MAKEREREUNIVERSITY

SCHOOLOF LAW

FIRST YEAR EXAMINATIONS FOR THE DEGREE OF BACHELOR OF LAWS

(LL.B)

ACADEMIC YEAR, 2016/2017- SEMESTER II

L1210- PRINCIPLES OF CONSTITUTIONAL LAW II

DATE: WEDNESDAY, JUNE 6, 2017    TIME: 2:00—5:30 P.M.

INSTRUCTIONS:

(a)    With the exception of CLEAN COPIES of the 1995 Constitution, no written or
transcribed materials of any kind or form are permitted into the examination room.

(b)    Answer FOUR Ml questions IN TOTAL, selecting TWO (2) from Section A, and at
least ONE (1) from sections B and C;

(c) For the avoidance of doubt, Question 1—marked with an asterisk (*)—is
COMPULSORY.

(d)    Use only ONE (1) answer book.

(e)    Answers that are clearly thought-out, well structured and authoritatively supported
will obviously earn higher marks.

SECTION A:

Answer TWO (2) questions ONLY, including Question 1, marked with an

asterix (*)

1 * (30 marks):

Critically review the impact on the Rule of Law and democratic constitutionalism in
Uganda of ANY THREE (3\ of the following recent events:

(a)    The government directive on the mandatory registration of mobile phone SIM-cards

and the subsequent disconnection and re-connection of purportedly non-compliant
subscribers;
(b)    The arrest, detention and alleged torture at the Nalufenya Police facility of suspects in
the murder of Assistant Inspector General of the Uganda Police Force, Andrew Felix
Kaweesi;

(c)    The decision of the Supreme Court in the case of CEHURD & 3 Ors. v. Attorney
Genera/(Constitutional Appeal No.1 of 2013);

(d)    The charging of Makerere University researcher—Stella Nyanzi—with “computer

misuse” for allegedly referring to President Yoweri Museveni as a “pair of buttocks” on
her Facebook wall.

2.    (20 marks):

National Resistance Movement (NRM) member of parliament Zari Cassandra has drafted
a Private Member’s Bill titled “The Presidential Advisors (Taming) Act’ addressing the
appointment and removal of advisors to the President. Following the second reading of the
Bill, President Yoweri Museveni wrote to the Speaker of Parliament, copied to the
Secretary General of the NRM, the Chief Justice (CJ) and the Director of Public
Prosecutions (DPP), arguing that the Bill was “an affront to the powers of the Executive
and it will illegally infect and amend the Constitution.” The President directed as follows:

1.    The Speaker should stop further debate by MPs on the Bill, it should be immediately
withdrawn, and Parliament prorogued for two months;

2. MP Zari should be disciplined and expelled by the NRM Secretary General for violating
Party policy and ‘invading’ the sacred arena of Executive power;

3.    The DPP must charge MP Zari with the offence of ‘Violating the Constitution,’ under
Article 3 of the 1995 Constitution, and

4.    The Chief Justice must establish a special tribunal to hear the case and to sentence MP
Zari to 5 years in jail plus 20 strokes of the kiboko.

Two MPs have come to your Chambers; they feel there has been a gross violation of both
the procedural and the substantive provisions of the Constitution and want to challenge the
President’s action. Consider the various issues raised and advise them on what they should
do.

3.    (20 marks):

“It may be argued, with some justification that, circumstances may require that an interim
injunction be issued by this court to prevent irreparable loss or damage or to stop a
possible serious violation of a constitutional right especially if the matter concerns
fundamental human rights and freedoms. This however can only be legally addressed by
the 
legislature or the Hon. The Chief Justice issuing a legal instrument providing for interim
orders in constitutional matters and specifically providing for a Coram that is less than five
Justices where the circumstances so require. Such a law however, must pass constitutional
the 

test,- especially in regard to jurisdiction.”

Justice F. Egonda-Ntende in the case of Murisho Shaft & 5 Ors. v. Attorney General
(Constitutional Application No.2 of 2017).

Critically explore the different dimensions of the decision of the Constitutional Court in the
above case, with a particular focus on:

(a)    The history and the nature of the problem being addressed by Justice Ntende, and the
implications of the decision of the court for the provisions of articif s 12G and 128 of th -
1995 Constitution. AND

(b)    The roie of the Con ;titutional Court in i nsuring that it effe; Lively delivers on its
mandate under Article 117.

§ECTION_B_( Answer ONLY ONE M)Y!ucslioni

A,— A25j«arks):------

"It is my view that our Constitution was made by Ugandans mid for Ugandans. Non-citizens of
whatever kind enjoy no recognition and definitely no rights under.it.”

perSyodoki, an LL.B student in a class discussion.

(a)    Respond to the above statement in light of the provisions of Cdiaptu^ Three and Four of the
Constitution of Uganda, AND

(b)    Discuss the challenges involved in determining citizenship in Africa. Support your answer
with relevant authorities.

5.    (25 marks):

"In general, the CA [Constituent Assembly] was very liberal in alUwmg whichever community
wanted to be recognised as a distinct nmiorndity to have itself so-recorded in the Third Schedule
of the 1995 Constitution. Being in the Third Schedule was important because it is only by
reference of one's ancestry to the scheduled nationalities that one can be a citizen by birth.
Though this is of little significance in practical terms it is the popular basis for determining
whether one is a "true" Ugandan or not.”

per John-Jean B. Barya, Reconstituting Ugandan Citizenship Under the 1995 Constitution:A
Conflict of Nationalism, Chauvinism and CBR Working Paper No.55 2000

(a)    With reference to relevant Constitutional provisions, statute law ami other authorities
explain the different ways by which a person whose community is not stated in the Third
Schedule to the Constitution can acquire Ugandan citizenship, AND
(b)    Why is the question of citizenship important in the study of Constitutional Law?

6.    (25 marks):

‘Therefore citizen’s rights and their responsibilities are two sides of tlae same coin and go hand
in hand. If we have rights we must ha\-e corresponding responsibilities. The trouble with society
today is that it places more emphasis on the former while neglecting the latter yet °ne cannot
flourish in the absence of the other.”

Concluding remarks by Zijjan, LL.B 1 student in a class discussion. Examine the veracity
of this statement.

SECTION C (Answer ONLY ONE (11 question)

7.    (25 marks):

“If we just think and taik about “human rights, human rights” at the end of the day there will be
no order or morality but just anarchy.”

perLLB I student.

With the aid of authorities and decided cases, consider the validity of this statement in light of
Article 43 of the 1995 Constitution.

8.    (25 marks):

Moses, Jane and Albert arc First Year law students at Makerere University. Angry at delays in
obtaining their university identification cards. they organize a protest against the university
administration. scheduled to coincide with the start of the end-of-Semester examinations. Upon
learning of these plans the Administration suspends the three students. noting that there is no
room for “playing games” at Makerere University. According to the Administrator who hands
them their suspension letters, their plans appear to be linked to the general trend of lawlessness
practiced by opposition political parties in the country and that as an institution, Makerere would
instead follow the line of “ Kisartja hakuna mchezcf announced by the Head of State. As they
head to their respective halls of residence to collect their personal items, they are confronted by a
group of fellow First Year Law students, chanting ‘‘hakuna mchezc.f ’ and wielding large sticks.
They are led by Jackie, who intends to stand for Guild President in her second year, and seeks to
make it clear that she has the capacity for the difficult job of student leadership. The
group proceeds to thoroughly cane Moses, Jane and Albert accusing them of having selfishly
planned to disrupt university exams to the detriment of the entire class. As this is going on, a
group of police persons at the university seciinty detach look on in amusement, and occasionally
shout words °t encouragement to Jackie and her team.

Moses, Jane and Albert are annoyed and frustrated by the treatment they liaw received thus far.
Aware that you were a particularly keen student in the Constitutional Law class, they approach
you for advice regarding possible legal redress. Having regard to all relevant issues and
authorities, comprehensively advise them in this regard.

9.    (25 marks):

Critically assess the extent to which the Ugandan Judiciary has adequately and appropriately
applied the principles of constitutional interpretation in the adjudication of cases.

ALL THE BEST!

1-

•A

J    MAKERERE UNIVERSITY

UNIVERSITY EXAMINATIONS “

FIRST YEAR EXAMINATIONS FORTHE DEGREE OF BACHELOR OF LAWS (LL.B)

ACADEMIC YEAR, 2015/2016-SEMESTER II

L1210 - PRINCIPLES OF CONSTITUTIONAL LAW

DATE: TUESDAY, MAY 10,2016    TIME:2:00 PM— 5:30 PM.

INSTRUCTIONS:

(a)    With the exception of clean copies of the 1995 Constitution, no other materials are
permitted into the examination room.

(b) Answer FOUR (4) questions, selecting TWO (2) from each section including Question 1 (*),
which is COMPULSORY.

(c)    Answers that are clearly thought-out, well structured and authoritatively supported will
obviously earn higher marks. All questions carry equal marks.

SECTION A:

(ANSWER TWO (2) QUESTIONS INCLUDING QUESTION D

O.l (COMPULSORY):

Press Release (May 5th, 2016)

“Therefore, at its sitting yesterday, Cabinet directed the Police to ensure that the Interim Order
issued by the Constitutional Court against die “Defiance Campaign” is strictly adhered to.
Cabinet also directed that ALL live broadcast media coverage of the activities of the “Defiance
Campaign” organized by Dr. Kizza Besigye and his cohorts should stop forfh-with. Any
media houses that continue offering live coverage of the so-called “Defiance Campaign” risk
having their broadcasting iicenses revoked.”

Jim K. Muhwezi, Minister of Information & National Guidance

Carefully analyse the above statement and discuss its implications f°r the basic principles of
Constitutional Law. The use of decided cases to illustrate your points will garner you more
marks.

SCHOOL OF

ALAW

UNIVERSITY ^
MAKERERE

SEMESTER IUNIVERSTY EXAMINATIONS 2014/2015 BACHELOR OFLAWS

L1210 PRINCIPLES OF CONSTITUTIONAL LAW H Academic year 2014/2015 May 12*

2015 2.00 pm-5.30 pm

INSTRUCTIONS:

i. This is a PARTLY OPEN BOOK examination. Only a CLEAN AND UNMARKED copy of
the 1995 Constitution may be brought into the examination room. Other than this, no written or
printed materials are permitted.

ii.    Question One is COMPULSORY and must be attempted by all candidates.

iii. Answer FOUR (4) questions in total, including Question One. In addition, you should attempt
AT LEAST ONE <U question from eacJlPf the three^sections. Each question is worth twenty
Eve marks.

iv.    Use only ONE 16 page answer booklet provided.

v. Answers that are clearly thought-out, well structured and authoritatively supported will earn
higher marks.

SECTION A

QuestionJ (Compulsory Question!

‘As proposed in a substantial number of people’s views, it is possible to vest the vital role of
interpreting the constitution in a body other than the court..., but there are advantages to giving
the role to the courts, and in a country such as ours they are the bodies best equipped to offer
interpretations of the law. They also have the necessary degree of independence from the
executive and the' legislature to be able to make rulings without fear or favour...nevertheless it is
not without some misgivings that we reach that conclusion, for the performance of the courts in
dealing with constitutional matters since independence has not been spectacular. They have
tended to be conservative and literal in their interpretations, and have been far from activist in
their approach.’ Per Report of  the Uganda Constitutional Commission, at Paragraph 17.88.

Based on relevant decisions and principles, critically assess the extent to whidi the Constitutional
Court has been able to overcome these misgivings in its interpretation of the 1995 Constitution.

Onestion 2 ‘Unfortunately in spite of our best efforts to put m place an

Legal Framework; we have failed dismally and history has repeated itself; successive
parliaments since the enactment of the 1995 Constitution have been increasingly self-.seeking
and corrupt, elected members have shown little interest in the needs and problems of their
electorate once elected; they have abdicated their roles and now

espouse none of the principles that make a truly representative legislature.’ Per LLB 1 student.

With concrete examples, assess the veracity of this statement.

SECTION B

Question 3

During a heated debate on Radio Binnuma, a one Kamulali asserted -

...the doctrine of separation of powers - if at all its one- is dead. It is a useless piece of verbosity
that should be discarded outright. It is about time that we thought of more pragmatic ways to
govern ourselves....

With the use of decided cases, journal articles and other relevant authorities in constitutional law,
critically analyse the veracity of tliis statement

Question 4

'The clamour for economic, social and cultural rights is unjustified. We have more pressing
issues like third term debates, removing the presidential age limit, increasing MPs salaries,
etc. Please lets be serious and stop swallowing everything the "western world’ throws at us. ’
Do you agree? Justify your answer using legally recognised authorities.

SECTION C
Question 5

With clear examples and appropriate authorities, critically assess the meaning and scope of
Article 22 of the 1995 Constitution.

Question 6

‘After perusing the relevant provisions of the Constitution and considering submissions of
counsel for the petitioners and respondent together with the authorities referred to us, wre find
nothing unconstitutional about [the offence of promoting Sectarianism].’ Per the Constitutional
Court in Andrew Mwenda and East Africa Media Institute v Attorney General

[2005]    '

Discuss the above statement, having regard to all relevant provisions of the Bill of Rights
[Chapter Four] of the 1995 Constitution of Uganda.

MAKERERE UNIVERSITY--------------

UNIVERSITY EXAMINATIONS FIRST YEAR EXAMINATIONS FOR THE DECREE

OF BACHELOR OF LAWS (LL.B)

ACADEMIC VEAR, 2013/2014 - SEMESTER II

L1210 - PRINCIPLES OF CONSTITUTIONAL LAW

DATEi MONDAY, MAY 19,2014    TIMEi 2.00 PeM— SsSC PJM«

INSTRUCTIONS

(a)    With the exception of clean copies of the 1995 Constitution, no other materials
are permitted into the examination room.

(b) Answer FOUR (4) questions, selecting TWO (2) from each tccfcisre.

(c)    Answers that are clearly thought-out, well structured and authoritatively supported will
obviously earn higher marks. Ail questions carry equal marks.

SECTION At

(ANSWER ANY TWO (2) QUESTIONS'!

AQUESTION 1:
‘Insofar as the law is concerned, the Speaker of Parliament is supreme both within the House and
else'where in the country; s/he embodies the supremacy of Parliament as well as the ‘power of
the people’ itself and her word is therefore final.’

per LLB 1 student.

Carefully analyse the above statement particularly in light of the relevant provisions of the 1995
Constitution and decided case law on the matter.

t QUESTION 2:

'The <>/Ji<'e of a judge is a protected one. He or she enjoys the security o f tenure. A judge may
be removed from ojfwe only for the grounds specified under Article 144(2)  oh the Constitution
otherwise he/she is supposed to keep his/her oJJice until he/she reaches the retirement age. His or
her remuneration cannot be varied to his or her disadvantage. These and other protections are
intended to maintain the independence <>f ihe judiciary as a separate organ of Government
and the independence of Judges as individuals. Judges will only be strong pillars in
the maintenance of the rule of law and proper administration of justice f they are protected /rom
threats of arbitrary removals from their office, among other things'

perJustice Zehurihize, in Re: Hon. Justice Anup Singh Choudry v. AG, HCT-PO-CV-

MC- He* OST4 OF 2C'12

CfiticaHvTeflectontheoboue-Statement in relation to the experience of the Judiciary in Uganda.

QUESTION 3:

Discuss the doctrine of Cabinet and Individual Responsibility and its evolution since enactment
of the 1995 Constitution of Uganda.

QUESTION A:

Alarmed by an upsurge in public hissing in Uganda, the Minister of Ethics & Morality and
Member of Parliament for Kasohoso East, Rev. Marvin Kampi decides that the appropriate
remedy for the phenomenon is to institute a ban on the practice via a Bill in Parliament. Entitled
the Anti-Kissing and Other Related Practices Bill (AKOB), it contains the following provisions,
inter alia:

A.    Any public hissing, smooching or other meeting of the lips of two persons is hereby banned;

B.    Any person found committing any of the above, is guilty of an offence against the order of
nature and will be summarily sentenced to a term of 10 years with no option of bail, and

C.    Special Courts for the purpose of addressing this phenomenon are hereby established.
Due to the sensitivity of the matter, Rev. Kampi persuaded the Speaber of Parliament, Hon.
Mariam Agada to hold closed sessions of the House to deliberate on the Bill. Two days of the
weeh were thus set aside for a marathon debate on the Bill, and despite a lach of quorum, the Bill
was adopted on its 1st reading at 2-OOAM in the morning. Rev. Kampi declared: 'This is an
historical bill which we have adopted late at night after only one reading; those who hiss in
public should now beware!’ Corporal Buto who had been following the proceedings on radio
decided that it was the opportune time to exact revenge on his neighbour, Anna Kalisto. Armed
with a copy of the Bill, Buto stormed Anna’s house declaring: ‘Vou have always been
hissing your husband Max in front of me; today you are in trouble.’ Grabbing a 'selfie* photo of
the couple in an intimate embrace, Buto told her to appear at Wandegeya Police Station the next
morning to answer charges related to the AKOB. The next day, Anna was paraded before
Speaber Agada, Corporal Buto, and the Rev. Kampi, MP. Anna ashed to be represented by a
lawyer but was told by the ‘court’ that the Bill made no provision for such. After several minutes
of loohing at the selfie. Rev. Kampi declared: ‘We have found you guilty under the AKOB and
hereby sentence you to 15 years in jail; 10 years as the maximum and another 5 because you
have been very stubborn!’

