discuss. (20 Marks)

Question 3

Daniel rents a detached house from his brother Christopher. Next door to the house is a shop owned by Mr. Muhumuza. One of Mr. Muhumuza’s customers has reversed his car into the shop fence and knocked it down. Mr. Muhumuza has concreted over the fence post holes and has not yet replaced the fence panel which is still lying on Daniel’s garden.

Daniel claims that a board advertising the shop which over hangs the boundary is ugly and needs to be removed. There are also two fruit trees at the rear of the shop which have branches overhanging Daniel’s garden. Mr. Muhumuza frequently goes into Daniel’s garden and uses his ladder to pick fruit

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off his trees. He usually leaves his ladder on Daniel’s garden, damaging his vegetable patch. Daniel has told Mr. Muhumuza not to do this and one day, Daniel takes Mr. Muhumuza’s ladder in protest.

Advise whether Daniel may have any claims against Mr. Muhumuza in the tort of trespass to land. (20 Marks)

Question 4

Discuss whether or not vicarious liability can be imposed in the following cases:

i. Charlotte is employed as a courier for Regal Mail plc. On a Sunday, she uses a company van to give her friend a lift to the airport. On the return trip home, she decides to make a number of deliveries to locations between the airport and her house. After making one such delivery, she negligently crashes into a car being driven by Pat. (5 Marks)

The lifts at BioTech’s main office have begun to malfunction. BioTech engages LiftFix Ltd to repair and service the lifts, solely on the ground that LiftFix claimed they could repair and service the lifts for 50 per cent of the cost of any of their rivals. The contract between BioTech and LiftFix states that LiftFix are to be regarded as independent contractors. LiftFix repairs are negligently performed and, as a result, one of the lift cables snaps and the lift plummets to the bottom of the lift shaft, killing its occupant, Damian. After investigating further, BioTech discovers that LiftFix has been sued on several occasions for negligence. (5 Marks)

Charles is employed as a doorman by Lion Lion plc, a company that owns a chain of nightclubs throughout Uganda. One night, whilst working at one of Lion Lion’s clubs, he is alerted to a drunken customer who has been kicking the toilet doors and has caused substantial property damage. Charles ejects the customer, but in doing so, he breaks the customer’s arm. (5 Marks)

Would your answer differ if Charles had been expressly prohibited from manhandling troublesome customers? Justify your answer. (5 Marks)

ii.

iii.

Question 5

Originally conversion was concerned with the defendants wrong dealing with the claimants chattel so as to deprive the claimant of its value.”

With the aid of relevant authorities and case law, discuss the development, forms and principles relating to conversion of goods in Uganda. (20 Marks)

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Question 6

In the Hood, a weekly fashion and TV magazine, is famous for its celebrity ‘scoops’. This week’s issue includes the following stories:

TV chef

‘TV CHEF IN JUNK FOOD SHAME!’ – a two-page story about a TV chef, who prides himself on his healthy recipes, who has been spotted buying reconstituted meat in his local supermarket. In fact, he was accompanied by a film crew and was buying it for the new series of his show. The article does not mention this.

Rack and Horse Design

‘EXPLOITED FOR THE SAKE OF FASHION’ – a four page feature in which claims are made about, Rack and Horse Design, a discount clothing company. The article suggests that the company is:

exploiting their shop workers in Uganda by paying below minimum wages; destroying the environment through their continued use of highly toxic dyes; forcing workers in the developing world to work in ‘inhumane and degrading’ conditions.

Celebrity photographs

BOOZED-UP, WASHED-UP, KICKED OUT’ – a photo spread (accompanied by brief captions) of ‘celebrities’ appearing worse for wear after a night out. Underneath the headline – but in much smaller print – there is an explanation that these are staged photos using celebrity lookalikes.

Raise the relevant issues and advise In the Hood’s editor as to the magazine’s potential

liability. (20 Marks)

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UGANDA CHRISTIAN UNIVERSITY

UNIVERSITY EXAMINATIONS

FACULTY OF LAW

FINAL EXAMINATION SEPTEMBER SEMESTER 2015

BACHELOR OF LAWS SECOND YEAR FIRST SEMESTER

PAPER: FOUNDATIONS OF LAND LAW DATE: 7th

DECEMBER, 2015

TIME: 9.00 – 12.00 PM

INSTRUCTIONS:

1. This is a partially open book exam. Candidates are allowed to bring CLEAN reading

lists into the examination room for consultations. However, candidates may not

consult each other during the examination.

2. Candidates must answer a total of three questions. However, at least one question

must be attempted from each section.

3. All questions carry equal marks.

4. Extra credit will be awarded for answers that are well thought out and for the effective

use of examples and authorities drawn from topics covered in the course.