Anna manages to send you a WhatsApp message from Luzira Prison where she has been
detained; discuss all the issues raised by her story and advise accordingly.

SECTION B (ANSWER AMY TWO QUESTIONS)____

QUESTION S;

With the aid of relevant authorities, assess the nature and scope of the right to education under
the 1995 Constitution.

QUESTION 6»

’It is a fact that however well-intentioned you are, to run a country you are going to have
'Safe houses.” Vou are going to have so many things that happen. Maybe you  do not
experience them, maybe / harcBy...notice them, but some people have to do the dirty work to
keep you safe. / have never been against safe houses... Any  country in the world has safe
houses. Any country in the world that feels really attacked will retaliate... So there are safe
houses in London...there are safe houses in every country in the world!

per John Nagenda, Senior Presidential Advisor, in Olive Kobusingye (2010) The

Correct Line at 29.

Critically analyze the above statement in terms of the Bill of Rights (Chapter 4) protections in
the 1995 Constitution.

QUESTION 7:

Ultllih 4 li£v
 (nut®-*'4* •

Moses Musoke—a first year law student at St Thomas of Aquinas University—was walking home
one evening when he observed a woman being accosted by two ruffians. He came to the
woman’s defence and. fortunately was able to ward off the attackers, and continued on his
journey after ascertaining that the woman would be safe from then on. The next morning, three
police officers stormed his Constitutional Law class, quickly handcuffed him andBundtedhim
into the bad?of a pick-up truck

andon to the Central PoifceTtatTorTtCPS):    ------—

On arrival at CPS, he was stripped of all his clothes and belongings, save for his boxer shorts,
and forced to squat on the floor alongside seven other suspects. Among them were the two men
he recognized as the attackers from the previous evening. A few minutes later, a crew from
Countrywide TV atei/AcTAt the station, and started filming n them. Musoke tried to hide his face
in his hands and was jlgppedAseverely. The TV crew w§fe~shortly~~joined~by-Qtherjournalists
trom various 'medianouses who had beerrihvitedloFa press conference by the Officer in Charge
(OC) of the police station.— fn****--IndiTS addresrto the media, the UC announced that the
assembled suspects were a notorious gang of thugsAwncThdS BeerTTerrorizing the area, and that
the Police had only been'able to stop the gang’s activity through a complex multi-agency
operation -lasting-several months: Pointing to Musoke, the OC said ‘These thugs are
very sophisticated. Thssreven hired a Taw don to assist them in their operations as their legal-
advisor. He is the mastermind of the group and has been directing all their operations. We were
only able to trace him using his ID which he dropped after their escapade last night.’

After the press conference, all the suspects, including Musoke, were transferred to a one roomed
house in Milimani, Kenya, operated by the East African anti-Terrorist Tash Fdfce~(EATTE).-a
joint initiativAoFDganda7~KenyaAnd Tanzania. THatTiighY, Musoke was raped in turns by
all the seven inmates with whom he was detained. An EATTF"guardTo whom he complained
simply said You do terror, you expect terror.’

Another-EAlTFguard who happened to be from Uganda, however, toldjiim that

~tfiey~tTad~consistently~advised~the concerned authoritieH6'~qtl00T~detamei5 « niugaL visits
‘so that they don’t become wild* but that this plea had g°ne unheeded. He also told him that
similar proposals to provide condoms to detainees had been ignored by the authorities, because,
‘We are a Christian nation/\

Musohe was eventually released and brought bach to Uganda by bus^ after one year, without ever
being charged or brought before a judge. His mental and physical health steadily deteriorated
after his release. He also testecTpositive for HIV, apart from learning that he was expelled from
St Thomas oneweeh after his appearance on-AViar.Ublating-tbe sdiool cade of
vofrdadPQridettTics.' His dreams, including those of becoming a Member of Parliament and
eventually President, have also been dasfiecTas he suspects that Aich and mad’ people cannot be
allowed to contest for sucHTmpdrtant positions? “ .......... ” _    - ~ •
Musohe approaches you and requests your legal advice in the circumstances. Advise him as to
any rights that may have been violated and the appropriate remedies that may be pursued.

A QUESTION 8.

'It was once thought that there should be no difference in approach to constitutional
construction from other statutory interpretation. Given the British system of  Government and the
British judicial set up, that was understandable, it being remembered that whatever statutes
that might have the boh of constitutional enactment in Britain, such statutes are nevertheless
mere statutes tike any others and can be amended or repealed at the will of Parliament But
the position where there is  a written constitution is different.

~ per Aguda JA in Petrus and Another v The State

Discuss this statement in relation to the canons of constitutional interpretation, particularly

reflecting on the proper approach to the interpretation of the 1995 Constitution.

ALL THE BEST!

MAKERERE UNIVERSITY

UNIVERSITY EXAMINATIONS

FIRST YEAR EXAMINATIONS FOR THEDEGREE OF BACHELOR OF LAWS (LL.B)

ACADEMIC YEAR, 2012/2013 - SEMESTER II

L1210: PRINCIPLES OF CONSTITUTIONAL LAW II

DATE: TUESDAY, MAY 07, 2013 TIME: 2:00 P.M—5:30 P.M.

INSTRUCTIONS:

(a)    Only a clean copy of the 1995 Constitution is permitted in the examination room.

(b) Answer TWO (2) questions, from EACH section, including Question 1 which is
COMPULSORY: all questions carry equal marks.

(c)    Use a MAXIMUM of FOUR (4) pages per question.

(d)    Use ONLY ONE (1) answer book.

(e)    Answers that are well-structured, carefully argued and supported with the relevant
authorities stand to gain more marks.

SECTION 1
 [QUESTION 1 IS COMPULSORY]

1. The following conversation took place between 1st year law student Shanghai Kahunge and the
Hon. Member of Parliament for Maneno Mingi South, James Wasi-Wasi:    -

Shanghai: You people in Parliament are just pawns to the Executive; when the Executive asks
you to jump, you simply respond: ’How high?’

Wasi-Wasi: But that is not true; we vigourously protect our turf; we know when and how to do
so, and we always have the law on our side,

i    •

Shanghai: Well, that may appear so from the inside; but to us who are outside, we see you as
mere ‘rubber stamps’ of the Executive'.

Carefully reflect on the above discussion, choosing three examples of cases in which the
Executive and Legislative arms of government in Uganda have conflicted and discuss this in
light of the Separation of Powers doctrine. How have the courts of law interpreted this
doctrinemlight of these clashes?

2.    ’The Rt. Hon Speaker's decision was a elective,. convenient and ignored to read and apply
the provisions of the Constitution holistically and fell short of taking cognizance of ArticleT(2)
which empowers the-peopfe-of-Uganda to choose how they shall be governed.’

NRM Response to the Ruling of the Rt. Hon Speaker of Parliament to Retain in Parliament the
Four (4) MPs who ceased to be Members of NRM; May 3,2013.

Critically respond to the above statement, taking into account the relevant provisions of the
Constitution and the judicial decisions concerning the different issues at stake in this matter.

3.    Under the 1995 Constitution, the powers of the President are checked and balanced in
different ways. Using the case law decided since the 1995 Constitution, demonstrate how the
courts of law have checked presidential power, and where they have failed to do so.

4.    "Judicial independence or immunity is not a privilege of the individual judicial officer. It is

the responsibility imposed on each officer to enable him or her to adjudicate a dispute honestly
and impartially on basis of the law and the evidence, without external pressure or influence and
without fear of interference from anyone."

Per Mpagi-Bahegaine, JA

Discuss the essential ingcedientsjaf_the principle of judicial indePendence, illustrating your answer
with the relevant constitutional provisions and decided cases on the matter.

SECTJON 2
—S/vHhrABtrniaTyAinATuniversitystudents all over the country, in both public and
private universities, held a mass demonstration protesting what they referred to as unfair
policies, such as requiring them to pay 50 percent of tuition fees prior to registration. A
number of the students were arrested by police and kept in the police barracks for one to
two weeks ”to teach them a lesson.” Several were also beaten during the demonstrations,
mainly by irritated shop keepers around the universities, who claimed that
such demonstrations are always disruptive. The police were present when the students
were being beaten, but were not seen to take any steps to protect them. The Council of
Guild Presidents—a coalition of University Guild Presidents around the country—has
approached you for expert advice as to which rights, if any, have been violated, as well as
how to vindicate these rights. Having regard to the provisions of the 1995 Constitution
advise the Council of Guild Presidents accordingly.

6. When we compare the Constitutional cases decided under the 1995 Constitution, to

earlier cases it is quite obvious that all the post-1995 cases follow clearly defined principles
of interpretation and we are the better for it.

With reference to relevant judicial authorities, discuss whether this is a correct assessment
of post-1995 Constitutional court decisions clearly indicating the point of departure
between the post and pre-1995 court decisions.
v
7. Critically assess the Constitutional basis, if any, for the judicial enforcement of socio-
economic rights in Uganda.

8. After serving his country RastaLand as a faithful peasant for many years, RastaMan
became disillusioned with the leadership of his country and went to Law School because he
felt that the law was the only vehicle not only to achieve social justice for his community
but also to seek redress for the numerous personal grievances he has against the world. He
has just completed Hie first year of study and feels quite ready to take on the world. At the
moment he has two key problems that are giving him sleepless nights.

i) RastaMan's cousin BigMan who had for long served as a presidential advisor on Kyeyo
was recently rendered jobless when the government scrapped the national program on
Kyeyo. The government stated that after much research and soul searching, it was
discovered that the Kyeyo policy and all programs under it were misguided and a waste of
resources. The government would now shift its resources to developing a policy on
Ekkigunda to promote local talent, mass employment and general happiness in the country.

ii) On 3rdApril and then again on 10th April the Parliament of RastaLand—under the influence of
Biulhei-Leader—amended various articles of the country's Constitution which now read as
follows:

a) Pre-amble: deleted and replaced with, "In all matters, We look to Brother Leader for
inspiration and guidance";
b) Article 1: Sovereignty: "All power belongs to Brother Leader who shall exercise it according
to his wisdom and might";

c)    Article 20: Fundamental and other rights and freedoms:    "Fundamental

rights and freedoms of the individual are a privilege and reward for good behavior to be
exercised at the behest of Brother leader who shall have sole discretion on whom and how they
shall be conferred."

All procedural requirements were complied with in amending articles 1 and 20. In amending the
Preamble, parliament took a 2/3rds majority vote. The Constitution of RastaLand is in all aspects
the same as the 1995 Constitution of Uganda except that it does not contain a provision similar to
article 260 of the 1995 Constitution. RastaMan is nett yet fully confident of his grasp of
Constitutional Law and is seeking your advice as a trusted colleague, but he informs you that he
is determined to take these matters to Constitutional Court. In a concise essay based on
relevant principles, advise him on the merits of his various causes.

MAKERERE UNIVERSITY

UNIVERSITY EXAMINATIONS

FIRST YEAR EXAMINATIONS FOR THE DEGREE OF BACHELOR OF LAWS (LL.B)

ACADEMIC YEAR 2011/2012 - SEMESTER II

L1210- PRINCIPLES OF CONSTITUTIONAL LAW II

DATE: MONDAY, MAY 07, 2012 TIME: 2:00 P.M—5:30 P.M.

INSTRUCTIONS?    ............

(a)    Only a dean copy of the 1995 Constitution is permitted in the examination room.

(b) Answer TWO (2) questions, from EACH section, INCLUDING QUESTIONS 3 AND 6,
which are COMPULSORY. Use a

’ ~ MAXIMUM of FOUR, (4) pages per question.

(c) Use ONLY ONE (1) answer book.    ,

(d)    Answers that are well-structured, carefully argued and supported with the relevant
authorities stand to gain morelmarks.

SECTION 1

(Answer TWO (21 questions ONLY, including Que_stion 3)

i

1. [TWENTY-FIVE (25) MARKS]    > >

Select the ONE (1) article from the 1995 Constitution of Uganda that you consider to be the most
important and answer the following questions:

(i)    Using decided cases and offe anthonAeA/\tif your choice of the Article and discuss the
manner in which it has~Beem implemented, and

(ii) ln which ways has the promise of the Article been undermined

or curtailed?

2. [TWENTY-FIVE (25) MARKS]

v
“Separation of Powers is an obsolete doctrine, and checks and balances simply do not work at
all in Uganda.”

perLLB 1 student

Using decided cases and other examples drawrt from the practice of governance in Uganda since
1995, critically respond to the above statement.

N 3. fCOMPULSORY:TWENTY-FIVE (25) MARKS!

A region in Uganda has been struck by a mysterious disease which causes seizures
andintensejever. This disease- which has come to be known as the~~TryTngdisease’ after the
rffany tears it has caused its victims and their families to shed—has affected about 3,000 people
N and has shattered lives in this rural community. The affected children have been uhable to
attend school because of their seizures, and thisx has also affected food production in the region
as parents have been A forced to abandon their fields to look after those affected by the disease.
Thy Ministryof Health has failed and/or refused to. provide inform.ationpnjthe disease,
telfingjournalists, Thosejare not matters forjus to worry_about—why do you want to scare
„Ugan_dans- and foreign tourists?’    The World Health Organization (WHO)

representative in Uganda however says that there is an urgent crisis and that * many more people
will continue to die unless the government takes effective action on the rnatter. Based on
anecdotal evidence gathered by health workers in the region, the crying disease seems to only
affect children between the ages of 1 and 17, with the worse affected at the ages 3 to 11.
Although doctors active in the area

only slows the progression of symptoms rather than stopping them.

One local Member of Parliament from the area, Hon. Beatus, is frustrated by this state of affairs
and wants to compel the government to effectively intervene in the situation.* She has heard that
you are a bright young law student and a budding constitutional lawyer and approaches you for
advice. Having regard to the provisions of the 1995 Constitution as well as to any relevant
decided cases, advise Hon. Beatus on the constitutional issues implicated by the above state of
affairs, as well as to any remedies that are available; what would be the most appropriate forum
within which to seek the orders she seeks?

SECTION 2

{Answer TWO (2) questions ONLY, including Question 6)

4. [TWENTY-FIVE (25) MARKS]

Critically analyse the scope and meaning of the right to life as guaranteed by Article 22 of the
1995 Constitution.

v 5. [TWENTY-FIVE (25) MARKS]

Write short notes on the following:

(i)    The Basic Structure doctrine of the Constitution;

(ii)    The Living Tree doctrine;

(iii)    Original ism in Constitutional Theory, and

(iv)    The difference between enforcement and interpretation of the Constitution.

6. fCOMPULSORY: TWENTY-FIVE (25) MARKS]

^ In January 2009, the Neverland Defense Forces (NDF) allowed women to join the force for the
first time in the history of the ^untry. In February, 2010, the Society for the Preservation of Male
AmhOTity and Traditional Values (otherwise known as ‘Men—First!’) petitioned the
Constitutional Court of Neverland seeking a declaration that the exercise was illegal and ail women
currently serving in the NDF were

illegally recruited contrary to Article 111 of the Neverland

ConstitutiQn,.jandas-such„-their-appofntmentSAhnQld hp~revok:ed

Article 1D of the Constitution of Neverland provides as follows:

(i)    There shall be an armed force of Neverland;

ii
( ) The armed
forces shall comprise ‘qualified persons’ of the age of
18 and above.

AYAf

cfense Forces Act Iflffife ‘qualified'

A*-"

the

sect

persons’ as ‘...male persons of the age of 18 and above with sizeable personal property.’

in support of their case Men First! argue that when the Constitution was drafted in 1930, it was
the intention of its framers that only men should serve in the Armed Forces. In fact, they argue
that it was inconceivable at the time that women should hold guns and any court ruling to the
contrary would make the framers of the Constitution turn in their graves. They further argue that
in any case, the Constitution should be interpreted to give effect to the specific provisions of the
NDF Act which defines ‘qualified persons.

In a written response, the Attorney General has submitted that both Article 111 of the
Constitution and Section 1 of the NDF Act should be declared unconstitutional because these
provisions are not only in conflict with Article 21 of the Constitution, but with the general
spirit of equality which underlies the whole Constitution. With the exception of its Article 111,
all other provisions of the 1930 Constitution of Neverland are the same as that of the
1995 Constitution of Uganda.

In a concise memo supported by relevant authorities, advise the Constitutional Court on the
principles applicable to deciding the petition at hand.

Const aw. cxum20!2

MAKERERE UNIVERSITY

UNIVERSITY EXAMINATIONS

FIRST YEAR EXAMINATION'S FOR THE DEGREE OF BACHELOR OF LAWS

(LL.B)

ACADEMIC YEAR, 2009/2010- SEMESTER II

L1210 - PRINCIPLES OF CONSTITUTIONAL LAW II

DATE: THURSDAY, MAY 13,2010    TIME: 2:00 P.M—5:30 P.M.

INSTRUCTIONS:

(a) Only a clean copy of the 1995 Constitution is permitted in the examination room.

(b) Answer FOUR (4) questions, including Question 1 which is COMPULSORY

ANDCARRIES FORTY_(40) MARKS.

(c)    Use TWO (2) answer books; one for each Section.

(d)    Those answers that are well-structured, carefully argued and supported with the relevant
authorities, stand to gain more marks.

SECTION.!

[ANSWERTWO QUESTIONS, INCLUDING Q.l, WHICH IS COMPULSORY AND

CARRIES FORTY (40) MARKS]

1.    [COMPULSORY: USE ONLY ONE (!) PAGE PER ANSWER]

Critically respond to EACH of the following statements and propositions, supporting your
answers with authoritative provisions of the law, decided cases and scholarly opinions, where
appropriate. Each answer should be concise, well-focused and no longer than ONE (1) page in
your answer book:
(i)    “All Power Belongs to the People, who shall exercise their sovereignty in

accordance with this Constitution.”

Article 1, 1995 Constitution of Uganda

(u)    Ike the President, the Vice President is also the ‘Fountain of Honour’ and

enjoys all the same privileges and immunities of office as his boss.”

perVLon. E. Khiddu Makubuya, Attorney General of Uganda

(111)    The idea of special representation has been misused and abused, and should

be terminated; there is no justification for die presence of women, people with disabilities
(PWDs), workers representatives and members of the UPDF to sit in Parliament.

(iv)    “Members of Parliament (MPs) are completely immune under the law; they cannot be
charged with a criminal offence, or subjected to civil process during their tenure as honourable
members of the House. In other words, MPs are above the law because Parliament as an
institution is also supreme under the Constitution.”

per Hon. MajiMoto, Lumumba District

(v)    “Since the transition from a Movement to a multiparty system of governance, Parliament

has lost all its teeth; it is no longer an effective check or balance against the Executive.”

pet Opposition Political Activist

(vi)    The Constitutional Court in the recent decision of Mifumi (U) Ltd. v. The Attorney
General&Anor. (Const. Pet No. 12 of 2007) erred in law and in fact by refusing to find the
practice of bride price unconstitutional.

(vii)    As was demonstrated by the decision in Hon. Lady Justice Julia Sehutinde v. Attorney
General [Constitutional Reference No.05/2005], the courts in Uganda are not very good at
upholding the doctrine of judicial independence.

(viii)    The Constitution is a law like any other; its provisions can be construed

using the ordinary rules of statutory interpretation.’

per LLB I student

2. [TWENTY (20) MARKS]

“...whatever decision or act the President makes or does must be seen and judged according to
the. role he is playing at a given time, amongst so many other functions assigned or attributed to
him or her.”

per Kanyeihamba, JSC in Brigadier Henry Tumukunde & The Attorney General & Electoral
Commission, [Const. App. No.2 of 2006]

Assess the above iudicial-opimon-conceming the extent ot presidential powers in Uganda, taking
mto account the relevant constitutional provisions and decided cases on the issue.

3.    [TWENTY (20) MARKS]

“Itis quite clear to me that refugees, immigrants, Ugandans who are not bom in the country and
non-citizens do not have any rights under the 1995 Constitution: it is an instrument designed to
only benefit citizens and nobody else.”

Per LL.B 1 student

Respond to the above statement, with a particular focus on the provisions of Chapters Three and
Four of the 1995 Constitution, and supporting your answer with the relevant authorities.

4.    [TWENTY (20) MARKS]

Abwooli and Atwooki are two male Ugandan citizens who wish to register a political party in the
names of ‘Omukama Wenka (OW)’ (literally meaning ‘the King Only’). Under the party’s
proposed constitution, women and persons below the age of 28 years or above 60 cannot become
members, ancTT'preference is given to people who are of TLoyal Blood.’ Abwooli and Atwooki
have also been heard saying that persons with disabilities (PWDs), persons living with
HIV/AIDS (PLWHA) and albinos will not be allowed to vote inffieparty's primariesT'However,
their attempts to register DW have v been met with frustration as the Electoral Commission has
totally refused to register the party. The police have also taken great interest in the matter and
have summoned Abwooli andAtwooki to CID for enquiries regarding ’promotion of
sectarianism’ and of ‘homosexuality/ particularly since, according to Assistant Inspector of
Police Jackie Nabikoowa, “.. .the BahatTBIH is now law!” The police are also keen to enquire
into the nature of the relationship betweenthe two and why they have stayed together for the
lasp twoT2Uyears since leaving campus.~ When they arrive at the police station,
AIP Nabikoowa instructs that Iheir trousers be removed so that she ascertains “whojs.the woman
andwho is the man’ (sic), She also confiscates their phones and scroIls through their text messages
because, ‘... these are criminals, and they deserve no rights!’

Abwooli and Atwooki have heard that you are a bright and promising 1“ year law student who
might be able to advis_e them on their rights and possible remedies, and have come seeking your
guidanceAjnTthis 'regard. “ Abwooli has a lot of trusTIn the High Court since that cotut granted
him judgment in a long running land dispute last year. * Atwooki on the other hancfhas been told
that ‘important issue? car only be adequately handled by the Constitutional Court since‘they are
mahy~aflri~have-more' experience-’ Having regard to the provisioris~of the Constitution, and
decided cases, please write a memorandum to the two gentlemen providing the advice requested.

SECTION 2 [ANSWER ANYTWO QUESTIONS]

[TWENTY (20) MARKS]

is the fundamental tights which ate fundamental and not the restrictions.’

(per Justice Lugakingixa in Rev. Christopher Miikila v. AG, Civil Case No.5 of 1993, Tanzania).

Critically discuss this statement having regard to provisions of the 1995 Constitution, decided
cases and other relevant authorities.

[TWENTY (20) MARKS]

Critically assess the view that a non-originalist approach to constitutional interpretation—such as

Pragmatism or adherence to Natural Law theory—allows too much room for a judge to impose
his or her own subjective and elitist values.

[TWENTY (20) MARKS]

Alter a night out with friends at Sway Club, first year law student Faridah is accosted and raped
by two of her Law School classmates in one of the boys’ halls on campus. She is also beaten
violently in the process and loses sight in her left eye. When, she went to report the matter at the
Makerere University Police Post, the OC laughed and asked her what she was doing in a male
only hall at that time of the night if she wasn’t ‘asking for it.’ He also asked her to demonstrate
to her how it happened so that he could ‘see the picture clearly.’ Frustrated by the lack of
assistance, she has become withdrawn and reclusive. Three months after the incident, she has
also discovered that she is pregnant and has no doubt that it happened on the night of the rape.
Faridah is extremely traumatized and has no wish whatsoever to keep the baby since it is a
constant reminder of the violation done to her person. To make matters worse, she has been
informed that it is Faculty policy not to allow women who become pregnant while unmarried to
sit examinations since this violates the ‘Judeo-Christian’ values and ethos of the University. The
Imam at the Makerere Mosque has also refused to allow her to enter the mosque on the grounds
that her notorious fornication as evidenced by her pregnancy would defile the holy ground. She
has also just received a call from her clan head who has informed her that by virtue of the
customs of their people, he has a duty to marry her so as to cover up the shame she has brought
her family and tribe. He further informs her that he has also paid bride price to her parents and
that matters ‘are settled’ and that all that remains is for her to come and they celebrate their
wedding at a function he has arranged for the following Saturday.

Faridah is quite distraught at these developments and refuses to believe that she has no
constitutional redress for the above injustices. She has recently seen her attackers sneering at her
in class, and whispering that they are safe from anything she may do since they ate not the
government and since ‘only government has to worry above those human rights issues.’ She
feels helpless and cornered and seeks your advice regarding her constitutional rights and the
mechanisms for their enforcement.

paying back money she borrowed from him two years ago, “we cannot work with cheats in
this'departmenf'fsaid the Director.-

The next day, the Head of Legal notified all members of the Tribunal that a session would be
held the next day “to have a final stop to this nonsense by having that evil woman dismissed”. A
few days ago, with the hope of getting favours from the Director,lheClignlsiAss°ciation had
nominated Nahowa as their representative on the tribunal.

When the Tribunal convened, three members were present: the Director, Nahowa and the Head
of Legal, who acted as the chairperson. Nama walked into the room with a smartly dressed
young man, whom she introduced as her lawyer. Both Nama and her lawyer were immediately
asked to wait outside as the members discuss some confidential matters. In'the rooip* the
members decided that since the Head of Legal was a lawyer, they were delegating to him the
power to make the decision. After two minutes.- the Head of Legal announced to the members
that he had perused die evidence and reached a decision, “Guilty.as charged and should be
dismissed with immediate effect”. The Head of Legal also Ordered that Nama pays back money
she owes the Director with interest, “failure to do will leave DOROP with no option but to freeze
her account”. Nama was -later handed a piece of paper with this decision by a security guard
who asked her to immediately pack out of her office and leave. Nama’s lawyer was also asked
off the premises by another security guard who threatened to arrest him if he utters any useless
statements of legal jargon.

As Nama’s lawyers write a memorandum in which you advise your client on the propriety of the
legal proceedings by which she lost her job and whether she has any remedies?    •    (30 marks)

Discuss the Inactions and duties of the Uganda Police Force and with concrete examples
illustrate how the force executes these functions mid duties in practice.:

■    (20 Marks)

Write short notes on the following:    ^ ■ -■

a)    The principle of delegatus non potest delegare.

b)    The principle in the Carltona case, referring to cases in which it has been used.

(20 Marks)

MAKERERE UNiW.RSm

UNIVERSITY EXAMINATIONS

j FIRST YEAR examinations for the degree of 1    -Z BACHELOR OF LAWS (LL.B)
j    p
ACADEMIC YEAR, 2008/2009 - SEMESTER II

S••

L1210 - PIIINCIPLES OF CONSTITUTIONAL LAW II

DATE:WEDNESDAY, MAY 13,2009    TIME: 2:00 P.M—

h.\‘.s » .‘‘r I . -    '• i ‘•.dr ■ •• •

5:30 PM.

|r. I. ,

'*%; K YfP

**>

^ .fTL - . f:

SJSTRU m\

■■-■

1)

. the examination room. ;i

7    —----can copv of the 1995 Constitution is permitted in

.    ____________ .. .'-i    ■    ,

d 0 ^Answer! A A3jRA(4) questions, including Question 1 which is !    nQMPT/\/uoW fen-

GMM

k) UseONLYONE (1) answer book for the examination.

I) ,?X os|a. werS;'ihat are well-structured, carefully argued and /8U|>;A|rted with the
relevant authorities, stand to gain

• :-*.•*;» eg    ' '    -

| ~ • ?*§£! |'• ! •

W ■ ;•# MSI&&-1 ip^i

1. n iCOMpJJLSQRY QUESTION

...... , . .-

(IntHelTpfOffljpVember 2008, members of the State Anti-Terrorism

askr>lorc|M \y|Hed the residence of one Krisis, a director of ike^AfricanyRil&tsMInitiative

(ARI), who comes from Cameroon; ' sis ■;was«fdu44;screening the Vagina Monologues play on
a wide

‘ * / *'•* tV.v4'«*'■• * -■w|yfi

screen to members of her local council area. The group of people in attendance included mainly
women and small children. The baton-wielding SATT dispersed the crowd and three toddlers
were trampled underfoot. A military base has since been established in Krisis’ compound in
ordeSr to ensure “...national security against foreigners like ijier.” Krisis, w;as informed in
Kiswahili, that she was unlawfully holdjng a gathering without the permission of the Inspector
General of Pdlice and also jj. .showing immoral things.” Her hands were tied behijjid her back
add she was detained for three weeks in the empty offices of the Local Council Chairman of her
area who was away attending a refresher course at the Kyankwanzi Leadership Centre. Duripg
all this time the offices were flooded with water. Krisis was also '^required to femaffl standing
throughout the time she was in detention and forcefed on pork and grasshoppers which she
claimed was against her religious beliefs. Krisis wa\ also arrested along with thred other 16 year
jpld ladies who are said to have been caught trying out tjhe lesbian acts; that were allegedly
being described in the play. Theil whereabputsij are. currently not known. According to
the government run newspaper, ARI has been shut down because, “That Cameroonian was
practicing bestiality.” A source within the SATT has pAvealed thatllue to the sensitivity of her
case, Krisis was charged befole a Field Gourl Martial. Proceedings were held in camera and
she was denied a lawyelj since the President had recently advised lawyers at thpir Annual
General Meeting not to represent guilty people, Krisis was convictepl and given the mandatory
sentence of death by firing squad. The sentence has not yet been carried out due to a lack of bu
lets caused bvi-the current credit crunch.

Assuming you are ajpewly recruited legal intern at the Faculty of Law. Write a memorandum to
your supervisor, advising on the rights, liabilities, remedies!and defences (if any) of the various
parties

involved-    jj

“...These things of‘separation of powers’ is just politics. Theyflon’t work, thjey

have no legal justification; they are just a waste
oijjtime. The President is the main man no wonder nothing happens Without him. Falget that
stuff... ”--------------

re

, Kiboko Squad Chairman, commenting on Radio ^inezza talk shdw. Do

you agree with Timbimanyire? Support your ; .sons with legally recognised authorities.

i    .

..    . T

Pen Martin Wandera

Daily Monitor N

.. *    ••• *• •

yy3.J “...According to her, (Lady Justice Faith Mwondha), because Article 223(7) dies not
expressly state that the reappointment shall bejjwith the approval of Parliament, any attempt to
make her appear before Parliament is unconstitutional..../\)he authority of the President to
reappoint is derived from Article 223(4) ...(Therefore, Article 223(7) cannot be read in alienation
of Article 223(4)...”

IGG Mwondha cannot avoid Parliament”, The , April 15, 2009.

Write a legal mjmorapdum advising on the various principles of interpreting Constitutions, and
on what should be the correct interpretation of Jhe aforementioned issue.    ;

i ■ ■    ,.

4.1 “...In a democratic society...which is seeking to build a fair ana just socielS, judicial
activism ...is imperative both for strengthening democracy and the realisation of basic rights.”

■ a    mm     :     ..

Pm Mr. Justice! P.N. Bhagwati, cited in Lillian Tibatemwa-

Bikubinza* :(?.002) The Judiciary and Enforcement of Human Rights: een judicial s4$vism
andJudicialRestraint EAJPHR Vol. 8 No.2.

11 .... W|h the support of relevant authorities, critically appraise the

aforementioned
siatement.

il    J;
5. Critical^ respond to the claim that the powers, privileges and immunities enjoyed by members
of parliament (MPs) under the Constitution of Uganda and other related laws are anachronistic
and should be abolished.

P    ■

IJ '    ..

6.    “...the jfundamental right to life is, and has always been

positive right and should always be interpreted that

considered a way... ”

;1ij!! •;

.    - ajl .    *    .

Per KirkstonejpLB One student while contributing to a class seminar

on Constit;tkjTal Law.

Borrowing from your knowledge of Constitutional Law and Human Rights, write spegal
memorandum in response to the aforementioned statement.

7.    “...I brieve in and support freedom of the media...the

freedom com| with the responsibility to tell the truth... ”

Per H.E. the fjjtesideht of Uganda, Yoweri Kaguta Museveni speaking at the just concluded
World Press Freedom Day celebrations May 2009 J    ’

t I .    .    ■ .

{bo you agree with the aforementioned statement? Support your lessay with th| use' of relevant
authorities and reference to your ,(knowledge onjjthe state of freedom of expression in Uganda.

/f8.    Compare and contrast the decisions in the cases of

Attorney General of Uganda v. Wilson Masalu Musene Ors. Constitutional Appeal No.7 of 2005;
Supreme Court), and Hon. Lady

Justice Julia S'eMndk. v.. Attorney General (C°nstituti°nal Reference iNo.05/2005; jConstitutional Court). To
what extent did the two upases either jjreinforce or undermine the doctrine of
judicial jpdependence?!