SECTION A

QUESTION 1

Tanga Odoi is the registered proprietor of land comprised in Gomba Block 200 Plot 10

measuring 7 acres. He acquired the same by purchase from the then owner, one Jacob

Muntu in 2012. Part of the land is occupied by three squatters. Beatrice Anywar, occupying

50 decimals, was born and raised on the land since 1990. She inherited the same as her

beneficial share in the estate of her late father Ofwono Opondo, who had occupied the land

from 1969, till his death in 2013. Patrick Amama occupies 45 decimals, having entered on

to the land in 2011. He claims to have purchased the kibanja from one Yoweri Musanvu,

who he claims had occupied the land for 12 years from 1998 as a customary tenant. Kenneth

Besigye occupies 40 decimals. He entered on the land in 2007 with the consent of Jacob

Muntu, the owner at the time, on condition that he paid an annual fee of 100,000/= for the

use of the land. Tanga Odoi having not been privy to any of the alleged transactions giving

rise to the occupant’s claims wants them off his land, despite their claims that they are protected by law. He is also desirous of sub -dividing the land into various plots of about 50

decimals each. He would also like to sell off one acre of his land to Yung Chung, a Chinese

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national, who wants to construct a fertiliser plant in the area. He is however worried, that

Ann Kansiime, the mother of his two children, with whom they reside on just a portion of

the land, has been hostile of late over Tanga Odoi’s continued postponement of their

intended marriage ceremony, and may withhold her consent to the intended transactions.

In light of the foregoing facts, and considering the relevant legal issues and applicable law,

advise all the parties on their respective rights, interests and recourse in the circumstances.

[23.3 Marks]

QUESTION 2

The 1995 Constitution is credited for having granted to customary tenants security of tenure

who had hitherto been rendered tenants at sufferance by the past legal regimes

In light of the foregoing statement and making reference to provisions of the Constitution,

the 1998 Land Act and case law, discuss how customary tenants enjoyed security of

tenure.[23.3marks]

QUESTION 3

A. The Excerpt below Government wants express Land acquisition is removed from the

New Vision of September 5 2014.

“The government has mooted an amendment to the legal regime governing the acquisition of private land for the public projects to provide for acquisition of

such land before compensating its owners. The development according to the

Minister of Energy is aimed at removing impediments to public projects

especially those that are infrastructural in nature that stalls as wrangles over

compensation rage.”

In light of some provisions of applicable law in Uganda (Constitution, Land Act, &

Land Acquisition Act); discuss the propriety of Government’s intended move as set

out in the above excerpt. [13 marks]

B. Focusing on Kampala city, discuss the factors that affect urban development [10.3

marks]

SECTION B

QUESTION 4

“Every acre of English soil and every proprietary right therein have been brought

within the compass of a single formula, which may be expressed thus:—Z tenet

terram illam de . . . domino Rege. The king himself holds land which is in every sense

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his own; no one else has any proprietary right in it; but if we leave out of account this

royal demesne, then every acre of land is “held of” the king. The person whom we

may call its owner, the person who has the right to use and abuse the land, to cultivate

it or leave it uncultivated, to keep all others off it, holds the land of the king either

immediately or mediately.” (Pollock and Maitland, The History of English Law

before the time of Edward I, vol. 1, 2nd

edition, Cambridge university press

[1898,1968] page 246-247)

In light of the above statement, explain the doctrine of tenures and estates in English Law,

and clearly explain its relevance to Uganda. [23.3 marks]

QUESTION 5

Cain died and bequeathed his land known as Kyaggwe Block 100 Plot 5 situate at Mukono

to his three children Esther, Abel and John “to hold jointly”. Three months after his death, John decided to build a house on his portion of the land. He convened a meeting of all the

beneficiaries and informed them about his decision. He also asked them not to interfere with

his plans.

Abel was displeased by John’s actions. He devised a plan to safeguard his portion of land from John in the future. Abel made a Will under which he bequeathed his portion of land to

his eldest son Joseph.

Meanwhile, John has just met a breathtakingly pretty girl Abigail. He has fallen in love at

first sight and would like to marry her. However, he needs to raise 4 million Uganda shillings

to buy her a befitting wedding ring. To do this, John has decided to sell his portion of land to

Judas. Abel and Esther have refused to let Judas take possession of the land. They have

vowed that he will only ‘take it over their dead bodies’.

Unfortunately, Esther who has been battling with cancer for years has just passed away. Her

son David is seeking to take over her share of the land.

Raise all the legal issues involved and advise the parties. [23.3 Marks]

QUESTION 6

Critically analyse the development of the Mailo land tenure system in Uganda between 1900

and 1995. [23.3 Marks]