MAKERERE UNIVER1STY SCHOOL OF LAW UNIVERS1Y EXAMINATIONS DEGREE

OF BACHELOR OF LAWS (LLB)

ACADEMIC YEAR 2015/2016 - SEMESTER II L 1208-CRIMINAL LIABILITY

DATE: Thursday, 19hMay 2016    TIME: 9.00 a.m—12.30 p.m

INSTRUCTIONS

(a)    This is a RESTRICTED OPEN BOOK Exam. ONLY the Penal Code Act. Chapter 120..
Laws of U9anda is permitted into the Examination room.

(b) '    Section A is COMPULSORY.    ‘    •'

(c)    Candidates MUST select at least ONE QUESTION from Section B and Section C
respectively. A total of FOUR QUESTIONS MUST BE ANSWERED in ali.

(d)    All Questions carry equal marks.

SECTIONA

e t on 1: "The understanding of culpable homicides under Ugandan law is skewed,

Qu s i

archaic and generally problematic. The law should be urgently amended for clarity,
consistency and to match currenttrends of reform within thecommonwealth". Per
Musajjamukabwe, LL.B 1 Student, School of Law, Makerere University.

dear letgal authorities and examples, assess the truthfulness of the above statement. (25
Using

Marks)

SECTION B

u s n 2: Andy, a painter and decorator, types a letter on his computer in which he

Q e tio

purports to be a Lawyer who has been trying to trace Louise, a famous cookery writer, to
pass on to her, hershare of the residue of the estate of one of her deceased relatives. Andy
posts the letter to Louise. The letter states that Louise, who lives in Muyenga, must come to
the Lawyer’s office in Kololo, in person, on Tuesday, to collect the money. The letter is a
complete fabrication but Louise is deceived by it and goes to Koloio as the letter instructs.
Andy checks that she has left for Kololo, then returns to Louise's empty apartment and
slips in through the back door. He has a key to that door. He once painted Louise’s living
room and she gave him a back door key so that he could have access to the apartment while
she was out. Before Andy returned Louise’s own key, he had a copy made without her
knowledge and it is this copy key which he uses.

Once inside the apartment, Andy goes straight to'Louise’s bedroom and puts her jewellery
box, full of valuable-jewellery, in a bag which he leaves by the back door to pick up on his
way out Andy also carefully puts Louise's pet puppy in a basinet as he plans to take the pet
with him, having admired this pet for a long time. He then goes to Louise’s computer, which
she has left on, and accesses a file containing the recipes which Louise has been compiling
for her new book. He copies this file onto a disk belonging to Louise and puts it in his
pocket. He intends to sell the recipes to one of Louise’s arch-rivals in the cookery-writing
business.

He is in the process of disconnecting Louise’s DVD player and take it with him when he
hears someone open the front door. Unbeknownst to Andy, Louise's house keeper is home.
Looking out the window, he sees Louise's

Boyfriend's car drawing up at the back door. He panics and breaks the lock on one of the ground
floor windows at the front of Louise's house, opens it, and flees through it He has no option but
to leave the bag withthe jewellery behind, but managesto whiskthe basinet containing the pet puppy
way with him.

Outside, Andy finds Louise's bicycle in her garage and cycles away on it at high speed. Once he
is surethat n° °ne has followed him, he abandons the bicycle about two miles away, outside a
supermarket which Louise has never visited and runs off with the pet puppy.

Which crimes against property under Ugandan criminal law do you consider that Andy has
committed in these circumstances. Give full reasons for your answer, which should be supported by
r , whiere appropriate (25 marks).
autho ity

Question 3 (a): Explain fully (with the aid of statutory provisions and cases) the actus reus and
mens
rea of the offence of theft underthe Penal Code Act, Laws of Uganda (15 marks).

(b) Would you agree with the assertion that the crime of theft under the Penal Code Act is not
defined wtfi sufficient certainty? (10 marks).

Question 4 "Robbery is stealing by force. It could actually be simply classified as an offence of

vider^e in the broad property offences category. In fact its overlap with other property offences
such as Theft makesthe crime of Robbery an unnecessary one underthe Ugandan Penal Code Act"

Using clear legal authorities and examples, assess the truthfulness of the above statement. (25
Marks)

SECTION C
Question 5: With the aid of statutory authorities and case law, discuss the nature and scope of the

ff
o ence of
treason in Uganda.

Question 6: Discuss the criminal liability of the parties involved and their possible defences (25
marks).

(a)    Kakooza is a medical doctor operating a clinic in Kibuye that specializes in herbal
medicines. Kate has been suffering from high blood pressure for a long time and goes to the clinic for
treatment. Kakooza convinces her that the treatment given will only work effectively with vigorous
exercise administered by him. Kate agrees to this as she wants to get better. He takes her to his office
and has sexual intercourse with her. Months later Katerealizes that her health has not improved at all.

(b)    Thomas meets Stella at a party in Masaka and falls in love with her, the two iove birds have
sexual intercourse 
occasionally. One month later Thomas discovers that Stella is his half sister as they
share a father. htowevei- thetwo parties agree to continue with their relationship claiming that none
of them lives with their father as he abandoned their mothers when they were young.

(c)    Tendo a resident of Zanzi village follows Tinah a 9 year old girl on her way from school. At
a nearby bush he 
pushes her down, pulls off her panties and gets on top other, Twenty minutes later a
police carpasses by and Tendo runs off. He is arrested and broughtto the station three days later having
been identified by Tinah,he however insists thatthe police have the wrong person. He says his name is
Ssali not Tendo, he has been in boarding for over a month and only came back to the village last night
because he is sick.

END

MAKEREREUNIVERSITY KAMPALA

___________ __——--SCHOOL OF LAW“—v_'

UNIVERSITY SEMESTER II EXAMINATIONS 2014/2015 PAPER: LAW 1208

CRIMINAL LIABILITY Date: 14 MAY 2015 Time: 2.00 pm-5.30pm

INSTRUCTIONS:

I.    This is a PARTIAL OPEN BOOK examination;

IE    Candidates tire permitted to bring CLEAN COPIES of the PENAL CODE ACT and the

ANTI-CORRUPTIONACT; ^

HI.    Candidates MUST attempt at least TWO questions from each section. Candidates who

will not follow this instruction will be penalized;

IV.    Candidates are allowed to attempt FOUR questions only;

V.    DO NOT use more than 1 (one) standard answer booklet of 16 pages;

VI.    Clearly though out, well-structured answers supported with authority will be highly

rewarded.

SECTION A:
Question':

“Provocation as a defence is unfair, ambiguous and quite unreasonable andfor this reason should
be struck off the list of defences contained in the Uganda Penal Code Act cap. 120. In
fact provocation is no longer a defence in many other civilized societies.” Per Mugezi a IST
YEAR LAW STUDENT at Makerere University.

Critically assess the truthfulness of the above statement. [25 Marks]

Question 2:

Assess the relevance of causation in cases of unlawful homicides. [25 Marks]

SVEA.QIH/&

‘'Question!;

Mubbi is known tor having an inconsistent character. He is very friendly during the wet season
but absolutely charged during the dry season. According to the doctors, Mubbi’s character
is common among children bom in situations of armed conflict.

On the mght of April 25th 2015, Mubbi was part of a gang arrested at Money Cash Money Bank
along Kampala Rd. At exactly 2:10 am of the fateful night, gunshots were heard at the
bank preimses and immediately thereafter, there could be heard a voice of a man wailing in pain
and calling for help.

It turned out that Mukumi a guard guards at the bank had been shot in the neck by one of the
notorious gang members a one Kikankane. Mukumi was shot dead as he tried to secure
the bank’s main safe box.

While all this was happening, Mubbi kept watch at the main entrance to the bank. In his
possession was a loaded AK-47 gun a face disguise and several USD 100 notes.

Upon hearing police sirens, the members of the gang inside the bank attempted to flee with sacks
of money but were all shot dead by a police officer guarding the neighboring bank. Only
Mubbi survived as he had been forced to lay his gun down by another police officer that had
rushed to the scene upon hearing gun shots.
The body of Mukumi who had until his death been a staunch believer in Allah the most high was
transported to his ancestral home in Masindi on the night of the incident and buried early in
the morning by dose friends from Kampala and family. Later that afternoon, there as a heavy
down pour that took with it many houses and till this day Mukumi’s tomb cannot be traced.

a)    Mubbi has been charged with the death of Mukumi and he seeks your advice on whether this
charge can stand before a court of law.[12 Marks]

b)    In the event that the above allegation is dismissed, which other charge against Mubbiwould
be the most appropriate?[5 Marks]

c)    Clearly'distinguish the defence of insanity from that of diminished responsibility and advise

on which of the two defences would be available to Mubbion the facts. [8 Marks]

j!> &c~j( wo

,/uestion^ Discuss offences committed under the following circumstances:

(a)    Zambi a Roads Construction Company is awarded a contract to construct a road that
is 2O0km. The company constructs 50km and claims that they have completed the
work. Engineer Beza a Chief Engineer in Uganda National Roads Authority in collusion with the
Company issues certificates of completion confirming that indeed the company had done work
satisfactorily and recommends to the Accounting officer to pay the company. Because the
Accounting officer believes in the Certificate of completion, he approves payment to the
company and indeed, die accounts Department wires Uganda Shillings twenty billion
( 20,000,000,000/=) to the company’s bank account. (10 marks)

(b)    Sana, Tanza and Kweli as Directors formed a company known as Promise
Limited Company to give low interest loans and any member of*the public who wished to
join would apply. The members were made to pay membership fees and afterwards made to pay
deposits. At the end of every thirty one (30) working days, the members would be given some
money as Principal and interest. This went on for a few months and members got confidence in
the system and even recruited many others into the company and the cycle. After some time, the
accused convinced their members not to withdraw money monthly but to leave it to accumulate
more interest so that they withdraw at once and in much larger sums. Because they had gained
confidence in the system and the suggestion seemed to be to their benefit, the members duly
complied. After the money had accumulated, the Directors closed business premises, switched
off their phones and disappeared from their known areas of operation. (10 marks)

(c)    Suri a Traffic Police Officer stopped Zaza for over speeding on Kampala-Gulu
Highway. during the Christmas season. Zaza knowing that the Police Officer had not been paid
his salary for three months gave him Uganda Shillings Fifty thousand ( 50,000/=). Suri was so
happy that he decided to caution Zaza and warned him not to over speed again. ( 5 marks)

QUESTION 5:
Bwera is a general dealer with low moral standards, who believes anything is fair in transactions
with other traders. On his daily walk from home to his shop one day, he picks a box full
of airtime cards and finds four lost mobile phones, both of which he displays for sale in his shop.
His first customer of the day is a blind lady, who asks if he has any sim cards. He is able to
supply what she wants, and she proffers a bundle of twenty thousand notes taken from her
handbag, with the instructions: “Take the right amount for yourself, please”. Bwera takes twenty
thousand notes amounting to three times the price of the sim cards and simultaneously has a
quick rummage through her handbag, but finds nothing worth taking there.

Later in the day, Bwera goes to visit Gogo, a second-hand goods dealer. He obtains a
contribution of Uganda Shillings One Million ( 1,000,000/=) from Gogo for the Orphans Fund.
Bwera then offers to look after Gogo’s shop for one hour while Gogo goes see a doctor.

After Gogo has left, a customer comes in and makes Gogo an offer of Uganda Shillings Five'
Hundred Thousand Only (UGX 500,000/=) for Gogo assuming that Bwera is the proprietor
of the shop. Bwera purports to accept the offer and poc'kets the UGX 500,000, promising
delivery the next day.

When Gogo returns, Bwera says nothing about the customer and leaves. He goes to the sports’
betting shops and bets the Three Hundred Thousand (UGX 300,000/=) orphans contribution on a
car and the customer’s Uganda Shillings One Hundred Thousand (UGX 100,000=) on a football
match between Bayern Munich and Barcelona march.

Identify the offences committed by Bwera and explain their ingredients. (25 marks)

"Question 6

Mbuzi a University student at the University of Kati does not have fees and money for
accommodation. He realizes that he will not be permitted to sit for semester II exams.
He remembers that his cousin Ntaama is a bank manager, he goe's to him and narrates his
problem. Ntaama gets a bank slips and stamps it with a bank stamp to prove that he has paid.
Mbuzi presents the bank slip to the accountant who issues him a receipt as if he had paid and a
permit to sit for the exams. Realizing that, he needs more money he goes to the nearby ATM and
finds there Zara who had withdrawn Uganda Shillings Five Hundred Thousand (UGX
500,000/=) whom he thre'atens with a knife and he takes the money. Later, at 2:00 am Mbuzi
enters the art gallery through an unsecure'd rear window intending to take some African crafts to
sell to tourists who were common where he lives. Since the watch man was awake', he stays in
the gallery until 6:10am the next day and goes out quietly with crafts worth Uganda Shillings one
Million (UGX 1,000,000/=).

Discuss the offences committed by Mbuzi. ( 25 marks)

MAKERERE UNIVERSITY KAMPALA SCHOOL OF LAW

UNIVERSITY SEMESTER II EXAMINATIONS 2011/2012 PAPER: LAW LI208

CRIMINAL LIABILITY Date: 15-May 2p 12    Time: 2.00pm - 5.30pm
INSTRUCTIONS:    '    '

I.

IL

III.

IV.

V.

This is a PARTIAL CLOSED BOOK examination; candidates are permitted to refer to CLEAN
COPIES OF THE PENAL CODE, ANTITERRORISM ACT AND ANTLCORRUPTION ACT
2009.

The paper contains THREE SECTIONS and Candidates should ANSWER at least ONE
QUESTION FROM EACH SECTION.

DO NOT use more than I (brie) standard answer booklet of 16 pages.

Clearly though out, well-structured answers supported with authority will be highly rewarded.

Each question carries 25 marks.

SECTION A A    .
Q
l: With the aid of decided cases ind dear provisions of the law, discuss the current principles
relating to die law on homicides in Uganda.

Q.2: ’English Law does not normally impose liability or failure to act despite the fact that there
may be compelling moral jjustifications for doing so. For example, the courts have often
explained that there is nb legal duty upon a stranger to rescue a drowning child.' Consider
whether the currert legal principles governing omissions in homicide are satisfactory.

SECTION B

Q 3: Mbuzi a University student at tflie University of Kati takes his father’s cheque book, Bank
card, driving licence and a fodtball match ticket from his desk drawer. Using his driving licence,
Mbuzi hires a car fre m a self “Driver Car Ltd’’. He pays by means of a cheque drawn on his
father’s bank account. He spends the afternoon watching a football match using a ticket to gain
entry intp the stadium.

Ntaama, a violent criminal discovers what Mbuzi has done and threatens to inform the police and
beat him up, unless Ntaama withdraws Uganda Shillings 500.000/- from the Automatic Teller
Machine ( ATM) using the bank card of his father. Frightened, Mbuzi
withdraws Uganda Shillings 500, 000/= from the ATM machine and gives the money to Ntaama.

Mbuzi gets worried that his father will find out what he has happened and returns the cheque
book, Bank Card and the used ticket to the desk drawer and the car to the “Self Driver Cars Ltd”.

'•*•

Discuss the offences committed by Mbuzi and Ntaama., The discussion should refer to the
relevant provisions of the Penal Code and case law.

Q 4: Discuss offences committed under the following circumstances.

(a) An audit exercise has been earned .out in a company that imports clothes from China. The
exercise has revealed that & a result of the negligence of Sato a . Storekeeper the company lost
1246 bales of clothes worth Shs 200m.

(b)    Dabu goes to a petrol station and fills his car with fuel and realizing at the outset that he has
no cash, he talks to the Manager of the Petrol station and he gives him a cheque which he knows
that it will bounce because he has insufficient funds on his account. The cheque indeed bounces.

(c)    Samba chairs a Contracts Committee for procurement of Government cars. One of the
bidders, Kata is his brother in law and Samba advises him how to prepare the bid documents so
that he can be the best bidder. His plan is to make sure that Kata gets the contract so that they
share, profits from, the deal. Kata is awarded the contract to supply cars at higher price than the
market price.

SECTION C

Q.5:On 30th1 April 2012, Karoli a resident of Katende village went to his neighbor ^
^    Nakati’s house. Nakati was out but her 10 year old daughter Dorotia was resting on

the bed. Karoli went over to where DorotiTwas, covered her mouth with one hand,

removed his shots and pulled off Dorotia’s panties. Dorotia tried to fight him off put he was too
strong for her. When Nakati returned to the house she found Karoli in between Dorotia’s open
jegs and Dorotia"was crying in pain. She raised an alarm and Karoli fled from the scene

-A

Three days later Karoli was found hiding in a banana plantation and was arrested. He was taken
to the nearby court to be charged. At the court house, when brought before the magistrate, Karoli
shouted at the magistrate saying- “1 pity you village magistrates, you think you can ever be as
powerful as those courts in the city. No way you can’t!”

i    Investigations further reveal that Karoli is a special advisor and lead financer to a group
j    of men that has been causing havoc on the village, the group has recently set a school on

fire killing 20 people and maiming 10 others. The group is also involved in the manufacture of
weapons and has been holding late night meetings in a banana plantation at which they decry the
state of the economy and plan on ways of securing more weapons to boost
their’operations------------

Assuming you are an intern in the office of the Director of Public Prosecutions, write a
brief advising on the possible offences disclosed by the above facts.

Qn. 6:

(a)    With reference to the relevant authorities discuss the nature and scope of the offence of
Treason in Uganda.

(b)    Kapaale had sexual intercourse with Nalule and when questioned Kapaale argues

that Nalule is not his blood since they share only a father but have different mothers. He also
argues that Nalule consented to have intercourse with him.    /

Discuss the possible offence against the Kapaale and whether his arguments can stand.

END

MAKEREREUNIVERSITY FACULTY OF LAW

___    _^XAM[NATIONSJOKFIRST YEARyBACHELOR OFLAWS (LLfBJ “

SEMESTER II 2010/2011 CRIMINAL LIABILITY (L.1208)

DATE:    Thursday, May 19, 2011    TIME:    2.00-530 P.M

INSTRUCTIONS

(a)    This is a restricted open book examination. Only the following materials are allowed
into tin Examination Room:

•    Clean copies of the Penal Code Act Cap. 120 and any other relevant Acts, I.e The
Ant Terrorism Act, 2002, The Anti Corruption Act, 2009 and The Penal Code
(Amendment) Act

2007

•    Clean copies of the current reading list 2010/2011.

(b)    The Exam is divided into two (2) sections; Answer any two (2) questions from each
section Answer a total of four (4) questions; All questions carry equal marks;

(c)    Use strictly one 16- page examination booklet.

SECTION A

QUESTION ONE

One evening Graham picks his mom’s ATM card and neighbor’s motorbike and heads to the
garden city to watch a movie at the CinepieX cinema. Garden city is a local shopping arcade
where ail the shops are under one roof, so after the movie at.7.00 p.m, h( decides to do some
shopping. Unfortunately for Graham, he finds spaiks and Mensa, a store selling menswear closed
so he decides t< use the emergency exit at the back of the shopping mall which is always left
open to gain access to the store. He successfully enter; Sparks and Mensa and Stuffs a pair of
men’s underwear into his pocket and quickly walks out.

■    i    *

He goes into Karibu, a store selling food and clothing. Whilst the assistants not looking, he takes
two suits into a changing, cubicle. Hr removes the security tags on one of them and wears it on
top of his t-shirt and shorts. He takes the second suit back to the assistant telling her it is too
small.

,*''‘

While on the way to the food section, he stuffs a pair of women’s knickers into the suit jacket
pocket. He picks up some groceries in the food area and takes them to the till at which Catherine,
his next door neighbour, is serving. She gives him a nod and a wink, signifying as both of them
know that he is not going to pay for the items.

He returns to die women’s wear department where he buys a night dress for his girlfriend using
money that he has withdrawn using his mom’s Atm card, saying to himself, "she is my mom
anyway. 1 will pay her back when I finish school On his way out, he sees a puppy which he
decides to take home. It turns out that the puppy belongs to John who reports his missing puppy
to police.

Consider Graham’s and Catherine's criminal liability for theft. Burglary and'House breaking. (25
marks).

QUESTION TWO

Chungu who is the leader of a prominent opposition group in Uganda agrees with a few members
of the opposition to stage a “walk tc work’ demonstration to influence the ruling Government to
change its political, social and economic policies. Chungu and the othei members agree that no
weapons should be carried by any participant in the demonstration. On the day scheduled for the
walk, eacf member including. Chungu sets off from his/her respective residence. To Chungu’s
suiprise, when he sets off from his home ir Kyaliwajaala, he is joined by a group of young
energetic youth who tel! him that they wish to offer their support towards Chungu’s cause. Some
of Chungu’s neighbours fear that Chungu and his group might provoke many more other young
youth to join the waif which they think would then turn out chaotic and destructive to thrir
businesses. Indeed, \ hen Chungu decides to stop and give a brief

' talk to the people in the neighborhood, the youth tagging along with him become rowdy and
start throwing stones and breaking into ' people's houses to loot. Chungu is immediately
apprehended by three police officers who take him to the nearest court to have him ' charged
with offences(s) that the police is also not very sure of. On the way, Chungu says to himself,
“this government came by the ^gun; we shall remove it by the gun’. The police ignore his
comments and drive him straight to the Court house. Unfortunately, the „ magnate before wnom
unungii is pimd^ed iswety-busy-scrshe-asks the prosecutor to waitfor her _to finish with the
other proceedings. Chungu angered by this says, 'it is a pity that these Ugandan magistrates are
not only corrupt but also conduct themselves like villagers who never went to school".

Assuming you are an intern in the office of the Director of public prosecutions of Uganda, write
a brief advising on the possible offences disclosed from the facts above. (25 marks).

QUESTIONTHREE

The offences of causing financial loss and embezzlement created under sections 20 and 19
respectively of The Anti Corruption Act, 2009 are literary and legally speaking one and the same
offence, the only difference being with the numbers of the sections creating these offences. With
the aid of recent decided cases, describe and distinguish the two offences. (25 marks).

SECTION B

QUESTONFOUR

(a)    What are the key differences between the offences of Doing grievous harm and Assault
causing actual bodily harm.

(b) Discuss the nature and scope of the offence of Wounding under section 222 of the Penal
Code Act Cap 120 (25 marks).

QUESTION THREE 5

Write short notes on any three of the following:

(a)    Corroboration of evidence in sexual offences;

(b)    The offence of perjury;

(cj The concept of transferred malice;

(d) The ratio decidendi in Cheruiyot vs. Republic (1976*5) EA 47. (25 marks).

QUESTION THREE (n

for sponsorship interviewed Mr. Mutefu, LLB1 Liability. Below is what Mr. Muteefu told the

A Government Scholarship Committee setup to vet students’ continued suitability Makerere

University on what he thought were the highlights of Part I of Criminal Committee.

“We looked at offences against a person, offences against morality and Assaults generally. Mr.
Luswata told us that the offence ol murder turns on “malice aforethought5 which suggests
that .premeditation is very crucial particularly where there is a commor intention. This means
that an intention to kill formed seconds before the fatal blow is struck does not hold as it is not
aforethought  For this purpose, an intention to kill is manifested through acts that cause grievous
bodily harm. In some cases such as Kifamunti Henry vs. Uganda, the Supreme Court held that
malice is established by the part of the body attacked. I also need to talk aboi Infanticide. This is
a unique complete defence to murder as the wpman offender who kills any of her children within
a period of 1 months of giving birth, is in the same position regarding standardjof proof as a
person raising the defence of insanity and will b set free on proof by the state that her mind was
disturbed at the time of the crime by tire effect of giving birth.

A.    -

Regarding defilement, there have been fundamental changes in the law since 2007. The reforms
though stopped short addressing the question of adult Women who continue to engage in sexual
acts with children under the age of 18 years wi impunity and also the question of intransigent
victims of defilement who refuse to testify against their “/overs" making it impossit to convict
without such evidence. Before I make my last point, i think you would like to hear about
Adultery. There is no su offence in Uganda any more.

Regarding assaults, we were told that the common law offence of Battery is the same as the
offence of common assault. T difference lies iri'punishment only’.

Assume that you are a member of the Committee; advise the other members (relying on sections
of the Act & deck cases} if Mr. Mutefu is still eligible for the scholarship. (25 marks)

MAKERERE UNIVERSITY FACULTY OF LAW

EXAMINATIONS FOR FIRST YEAR, BACHELOR OF LAWS (LL.B) _    ______

SEMESTER H 2009/2010

CRIMINAL LIABILITY (L.1208)

Date: Wednesday 26th May 2010 Time: 9.00 a.m.-12.30 p.m.

INSTRUCTIONS
(a)    This is a limited open book examination. Only the following materials are allowed into the

Examination Room:

* Clean copies of the Penal Code Cap. 120 and any other relevant Statute (such as the Anti-
Terrorism Act, Penal Code (Amendment) Act, 2007)
3
Clean copies of the Current Reading lists 2009/10

(b)    Answer any two questions from each Section; Answer a total of four (4) questions; All

questions carry equal marks;

(c)    Use strictly one 16-page examination booklet;

SECTION A

1. Alinage was employed as an assistant manager at Kayembe Lights Ltd, a shop trading in
electrical goods. In April 2010, he was asked by a friend James Black to supply goods from the
shop and to accept payment by a stolen Barclays Bank cheque for the sum of Ug.shs. 1,000,000=
which cheque was undated and bore no payee’s name. Alinage agreed and prepared a list of
goods valued at Ug. Shs. 1,000,000= which he submitted to his boss the manager, Mr. Kasepiki
saying that it represented a genuine order by one Jay Jay Brown. Mr. Kasepiki instructed Alinage
to confirm with the bank that the cheque was acceptable and Alinage later told him that he had
done so and the cheque Was ’as good as cash’. Mr. Kasepiki agreed to the transaction, Alinage
then paid.the cheque into the bank and a few days later James Black took possession of the goods
with Alinage helping him to load them into his vehicle. Later the cheque was returned unpaid by
the bank marked, ‘orders not to pay. Stolen cheque.’ The goods are still in James Black’s house.

Advise the DPP on the likely offences committed by Alinage and his friend James Black. (25

marks)

2. Akope and Zziwa were arrested .on 3rd Mav 2010. Investigations reveal that in June2009,
Akope formed an organisation.'"Allie.dPemocratio Forces’ which in August2009 set
KitwefPgrrA'y-Snhnol on fire kilting 50j;hildren and maiming 40 others. Zziwa rdqutarivsent
airtime to Akope on his NTZAP mobile line to_help Akope follow up on his operations. Zziwa
waTalso populariyJerrned as the Forces’ Speciat Advisor on strategy for the constant
encouragement he Offered Akope. It has also been revealed that on 2nd January 2010, Akope had
addressed a meeting of local council leaders in which he decried theelafeAot the economy and
urged them to stop their community from buying sugar from'lneo-coiomalist'Asians’. As a result,
the Asian community in Kitwe lives ir constant apprehension and the locals have caused their
sugar manufacturing business to collapse On 1st March 2010 and 3rd April 2010, Akope and
Zziwa'met and brain stornTed over anjdea o purchasing jet fighters from Belarus to. overthrow
the government of Kitwe using their forces. DiscusUthe likely offence(s) that Akope and Zziwa
can be prosecuted for (assuming that th< Laws of Uganda apply to Kitwe), (25 marks)
3. Bafudde, a popular singer lives in a partially finished house in Kireka. Because of its state, he
i prone to attacks from local criminals. On 2 nd May 2010, while Bafudde was at work, his
shamba bo> Kayuda saw what seemed like a fire inside the house. Kayuda quickly climbed
through an empt space above the door designed for purposes of providing ventilation. After
stopping the fire, Kayud

started checking to see whether any of his employer’s property had been damaged. In the
process' he found a large box of highly valuable compact discs (CDs) which Bafudde was
planning to sell at »

Q his album launch. Kayuda immediately decided to take it. He also carried away several letters
which Bafudde had typed out to potential sponsors of the event. As he was opening the door to
leave the <$ house, he bumped into the LC I chairman who realised that Kayuda had stolen his
master’s -

TV propertyTKa>yuidtaseverelyboxed amal-kf(ok0t:!l-the L.Cr^Ianid^ Qjit;ink. mnout of

thevioinity although ___

v    tiie process he dropped the box of CDs. Kayuda subsequently signed the letters in the names
of a

V    fictitious new artist, Byuda Byange and delivered them to the sponsors. One of the sponsors
has

since telephoned Kayuda requesting him to pick money as their sponsorship towards the new
artist. Discuss the offences committed by Bayuda. (25 marks)

SECTION B

4. Provocation is no ground for exempting the accused completely from criminal

responsibility for his acts, but maybe'a'ground formitiaatTndtheiSunishment. The law does take
into account the frailty of human nature and recognize that it a~man was provoked to^SOcTTan
extent~matTn me neat of passion or hot blood, he was rendered deaf to the voice of reason, the
act, although done with intention of causing death or with the full, knowledge and
comprehension of the consequences, was not the, result of majignity.of the heart but was in fact
imputable to human infirmity. In such cases because the prisoner has had no time to think and to
control himself, the law does not exact the full juX     penalty by punishing as severely as if he
had acted with deliberate aforethought     X

V-ex*    Discuss. (25 marks)    ,

5. Write short notes on any three of the following.    o

Actus reus and Mensrea of Murder."A 0

(a)
(b)

(c)

(d)

Coincidence of Actus reus and Mensrea of Murder/' u    !y'_/    >X

The relevance of the cases of Palmer vs. Regina (1971) 1 ALL.ER 1077 and Mancini vs.
Director of Public Prosecutions (1942) A.C 1 to Uganda’s criminal law.

Evidence in sexual offencesX £    /

The differences between assault occasioning actual bodily harm and doing grievous harm.(25
marks) 3

(a) Gilbert, a 42year oldsix and half feet.tall man married jovce. 24. 3 feet tall. Gilbert’s
other name is “Giant-'-By and large, theirs has been an abusive marriage with' Joyce on the
receiving end. Joyce is required topickUPher husband fromthevarious bars in town_at_2:0Qam
every morning, but must park the vehicle fifty meters from the bar advised bv her husband. J°yce
detests the parking rules and wfien she asked the justification of the rule. Giant replied, “Un/ess
youwaflf to see your substitutes". On 13th May 2010, after waiting for her husband for a long
time, she decided to'go to the bar where she found Giant mass aged between three girls. She threw
the spare house keys to him and left. An hour later, Giant called Joyce to pick him and she
declined. At this point she had begun a fight. Knowing that her Giant always carried a pocket
knife, she also pocketed a short knife. Two hours later, she opened the door for her husband
who vX*mmediately grabbed_hemeck. After a short scuffle, she pulled out the knife and drove it
through ff1^ his stomach towards the chest. Giant felt semi-conscious. She then hit him at the
back with a heavy stick. Investigators concluded that she tried to rush him to hospital to save his
life. When she realized he was dead, she reported the incident to the police.

What arguments will you put forward for and against a charge of Murder against Joyce? Support
the arguments with decided cases and sections of the Code. (20 Marks)

(b) The accused (Lumweno) first assaulted the complainant and then chased him with a
knife Whilst running away from the accused the complainant tried to jump over a furrow but feN
a
nc broke his leg. The accused left him lying semi conscious. Eventually the complainant w as
founc and taken to hospital, where his leg was amputated.

marks)

With the help of decided cases, discuss the possible offence or offences against the accused. (
,oc

END

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MAKERERE UNIVERSITY FACULTY OF LAW

^XAMI«[ATIONS?fOR FIRST YEAR, BACHELOR OF LAWS (LL.B)

■ SSwiHSTAAII 2006/2007 CRIMINAL LIABILITY (L.1203)

Date: Wednesday 20 June 2007

Time:2U00 P.M.-5.30 P.M.

% .. . •

INSTRUCTIONS    '
r
VA>J fy.7'"V'

(a) This isAa limited open book excamination. Only the following , 32 HMATERIALSare
allowed into the Examination Room: '7;^«7.52Cleancopies of the Penal Code, Cap. 120 and any

7 xf^oUj^ relevant Statute .. 4' *: Clean copies of the Reading lists 2006/7

(b)    Answer two questions from each Section; Answer a total of j.-AA four (4) questions; All
questions carry equal marks;

i^'^^ii:Jyf^f>^:;^St[iCtly :Qhft16^^^ examination booklet;

if

SECTION I    '

■ i    vi

l.iO    .a accused.person is found in possession of a gun, the offence of .

.aggravated robbery is proved. Discuss the correctness of this statement With the aid of
relevant authorities. (25 marks)

vC i    nvfi&ifi; : . i ■ V::„= -    ■    . .

2. Bunkenke recently moved into a residential house in gyaviira village, y    at about 6.30 pm,
Nyanya jumped over

■    ' Bunkenket’s^perimeter wall with an intent to steal his property; using a

r, Nyanya managed to open the door lock. He then gained :cTicrj^ns^/\e,:bQuse and .slowly
made his way to the living room where . , . tHegquickly looked for something to steal.
Unfortunately all the items were$09lbulky.iHe then decided to run off before any body noticed
the < initrusjonf AsAhe got to the door he noticed that a cheque book belonging flQgBunkenke
was lying on the dining table together with 50,000=.

■    ANyanya tore out one cheque leaf and took it with him together with the
■    ■cash/;t|iefnext day Nyanya carefully filled out the particulars of the >dK$Je:;rmaking^f.sum
of 10,000,000= payable to himself. He also

signed it as, 'Bunkenke' went to Orial Bank and presented the cheque foigpayment.. The teller
who received the cheque was very certain Bunkenke had written it because of the similarity in
handwriting but she

decided to place a telephone call to Bunkenke just to confirm. It was at this juncture that Bunkenke
noticed what had happened. When Nyanya was arrested by the Bank’s police he said, 'OOPS!
Sorry/and

-offered to refund all the money. Indeed~he“7jepO'Sited 503300= onto

Bunkenke’s account the next day. Now Nyanya says since he paid back the money, he is an
innocent man.

As a junior state prosecutor you have been asked by the DPP to advise on what offences Nyanya
committed (25 marks)

3.    Write short notes on any two of the following:

(a)    Overt acts in the offence of treason as distinguished from misprision of treason;

b The nature of the offence of terrorism; and ,

( )

(c)    The offence of Corruption as distinguished from abuse of

T, ‘ office; x^-iA^marks) "'

SECTION II

4.    Samson Kaboyo 36 years, resident of Fort portal town, is brother to Phiona Gatare. Phiona
Gatare lodged a complaint with the police. Her story has been summarized by the Investigating
officer as follows: That she remembers being pregnant during the Presidential
elections campaign when Mr. Museveni and Mr. Simwogerere competed arid that

. jif^shelgaVe.Jbirthshortly aftef:the elections which Mr'Museveni won, to a ■ y. ^

daughtermame.dvAngela. Kaboyo. Angela Kaboyo wishes to pursue a music career and :her
unde Samson Kaboyo who is a music and dance teacher at Ms Angela Kaboyo’s school is very
much aware, On the a i5/yMarch.d2007, Samson Kaboyo invited Angela Kaboyo to go ■
together to the/well to fetch water. Half way the journey to the well, Samson-Kaboyo suggested
to Angela Kaboyo that her singing voice would greatly improve if she allowed him to insert his
penis into her Vagina, Angela-Kaboyo-.gladly accepted. Samson Kaboyo was in Aji|    : ayush
and tore her knickers and rubbed his penis on the girl’s
;..AUnM§juJfeelonga1:ed clitoris, before he was rudely interrupted by a passing snake, The
snake caused him to remove his penis from the girl’s clitoris. Angela Kaboyo who was said to
have been a virgin at the time sustained bruises around her genital area as confirmed by the
medical report which also shows that her tender pubic hair was found around Samson Kaboyo’s
genital area. Angela Kaboyo is said to be distressed after failing to realize any changes in her
singing voice. She has promised to give it a second chance and has told the police and the

court not to interfere. She is not willing to cooperate with the PoliGe again.

(а)    As a pupil state attorney in the Office of the Director of Public Prosecutions advise the
Principal prosecutor and the Police on the possible charge that can be preferred against
Samson Kaboyo and the chances of securing a conviction. (15 marks)

(б) Explain the nature of the changes proposed to be introduced in the offence of defilement
in Uganda. (10 marks)

5. Write ShbrTnotes on any three of the following.

.v .    '    ‘    •    r-* •    .    *
:
Ma)Diminished responsibility as understood in the law of Homicide. (h)Accessory after
the fact to Murder.

(c) Suicide pacts as distinguished from attempted suicide.

;^^XMsault occasioning Actual bodily harm as distinguished from doing ^•^^fiSrievbus

bodily harm.

(25llt0uclcs) .

f;*r.ft    ,f    .

;    *    '' • r;.»    «•-* *    .    *

6 You aefappointed as an intern in the office of the Director of Public Prosecutions of

Uganda. The DPP has four "problem fifes"for which no action has been taken in three weeks
after ine arrest or me suspeccs. On the basis of the description of the evidence on the files as
stated beiow, Advise the DPP On the  nature of charges, if at all that can be preferred against
the different persons. Where you believe no charge(s) should be pWfer&c/ explain the
reasons for that conclusion.

'EUftA .Thesuspect; James Akiif 30 years found cattle on his Shamba being’tended by two
children who said that the deceased Moses Aki, H&yearSlhad ibid them to bring the cattle
there. The suspect drove away.the cattle and went back home to fetch a panga to repair
the fence. On his return, he found the cattle there again and the children told him that they
had brought the cattle back on the deceased s order. The suspect again drove away the
cattle. While he was repairing the fence /deceased appeared armed with a bow and arrow
and after abusing the suspect, threatened to kill him. He then fired an arrow at the
deceased but missed. The suspect told the deceased not to kill him and the deceased replied
7 will kill you”The deceased then crossed the fence And. entered the shamba and struck the
suspect twice with the bow^and. tried to stab the suspect with the arrow where upon
the suspect struck the deceased repeatedly with the panga as a result of which the deceased
died.

h:

iv*

V .    •    •

FiteBa Accused A &B have been involved in failing businesses over the ~pastfaur years.
InluneAOOSAtheyconsultedC, a notorious witch doctor (known for engaging in child
sacrifice) for adviceTCadvfeecTtfie tvyo to offers a sacrifice to the spirits a child not below
the age of 12. On 15* March 2006, A spotted Junior Ahmed Imram, a boy of 16
years (hereiO§fterJuniot) and called B Amoved in and seized Junior. When asked about the
whereabouts of Junior, B first denied knowledge of such a child but later said that the boy
was left at the shrine of C in Masajja but that since Cdied after wards, he was sorry and
that he could not help. The father of Junior made several announcements of the
disappearance of his child in the media. In respect of the Red pepper Publications, an
editor in that paper, and friend of A and who also knew,about the seizing of Junior, always
altered the description of Junior as given to the paper by the father which made
Junior’s  idenhficatjpn difficult. Junior has not been seen again since 15th March

File C. A celebrated a church wedding with B in Kabale in 1976. At the celebration of the
silver jubilee of C and D’s customary marriage union on the 16th May 20Q7; where A&B
were invited, B, the wife of A aged about 50 years, at her request, had sexual intercourse
with C the hu and of ipalso aged about 50years.

■    ■'v ■ Mi '

FsSe D The suspect John Mogge, way laid and assaulted the deceased. Amongst, other,
wounds, the deceased was severely cut across his fingers by an iron instrument. His
Surgeon urged him to submit to blood transfusion to replace the lost blood but he declined,
fearing contracting

to lose blood but attended the hospital day - a ^ ' he wound

dressed. On the tenth day after the attack, he A^a anaemic and died due to lack of
sufficient oxygen. The surgeon ^’rdep^/\ed:'fhat-if -the, deceased had submitted to blood
transfusion, immediately he probably would have survived.
(25;rnairks)

END

MAKERERE UNIVERSITY

FACULTY OF LAW

EXAMINATIONS FOR FIRST YEAR BACHELO& OF LAWS (LL.B) DEGREE,

SEMESTER

II 2005/2006

-------— ^—GB3MJMAL LIABILITY <L.1Z03)------—

Date; Wednesday 3 1 May 2006 Time: 9.Q0a.m.-l2.30 p.m.

INSTRUCTIONS ' '    ........

(a)    This is a limited open book examination. Only the following materials are allowed into the
Examination Room:

Clean copses of the Penal Code Cap. 120 Clean copies of the Reading lists 2005/6

(b)    Answer two questions from each Section; Answer a total of four (’Ll questions:

All questions carry equal marks;

(c)    Use strictly one 16-page examination booklet;

^    ...... SECTION 1    .......

1(a)    Describe what amounts to "false pretence" in the offence of obtaining goods by false

pretences. (10 marks)

1(b)    Avondi was in a Wandegeya supermarket, he picked a bottle of mineral water and

placed it in a shopping basket. He then picked a handkerchief and two bars of chocolate and put
these items in his pocket. When he got to the Cashier, he stated that he had only bought water
and paid for it. As he walked out, the security guard who saw all this on the dosed circuit TV
stopped him. Discuss what offence(s) Avondi can be charged with. (15 marks)

2 (a) On 10 April 2006 Buwunya went to Apollo’s residence on Plot 23 Kira Road at about
7.30.a.m- Finding the entire house locked, Buwunya tried the windows and managed to pull the
 kitchen window often- He then inserted a long hook in an attempt to pull ‘ put an electric kettle
although he’was unable to take’it. All this was seen by Apollo’s

neighbour. Buwunya has been arrested. • T ,'    /

Advise oh what ofFenCe(s) Buwunya can be charged with, (is marks)

2(b)    Assuming that all this happened at 7.30 p.m., would this affect the nature of offence?

If so, what offence would Buwunya be charged with? (10 marks)

3.    Shaban, Bamutuzze and Mrs. Kalungi were arrested on Friday 13 April 2006. It has

been established that Shaban had plans of forming the’Gambuze Democratic People Group’
(GDP), an armed group in Gambuzc Republic. Bamutuzze was found in dm company of Shaban
in Kapchorwa. The two men had in their possession:

«    200 machine guns and several grenades;

« a list of names of likely reCnJits;

« a video tape whose recording-reveals that on lrt January 2006, various people had met in the
house of Mrs. Kalungi to discuss the way forward with their’project’. In tiie video, Shaban
addresses the meeting and states that -his agents are n°W prepared to embark on recruitment and
training and will match to Kampala mid dislodge the current administration of Gambuze Republic by
ywn'-end. The nwrnmg also hears that Shaban’s strategy is to cause Ills group to participate in
several muRm cover activities in Kapchorwa targeting members of the public so that the
people ’fesr’ GDP! The video also shows Mrs. Kalungi serving tea to the participants during the
course of the meeting.

As a police officer, discuss the likely offence(s) that Shabam EJamutuzze and Mrs. Kalungi can
be prosecuted lor. (2.5 marks)

SECTION II

4.    "On a charge of murder, proof of the; existence of a dead body of the person alleged to have
been Wiled by the accused is very important and the other elements necessary to prove the
offence of "murder are not as important as proof of the existence of the dead body in question/1
Per LLB Student, ttukono University.

Discuss the correctness of the above statement. (25 roarks).

5.    Write short notes on any three of the following:

(a)    Self defence and defence of property as applied in homicide cases;

lb)    Suicide pacts; h ;

(c)    Rape as distinguished from defilement;

(d)    Incest.

(25 marks)

6.    Mayembe is a known witch doctor at the village of Ntwatta in Mukono district. He settled on
this village 4 years ago together with his two beautiful daughters. Me and Kelly, having been
banished from his former village for witchcraft following a conviction by the Local Council
court of his former village. Ever since Mayembe’s settlement.on Ntwatta village,, misfortune has
befallen this village, the latest being the destruction of Qpondo’s farm by lightening. Mayembe
had been heard claiming

. that unless and until some rituals are performed in his recognition, other major : calamities
would happen to the people of Ntwatta. Opondo who has since become a pauper as a result of the
destruction of his farm also convinced Muko who lost his enterprising son/\uAltp
AAs/s^yVthe'cauA.ofthelf suffering,is Mayembe..Muko approached Kanta afofmeKAmin
soidler-y/\ho-is believed, to’be hiding a sun in his house. Kantaagreed to destroy Mayembe if
Ug.shs. lGb,000=was paid to him for the ■ assignment. On April £ 2CD3,bpondd paid Kanta the
5,00,000= and bn that day. Kanta attacked tlfehorrie of f/\.embe, brbk4 \ihto the house, andshbt
Mayembe. to death.-Kofi who was. a neighbour bf Mayembe.vv33 awakened by the shotting and
he saw this as an opportunity to fulfil, his desire of having sexuai Intercourse with AHe,.
on whom he had earlier spent a iot of money trying to convince her to mam/ him.
Kofi immediately rushed to the scene and dashed straight into Aile’s room and tried to have
sexual intercourse with Alle who was then deep asleep. Alle was awakened by Kofi’s forceful
attack and after a brief scuffle with Kofi both Alle and Kelly sustained major wounds when they
attempted to jump through the window to run dway from Kofi’s attack. Me was so saddened by.
fire death of her father and she. vowed to join him in hell. She therefore refused to.submit her
wound tc medical treatment from which she died on 19 March 2004. Keiiy: on. the other hand
was admitted in the nearby dispensary and was immediately discharged because the student
doctor in charge did not believe the injury was that grave. In fact Keiiy died of those wounds on
6 May 2006. The police investigated the murder of Mayembe and found that Kanta’s wife who is
also a witch doctor wanted to protect her husband from any accusation and so went to the scene
and took away the dead body of Mayembe arid threw it in a pit latrine at her home. That body
was not seen during the Investigation but on Kanta’s wife confession a shirt belonging to
Mayembe was found in the pit latrine.

You are a student prosecutor with the DPP’s chambers and the file has- been allocated to you to
advise the Senior Prosecutor on the possible offences disclosed by the above facts. Advise. (25
marks)

END

MAKERERE UNIVERSITY SCHOOL OF LAW COURSE WORK TEST

L.1208: CRIMINAL LIABILITY

Instructions:

1.    This is a take home test. Students will receive the question before hand and prepare for it.

2.    On the day time tabled the students will be expected to sit and write out their . answers.

3.    The test will be closed book and ONLY clean copies of the question paper will be permitted
into the room.

4.    The test will be for one (1) hour only.

5.    The test will be written on Monday 31st March 2014 starting at 8am.

QUESTION

Discuss the criminal liability of the parties involved and whether they have any defences

Mr. Kapaale runs superstar supermarket along Bombo Road while his wife Stella is a teller at
KCB a nearby bank. Because their business is in financial problems, Stella with the knowledge
of her husband takes UGX 5 million (five million) from an account in the bank belonging to a
one Saulo and used it for the supermarket saying that Saulo has too much money on his account
he will not notice it is missing and they will repay it later.

Shifa an employee at the same supermarket and in charge of the stores department plans to take
away some items from the supermarket in order to open up her own shop. She packs them up in
boxes however on the night she is meant to take them away she is called to the village and does
not carry out her plan.

Kato a ten year old boy finds a gold coated watch ling on the ground inside the swimming pool
premises at Kabira Club. He takes the watch home and shows it to his mum who tells him to take
it back to the pool. Instead the boy sells it and uses the money to buy a video game.

MAKERERE UNIVERSITY

__________sruoPT. ny I ,AW

FIRST YEAR EXAMINATION FOR BACHELOR OF LAWS (LL.B)

................... L 1209

TIME: 9.00 A.M.-12.30 P.M.

ACADEMIC YEAR2016/2017-SEMESTERII CONTRACT II

DATE: TUESDAY 12THJUNE, 2017 INSTRUCTIONS

a.     This is strictly a closed book examination.

b.     Answer FOUR questions. Questions one and seven are COMPULSORY.

c.     You must use not more than one answer booklet of 16 pages

Question One (COMPULOSR Y)

' Mansa entered into a contract of service with Nile Beverages, by which he was engaged.as chief
brewer. Clause 21 of the agreement provided as follows:

‘‘The employee undertakes, upon the termination of this contract, not to work for any other
beverages manufacturer in Africa until a period of fifteen years from the termination of
the contract has lapsed"

Clause 22 of the agreement further provided:

“The employee further undertakes that he shall never, for any reason, institute any proceedings
in any court of law against the employer. However, any dispute arising between the parties shall
be referred to the President of the Uganda National Chamber of Commerce and Inchi stry as a
sole arbitrator, whose decision shall be final. ”

Finally Clause 24 provided:

"For every year. in which Manchester United FC wins the English Premier League , the
employee shall be paid a bonus sum ofUshs. 20,000,000/=, while for every year in which it

does not, the employee shall forfeit a similar sum to the employer. ”

Advise the parties as to the enforceability of the above contractual provisions.

Question Two

a)    Explain the concept of fraud as enunciated under the Contracts Act, 2010.

i    I

* . ■*

b)    What remedies are available to a party who is induced through misrepresentation to enter into
a 
contract?

Question Three
Bantu is a 70 year old illiterate man. He told his son that he wished to transfer the certificate of
title °f the family residence into his wife’s names. Hearing this, the son connived with
KrukedRoyn, a

neighbour, and together they crafted a document which they convinced Bantu to sign
(thumbprint), thinkirrgrThatTr&was4rereby4raasferring the property to his wife as intended. In
fact the document had the effect of transferring the property into KrukedRoya’s names.
KrukedRoya~faas-since-used-the document to sell the house to Khalid.

Advise Bantu and Khalid as to their respective legal positions.

yQuestionFour .    .

Do you agree with the view that the cases of Cutter v. Powell (1795) 6 Term Rep 320, Sumpter
v Hedges [1898] 1 QB 673, Bolton v Mahadeva [1972] 2 All ER 1322 do not do justice between
the contracting parties? How have the courts tried to tackle the unfairness, if at all, created by
these decisions?

jQiteslion Five

a) In a written contract dated 30 April, John agreed to pay Tom 200, 000 shillings on 14 May for
cultivating his garden. On 8 May, by an oral agreement, in the presence of Jane, Tom agreed to
be paid only 120, 000 shillings and ‘they forget about the balance’. Tom completed the work on
14 May. He demanded 80, 000 shillings and John refused to pay. He wants to sue for breach of
contract. Advise him.

b)On 3 May, Kato agreed to sell goods to Jude valued at 5 million shillings, delivery to be made
within one month. He delivered only part of the goods valued at 4 million shillings. Jude
accepted the goods but refused to pay since Kato had delivered less than agreed. He sued Kato
for breach of contract. However, two weeks later, Kato’s lawyers wrote to Jude requesting to
have the matter settled out of court. Kato and Jude made an agreement under which the suit
would be withdrawn and Kato would have one month within which to deliver the balance of the
goods valued at one million shillings. Advise the parties.

Question Six

With the aid of statutory and case law, discuss the circumstances under which the doctrine of
frustration may be invoked.

yyQiiestJon Seven (COMPULSORY)

On 6 January, Collins entered into a contract to supply Peter 10 pick-up trucks made in China
within three months. Peter paid a deposit of 100 million to Collins. Peter wanted to use the
vehicles to transport goods to Democratic Republic of Congo (DRC) under a memorandum of
understanding entered into with the United Nations (UN) ; In fact, in pursuance of this
memorandum, Peter has spent over 20 million shillings on travel from Entebbe to Kinshasha to
follow up the transaction. One of the clauses in the contract provided that the time of delivery
would be extended if the delay was caused by difficulties, impediments or obstructions
howsoever occasioned.

On 20 April, the Minister of Trade imposed an indefinite ban on the importation of motor
vehicles from China. Collins has failed to deliver the trucks. At a recent press conference, when
asked when the ban would be lifted, the Minister said: ‘No one knows, except God. May be six
months, a year, honestly I do not know’. Because of the pressure from the UN, Peter wants to sue
Collins for breacSTofcontract.* Advise him.

MAKERERE UNIVERSITY

SCHOOL OF LAW LLB I EXAMINATIONS 2015/16 SEMESTER II

CONTRACTU............ L12d$

DATE: TUESDAY 17™ MAY, 2016    TIME: 9.00 A.M. - 12.30 P.M.

INSTRUCTIONS

1.     This is strictly a closed book examination.

2.     Answer FOUR questions, TWO from each section. Questions Two and Five are
compulsory.

3.     You must use not more than one answer booklet of 16 pages

SECTION^

Question One

"Where both parties to an agreement are under a mistake as to a matter of fact which is
essential to the agreement, consent is obtained by mistake of fact and the agreement is
void" [Contracts Act, 2010, Section 17(1)]

Discuss the scope of the above provision in relation to common mistake and mutual
mistake.

Question TwofCompu/sory)

a) Collin deals in ceramic floor and wall tiles. On 4 th May, he received a customer who
claimed that his name was Obed Kuky and sought to buy a huge consignment of floor tiles
for tiling the residence of the Minister of Works at Koiolo. It was agreed that Collin would
be paid in cash within a week. Collin asked the gentleman toidentify himself and he
produced a business card, which read: "Obed Kuky, Commissioner for Works, Ministry of
Works. He allowed the gentleman to take the tiles. When Collin approached the relevant
Government offices for payment, he was told that Obed Kuky, who is nowhere to be seen,
is not known to the Ministry of Works. It has since emerged that the Government paid
"Kuky" for the tiles in cash upon delivery.

Identifythe legal issues involved and advise Collin.

b) "When a document containing contractual terms is signed, then .....the party signing it is
bound,

and it is wholly immaterial whether he has read the document or not." Per Scrutton, LI in
L'Estrange vs Glaucob [1934] 2 KB 394 at 403.

Discuss the above statement.

Question Three

a)Prof. Tajiri teaches the Law of Contract at Makerere University. He recently published a
book entitled: An Idiot’s Guide to the Law of Contract. He told his class that if any student
did not buy a copy of his book, "anything might happen". Fearing that he might penalize
them in the first semester exam if they did not buy the book, some 50 students, who did not
have money, asked to take copies of the book on credit. Now that the examination results
are out, the students have refused to pay, claiming that they were "forced" to buy the book
against their will.

Advisethe parties concerned.

(b)    What remedies are available to a party who is induced to enter into a contract through

duress.

Question Four
(a)Aber
chairs the Contracts Committee of Makerere University. Recently he influenced the
committee to award a contract for supply of computers to Obero, upon the understanding that
he would be paid a "commission" equivalent to 20% of the contract sum. Obero received payment
but refused to pay the commission. Aber has since engaged M/S Kifesi & Co. Advocates to
represent him in his intended suit against Obero. But as he has no money to settle the legal fees,
it has been agreed that whatever money is recovered from Obero will be share equally between the
lawyers and Aber.

Advise Aber as to his legal position.

b)What
are "contracts in restraint of trade", and to what extent are they enforceable?

SECTION B

Question Five(Compulsory)
In April 2014, Kenneth and Jane decided to build a house in Mparo-Kabate where they would retire
from their
respective jobs at the end of December 2015. They engaged John, a builder by
profession, to build the house. They agreed with John that they would pay him 80 million
Uganda shillings and the cottage would be finished bv 31_January 20lwand they would move in.
Unfortunately, John fell ill in June 2014 and felt that he would have difficulties in finishing the
house by the agreed date. He informed Kenneth and Jane of his difficulties at the beginning of
July 2014. He also informed them that he had been able to find a sub-contractor but that he would
need to be paid an extra 10 million shillings to cover the costs of the sub-contractor. Kenneth and
Jane agreed to pay the extra mopey and John hired the sub-contractor. By October 2014, John
had fully recovered from his illness. He did not tell Kenneth and Jane of his recovery until the
beginning of May 2015. Kenneth and Jane then told John that they did not wish to pay the extra
10 million shillings since in their view, there was enough time left for John to finish the house
himself at the originally agreed price. -w***00*

As fate would have it, the half built house caught fire and most of the structure burned to the
ground.^Mj^ Afterwards, the police carried out investigations revealing that the fire might have
been caused by if faulty electrical wiring in some tools which John was using to build the house
and which he had left connected to the electricity grid. Very close to the house site, the police
also found some empty beer bottles which appeared to have been opened and drunk from the
place the same evening the house burnt.

Advise the parties on the legal position and what remedies, if any, John might have.

Question Six

'Where a contract becomes impossible to perform or is frustrated and where a party cannot
show that the other party assumed the risk of impossibility, the parties to the contract shall be
discharged from the performance of the contract' (Section 66(1) of the Contracts Act, No. 7 of
2010).

With the aid of the Contracts Act and decided cases, discuss the above statement.

.Quei-tion seven

'Where there is a breach of contract, the party who suffers the breach is entitled to receive from
the party who breaches the contract, compensation for any loss or damage caused to him'(Section
61 (1) of the Contracts Act, No. 7 of 2010).

With close reference to the rules governing the award of the common law of damages, discuss
the above statement.

MAKERERE UNIVERSITY

COLLEGE OF LAWSEMESTERTWO EXAMINATIONS LAW OF CONTRACT It

Date 19 May 2015    Time: 900am-12.30 p.m.

INSTRUCTIONS

2.    Answer FOUR questions. Questions TWO and44V£ are

3.    All answers should not exceed a booklet of 16 PAGES.

4.    Support your answers with relevant authorities.

1. This is a FULLY CLOSED BOOK EXAMINATION. «

COMPULSORY.

y*-
4
Question One (20 marks)

'Ever since the decision in Taylor v. Caldwell, the strict rule in courts and parliament in
respect of the legal effect of the

Paradine v. Jane has been relaxed by the doctrine of frustration/ With the aid of

relevant authorities, discuss the above statement.

Question Two (Compulsory: 30 marks)

. -,><• fc •

a)    Jameson, a construction engineer entered into a contract to build a house for John for
a total amount of U. Shs. 100,000,000. Jameson did about three quarters of the work and
then informed John that he had no money and could not go on with the work. John
completed the house himself using certain materials left on the site by Jameson. John has
said he cannot pay Jameson any money since he abandoned the work. Advise the parties.
b)
With the aid of relevant authorities, explain the legal effect of the following on a contract:
(i) waiver;

(ii) accord and satisfaction.

Question Three (20 marks)

'Where there is a breach of contract, the party who suffers the breach is entitled to receive
from the party who breaches the contract, compensation for any loss or damage caused to
him or her. The compensation is not to be given for any remote and indirect loss or damage
sustained by reason of the breach'.

With the aid of relevant authorities, discuss the above statement.

Question Four (20 marks)

'Where a contract is breached, and a sum is named in the contract as the amount to be paid
in case of a breach or where a contract contains any stipulation by way of a penalty, the
party who complains of the breach is entitled, whether or not actual damage or loss is
proved to have been caused by the breach, to

receive from the party who breaches the contract, reasonable compensation not exceeding the
amount 'namedordiepenalty-stipulatec|rasthe ease-may-be'(sectiom62(;tj.Qf.the Contracts Act,
2010).    __

With the aid of relevant authorities, discuss the above statement-

Question Five (20 marks)

Write short notes on the following:

(a)    The plea of non estfactum;

(b)    The Illiterates Protection Act, Cap- 78; and

(c)    Rescission as a remedy for misrepresentation.

Question-C§k(Compulsory: 30 marks)

(a) Moses Kaweke has been operating a private secondary school since 2005- Sometime in early
2014, he entered into negotiations with Mukasa, to whom he sought to sell the school as a going
concern- The negotiations went on for most of 2014 and early 2015- At the start of the process,
the two gentlemen jointly engaged a team of expert valuers, who established that the total market
value of the business, goodwill and assets of the school was in the sum of Ushs. 500,000,000/=-
However, in the course of 2014, the school suffered two violent strikes, in which some of the
assets were destroyed. Over 40 students were expelled. The rest got disgusted with the situation
and left- By April 2015, when the” contract Was finally signed and Mukasa took over, he found
the school had almost no students or staff, and was heavily indebted-

Mukasa feels that he was misled into a bad deal, and wants to pull out- Advise him.

b Compare and contrast indemnity and damages as remedies for misrepresentation-Question

( )

A(20 marks)    .

(a)    Salim, a fuel dealer, entered into an arrangement with Mande, by which the two agreed to
smuggle

petrol and diesel to Rwanda. Salim was to finance the operation, while Mande would do the
actual deliveries. At the Uganda-Rwanda border, Mande was intercepted by URA staff. He rang
Salim, who told him to pay them a bribe of Shs. 10m/=, promising to refund the same. He paid
and was allowed through. Their Rwandan counterparts paid the agreed price directly to Salim,
who pocketed everything. Mande now demands his share of the profits and a refund of the bribe
money he paid.    yy

Advise him.

(b) "Illegality renders a contract wholly void’and unenforceable by either party, in such a
contract, the loss lies where it falls". Discuss with reference to case law and the Contracts Act,
2010.

Question Se$in (20 marks) "Contracts in restraint of trade are primafacie void- They are also
unconstitutional". Discuss.

MAKERERE UNIVERSITY

~-__

SCHOOL OF LAW
FIRST
YEAR EXAMINATION FOR BACHELOR OF LAWS (LL.B)

ACADEMIC YEAR2013/2014- SEMESTER II

CONTRACTn....................................... L 1209

DATE: THURSDAY 29TH MAY, 2014    TIME: 9.00 A.M. - 12.30 P.M.

INSTRUCTIONS
8
This is strictly a closed book examination.

f |    Answer FOUR questions, selecting TWO questions from each section.

11    You must use not more than one' answer booklet of 16 pages

' i    *    ■ - -

SECTION A

‘    1    •- I f !

ft.    “What the judges of the Elizabethan' period were at pains to emphasise was that they

would not tolerate any contract that in.their view was injurious to society.... The judges were
determined to establish and sustain a concept of public policy”.* [Cheshire, Fifoot and Furmston;
Law of Contract: 111,1 Edition, P.341-2).
Explain the various types of contracts which are prohibited by law on the basis of the above
principle.

2.    “Normally the identity of the parties is’of no importance in the formation of the

contract”. [R. W. Hodgin; ay/ of Contract in East Africa; 1997 Reprint, P. 140}.

Discuss, with reference to decided cases and the Contracts Act, 2010.

f.    David Matu and his wife Jane Matu cc^owned a motor vehicle. The registration 0°g)

'    book of the vehicle showed that it v as a/2008 model. In fact it was a much older 2°0„0

model, but David had altered the log-book. Jane was unaware of this, and lmn^Uy believed the
car to be a 2008 model;. ~ *

In response to the couple’s advertisement Bogere visited the Matu residence and offered to buy
the car. Aijride a§ia ^eed dnd paid, and the couple handed over to car and log-book. There
wasjno‘discussion jabout the log-book. A few days hiNr, B° discovered that the cur, was, too old
gere 

and virtually useless. He also discovered the alterations in the log-book.’lie lias since tried to
return the car, but the Mato have refused to take it back. David claims that he was not under any
responsibility to brmg the alterations to Bogere’s attention. Bogere is considering suing both
David and Jane.

Analyse the legal issues involved and the remedies availed to Bogere.

' lOoo -V'.iJ .

: i SteCTION B

4.

. . .. - ‘ .... —

‘The position of the law is'Jthat axoritract.duly executed by parties is binding on them and the court
cannot exonerate; a^fy from due performance of their respective obligations thereunder save where
thefei's proof of a vitiating factor like duress’/ Extracted-from the Court of Appeal decision
inBehanze Jennifer V School Outfitters Ltd f1997-20011 UCLR 120.

Discuss the above statement, with reference to the law relating to duress.

With the support of relevant authorities, advise the parties in the following situations:
a)    Katwe Geothermal Limited employs 20 specialists at its geothermal plant in Kiboga at
US $1,000 per employee per month. The employees demanded for increment of their salary
to USD$2500, but the company could only afford USD$1200. Being well aware that
the company cannot get alternative staff with corresponding expertise, the employees declared -a
sit down strike, -paralyzing.the company perations. The company was forced to execute fresh
contracts conceding to their demands just to protect its repute towards its customers and avoid a
multiplicity ofispits.arising froni failure to meet its customers’ demands. The company wants to
avoid honouring the promised wage increases.

b) Nakalika faridah’s oniy;S)3pFahad3iakeeto deceived a strongly worded letter from Orient

Bank (U) Limited to the effect that,he was going to be prosecuted for issuing a false cheque in a
bid to settle his indebtedness to the. Bank. Nakalika went to the bank to seek guidance, confided
in the bank manager that if given time, she could arrange funds to cover her son’s debt to the
bank. The Bank manager, having discovered Faridah’s ignorance, and the trust Faridah had
placed in her, advised her to execute a deed of guarantee undertaking to discharge her son’s
indebtedness, and also asked her to surrender the title to her home in Makindye as security for all
her son’s “debts” with the bank. Unknown her, the son had accumulated other debts with the
bank, not covered by the false cheque, which were aU included in the guarantee. She has since paid off
the amount on the bounced cheque , but the bank has refused to surrender her land.titje until all her
son’s debts are discharged. .

.t

6.    (a) With the aid of relevant authorities, distinguish between common mistake and

frustration.    , .    »

(b)    John is a dealer in new and used vehicles, with business premises .at plot 6 Industrial Area,
Kampala. On 20 May 2014, he entered into a .sale agreement with Joan to seh to her a Toyota Mark
II Grande at IJshs. 7-0,000.000, tobepaid.within _two_weeks. It was agreed that the time for deliverer
<of. thei/-vehicle would be 25th May 2014 aLWP-m. However, unknown to both
Jolm&fldjqan,.the .vehicle was destroyed by fire on 19th May 20l4._

•    -V-di'GG .t    {%

Advise the parties on thejlegal.posifiob--. \    •

- • V i L *. *V i‘ .    .. .

(c) What would be youii.#dviceiip (b) above if the vehicle was destr°yed by to^risto on 21st May
2014? /    v '    '

’    . ■    .    • v

7.    With the aid of relevant authorities, discuss the remedies that may be available to the
plaintiff for breach of contract

_____—---MAKERERE UNIVERSITY-

SCHOOLOFLAW

FIRST YEAR EXAMINATION FOR BACHELOR OF LAWS (LL.B) ACADEMIC YEAR

2012/2013 CONTRACT II>.    . .. . .    L1209

DATE: MONDAY, 13TH MAY 2013    TIME: 9.00 - 12.30 P.M.

INSTRUCTIONS

a)     This is a closed book examination.

b)     Answer FOUR questions in all, TWO from each section.

c)     You must not use more than one booklet of 16pages

SECTION A

1 On 1st June 2012, Bwana Kapenta contracted to build a pleasure boat for Excite Tours Limited
at the price Ushs. 500,000,000/=. and to deliver same not later than thejfO/\jof November 2012.
Paymerffwas to be made jn three equal instalments, at signing, on 30 th September and on
handover of the boat. Upon receiving the first instalment,
Kapenta connnencMnjonstrtictiorrwork. Howevershortly thereafter, there was a steep rise in the
cost of materials. Consequently, on TstTuIy 2012rKapenta informed the Directors of Excite
Tours that unless they increased the price toJL5f$0p,000/=, and paid the entire balanee”at once,
he would abandon the wholeproject. The directors protested the threatened breach as they' had
already accepted several cruise bookings for the Christmas holidays, and:would be heavily
penalised in damages if they did not deliver,

btitf-apenta remaine demands. The boat was completed and delivered on time.

"Excite hadno option but to”accept Kapenta’s new

Seven months down the road, the directors of Excite have now come to y ou proposing to AueKapenta
to recover the sum of Ushs. 50,000,000/==, being the amount they paid in excess of the contract
sum.

Advise them.

exceptions to the rule that silence does not

1. (a)    Explain the

misrepresentation.

amount to /•

■ii

(b)    Distinguish between damages and indemnity, and explain the rules governing

award of damages for misrepresentation.

2. Celler entered into a contract with Bygr to sell to the latter his old truck which had t>een parked
at NtimoamCf-'or monthsiiue to mechanical problems. The agreed price was Ushs. 6-000.000/=
whiiph Dyer paid at once. The contract was signed at l-ampala where both gentlemen
resldeTand_itwa/"understood that Celler would~hand over the truck to Byer when the two met in the
village over the Easter holidays

However, on reaching the village, they discovered that unknown to them the truck had

exercise,

beerTimpounded and~ioTd olt by lown CounciTauthorities on a “clean up1, " -

long before they signedTheTroWactrByens-mnwAefflandmg-refund.Qf his monev contendmg

that there was no contract .in the first piace, while Celler insists that Byer should demand his
vehicle oiWvalue from Town Counci L

Advise Byer and Celler ?

3. Musoke entered into a contract of service with Makerere University. Paragraph 8 of

the contract states as    ?
“The employee undertakes, upon the termination of this contract, not to work for any other
university in East Africa until a period of ten years from the date of termination of this contract
has lapsed ”

And paragraph 20 of the contract further provides:-

“The employee undertakes that he shall never institute any legal proceedings against the -
employer for any reason whatsoever. ”

Advise both parties as to the enforceability of the above provisions.

4-    ; . SECTIONS

5.    With the aid of decided cases, analyse the law relating to damages and spedfic performance as
remedies for breach of contract

6.    How may a contract be discharged by frustration, and what are the consequences of such
discharge?

7.    (a)    Distinguish between liquidated damages and penalties.

(b)    In what ways, if any, has the Contract Act, 2010 modifiedthe position °f

case law relating to discharge of contracts by performance and breach?

hoi■

,'r-

MAKERERE UNIVERSITY

SCHOOL OF LAW

UNIVERSITY EXAMINATIONS FOR THE DEGREE OF BACHELOR OF LAWS (LL.

B) FIRST YEAR SEMESTER II 2011/2012

Paper:    The Law of Contract II (L1209)

Date: Friday 11th May 2012    TIME: 9:00AM-12:30PM

Instructions:

•    This is a STRICTLY CLOSED BOOK examination

•    Weil-structured and authoritatively supported arguments will be considered in awarding

marks.
•    Answer FOUR questions in total.Chooseafleast one^ueNtion from each section.

Each question the marks stipulated !at the end of each question and where the question is
subdivide into parts like (a) and (b), both must be attempted.

•    Students shall use only one answer booklet.

SECTION A

QUESTION 1: (25 Marks)

To what extent do the provisions of the Contracts Act, 2010 capture the position of the common
law and/or case law relating to contracts in restraint of trade?

QUESTION 2: (25 Marks)

Buzu is a very shrewd businessman. Since last year, he has been a regular attendant of the church
services and outdoor conventions held by Apostle Dr. John Ssemuwemba. of Winners’ Church
of the Blessed Trumpet. Before long, he caught the attention of the Apostle himself. In due
course, the Apostle made an offer to him that if he could contribute at least 20,000,000/= towards
the construction of a new church buildings the Apostle would arrange for him a visit to State
House and would further ensure that Buzu would be offered a contract to supply uniforms to the
UPDF on highly lucrative terms without having to go through competitive bidding.

Buzu made the donation as requested but six months down the road, he has not received the
promised invitation, not to mention the supply deal.    -

Buzu is now contemplating a suit against the Apostle and has come to your unde. Being worried
of sinking more funds into the venture, Buzu has suggested to your unde that he (your unde)
should fund the intended suit against Apostle John, upon the understanding that when they
successfully recover the funds they will share the winnings in equal portions. Advise Buzu and
your uncle on all the issues raised.

QUESTION 3    ~~---------.rT L1

i)    Nabwami, a sixty-five year old woman, who is totallyTTnableTb read and-Write, inherited
200

acres of prime land from her father Some twenty ears ago. She was recently approached by
Zagyenda, the director of Amazing Grace Property Dealers, who offered to help her sell off
the land as her marketing agents. The arrangement was that Amazing Grace, at its own cost,
would subdivide the land into Amallertfprtions and put them on the market That for every piece
sold, seventy percent of the moneys received would be passed onto Nabwami.    ■<-■ ■ *,_

Zagyenda then presented to her an agreement which he told her contained the above terms and
asked her to thumb-mark It. At the time she did so, only Zagyenda was present
She has since discovered that the document she signed was in fact a deed giving one half of the
land to Zagyenda as a gif, while also empowering him to market the rest and pay Nabwami
forty percent of the proceeds after on year.

/.

Nabwami is adamant and has come to you for advice and necessary action. Advise her. (15
Marks)

b)    What are the legal consequences that flow from a contract being declared illegal? (10
Marks)

SECTION B

QUESTION 4

v    a) Whereas a contract may be set aside on account of duress, it is Incumbent on the claimant
to

prove to the satisfaction of court that the contract was procured through legal duress; Per Lord
Wilberforce in Barton v. Armstrong fi9761 A.C 104 at p. 121: Focusing on the foregoing
statement, explain the legal principles underlying duress.as a ground for setting aside a
contract Support your answer with relevant authorities. [15 Marks)

b) Rev. Frank Kagezi, recently purchased motor vehicle No. (JAM 537 U, MBW X-5rat shs.3,
000,000/= from Susan Muwanga, one of faithful at his Church at Katwe. Susan had received it as
a gift from her boyfriend Maaio. The vehicle's current market value is 70,000,000/=, though
before the contract was executed, Rev. Kagezi prayed for Susan and assured her that she would
be rewarded in heaven, on top making her a leader in the church. Her furious boyfriend has
ordered, her.to cancel the contract and get the car back. Advise her on her rights and remedies
in the circumstances. [7 marks]

c) Would your answer in (b) be different If there was evidence that Susan was aware of the value
and had sought prior legal advice from one Mateeka, a prominent lawyer in town, who had even
drawn the sale agreement? [3marks]

QUESTION 5

a)    Explain the circumstances under which a party may be held liable for
negligent misrepresentation Support your answer with relevant authorities. [10 marks]

b)    Kasibante Samuel, a renowned, experienced and trusted real estate dealer in

Kampala approached Katq Singh, a doctor at Mulago with a view of getting him 2 acres of land
at Kololo with a re-sale value of at least shs.400,000,000/=. Kato Singh specifically
asked Kasibante to employ the services of a professional valuer and surveyor, to confirm
MAKERERE UNIVERSITY____

SCHOOL OF LAW

FIRST YEAR EXAMINATION FOR BACHELOR OF LAWS (LL.B) ACADEMIC YEAR

2010/2011 -SEMESTER II CONTRACT II    L1204

DATE: THURSDAY 17ni MAY 2011    TIME: 9.00 A.M. -

1230 P.M.

INSTRUCTIONS

a.    This is strictly a CLOSED BOOK EXAMINATION.

b.    Answer FOUR questions. Questions ONE and TWO ARE COMPULSORY.

c.    You must use not more than one booklet of 16 pages.

SECTION A

Question One (COMPULSORY)

“When a person appends his signature or thumb-print onto a document, he is bound by the
contents of the document, whether or not he read and understood the document, or whether
or not he can even read at all.”

Discuss the above statement with reference to the law governing documents mistakenly signed.
(25 marks)

Question Two (COMPULSORY)

Bukadde Stationers Limited is a company dealing in stationery, with a shop at plot 20 Nkrumah
Road. On 1st may 2011, a gentleman visited the company’s Nkrumah Road shop and sought
audience with Mattu, the company’s managing director. He stated that his name was Joseph
Magandazi Yiga (Jomayi), a famous real estate dealer and sought to place an order for stationery
worth Ushs. 80,000,000/=, payable within a week from the date of delivery. Mattu, whnJhad
y heard of JomayiA.uthaclnever.seeja.QLdr)nc business with him,-asked for
alwa s

some Rum^identification, whereupon the gentlemen produced e'xpen^y.e-

lookingJbusiness.caids, bearing jhgjiames Joseph Magandazi Yjgajmd an office address. at-
nlot.3RMa.rtin Road, Old Kampala._MatfaLAvas-imgressed-and-he-immediatelv ordered his workers
to load the stationery gs/\9mled~Qutbyjthe.gentlemanjandJJie(>>jDsigDingnLwas delivered at
plot 30, MartinR-padT'"

A week later, Mattu called the telephone number on the business card which the gentlemen left
behind, but found that the number was not in service. He sent an assistant to the Martin
Road address, but the latter found the premises closed and, on inquiry, was told that the tenant
had been chased away three days back for non-payment of rent. That evening, UBC
Television featured a series of interviews with the leading property dealers in Uganda, and one of
the persons being interviewed was Jomayi. To his shock, the Jomayi featuring on television
had absolutedy no resemblance with the gentleman that the company supplied goods.

All efforts to trace the real person the company dealt with have been futile. However, a few flays
ago, Maffu discovered That wherrhe was evicted fronrthe-premises-on-Martin
roadAthe gentleman cheaply re-sold the stationery to an Indian trader call Singh, who has a shop
on the same street in Old Kampala.

Advise ALL the parties (25 marks)

Question Three

“.....It (frustration) is a sort of short hand: it means that [the] contract has ceased to bind the

parties because the common basis on which by mutual understanding it was based has failed. It
would be more accurate to say, not that the contract has been frustrated, but there has been
a failure of what in the contemplation of the parties would be the essential condition or
purpose of the performance”.

In light of the above statement, discuss the following:

(i)    How a contract may be discharged by frustration (15 marks).

(ii)    The legal effects of frustration on a contract (10 marks).

Question Four

(a)    Discuss the rules relating to the award of damages as set down in HADLEY V

BAXENDALE (1854) 9 ex, 341 (10 marks).

dCt fdWET    '

(b)    Discuss the equitable remedies available to a contracting party in case of breach of

contract (15 marks).    ^ Cun    rr .kiXiXpEu

„    u(Y«>'cy    **

Question Five    V

Discuss how the doctrine of duress has developed in more modem times to apply in a more
practically significant context (25 marks).
Question Six

With the aid of decided cases, distinguish between duress and undue influence (25 marks).

FACULTY OF LAW

FIRST YEAR EXAMINATION FOR BACHELOR OF LAWS (LL.B) ACADEMIC YEAR

2009/2010 - SEMESTER II

CONTRACT II.........................................L............L 1209

DATE: TUESDAY 18 MAY 2010    TIME: 09.00 A.M. - 12.30 P.M.

INSTRUCTIONS

CT P

This is strictly a closed book examination.

Answer ANY FOUR questions.

1. In 2008, Kato signed a five-year contract of service with the Forum for Democratic Change,
the main opposition party in Uganda, by which he was engaged as head of the desk responsible
for detecting and preventing electoral fraud perpetrated by the National Resistance Movement,
the ruling party. The contract of service contained a clause by which Kato undertook not to work
for the National Resistance Movement anywhere in the country, for a period of twenty years
from the termination of his contract. Subsequently, the employer took him for rigorous training
on fraud detection and prevention, and exposed him to some of its most confidential electoral
secrets.

Last month, Kato resigned his job, and was immediately recruited by the National Resistance
Movement, to take charge of its “dirty tricks desk”. Forum for democratic change is outraged by
this betrayal and would like to stop him from working for their rivals.

Advise them

2. (a)    “ There is no way a court of law can recognise and give effect to a contract designed to
perpetrate corruption in public life”. Discuss with reference to decided cases.

(b)    For duress to afford a ground for relief, it must be duress of a man’s person, not

of his goods”. Per Cheshire & Fifoot, Law of Contract, 11th Edition, p.297. Discuss

^ 3. A man calling himself Kirumira visited the premises of City Oil Ltd and made an order for
2000 litres of petrol, offering to pay at a later date. The manager of City Oil had always heard of
Kirumira, but had never seen him. He asked the man for identification and the man produced a
business card in the said names. The manager was satisfied and allowed the man to take the
petrol on credit. A few minutes after his departure, the real Kirumira came by to fuel his car. The
manager immediately rang police. The fake

TCirumira~waS~chasedAmNakjvubo-whereTX^asToimddj&in£1_paid?_after_selling the petrol

to a black-market dealer called Kyazze. Upon sighting police, the rogue, who had already
received his payment, took to his heels. The City Oil management, together with police are
insisting on confiscating the petrol, arguing that the sale to the rogue was null and void and that
he could not pass good title to Kyazze.

Analyse the issues raised and advise the parties.

A 4. (a)    Distinguish between fraudulent misrepresentation and negligent

. misrepresentation.

. s V, A'-1'- V-AJC *
5
*

(b)    Under what circumstances may silence amount to misrepresentation?

Octagon Limited signed a contract with the Government of Uganda to repair and expand
theXampala-Mityana road, fora sum of US $ 120,000,000,000. The contractor sv.wv.w v wAwas
paia 30,000,000,000/=, being 25% of the contract sum. The contractor managed to effect most of
the contract works, save for some eight culverts, onesmall bridge and other minor finishes. The
company directors claim that if it was not for the frustration caused by rampant theft of
equipment and materials by their workers, they would have been able to finish the job. They,
however, insist that they should be paid the full balance.

On its part, the Government maintains that it will not pay them a shilling more, unless they
complete the job exactly as agreed.

Advise both parties.

* JS. (a)    Compare and contrast specific performance and injunctions as remedies for

breach of contract.

(b)    “ The rationale    behind the doctrine of frustration    is that a    person should not be

IAW.M    penalised for    failure to perform a contract    which,    owing to    Ranged

qwyA™    circumstances,    has become either impossible to    perform    or radically    different

v~~~v-»~.-Tr0m what was    initially envisaged”.

Discuss, with reference to decided cases.

\'*-

7. Analyse the principles of law enunciated by the decisions in the following cases:-

(a)

(b)

(c)

Cutter-vs- Powell [1795) Paradine -vs- Jane [1647} Hadley -vs- Baxendale [1854]

FACULTY OF LAW

FIRST YEAR EXAMINATION FOR BACHELOR OF LAWS ACADEMIC YEAR

2007/2008 - SEMESTER H

CONTRACTU .................................. L1204

DATE: WEDNESDAY 13TH MAY, 2008    TIME: 2.00 P.M. - 5.30 P.M.

INSTRUCTIONS

o'

This is strictly a closed book examination.

Answer FOUR questions, selecting TWO questions from each section. c.    Each section must be
done in a separate answer-book

SECTIONA

1. Saasi Electronics are dealers in computers and related products and accessories. On 10thApril
2008, a smartly dressed gentleman visited the company premises at plot 14, Kampala Road and
offered to buy eighty desk-top computers, purportedly to stock his internet cafe at Uganda
House, Kampala. He sought to pay for the computers by cheque. The manager of Saasi
Electronics was reluctant to accept the cheque, until the gentleman identified himself as Aggrey
Mulwana, the only son of James Mulwana, a Kampala tycoon.
The manager had ever heard of the Mulwanas, who are famed for their affluence, but had never
dealt with them. He asked for some formal identification, whereupon the man produced a
business card bearing the said Uganda house address. This reassured the manager, who accepted
the cheque and allowed the gentleman to load the computers onto his truck.

It has since emerged that the gentleman had no connection to the Mulwana family and has no
internet cafe at Uganda House or anywhere in Uganda, for that matter. In fact he promptly re-
sold the computers to the Uganda Savedees University, before fleeing the country for good. His
whereabouts are unknown.

When the cheque he issued was banked, it was returned unpaid, with the words “cheque
stopped”, the same having been stolen from the real Aggrey Mulwana. Uganda
Savedees University has now refused to hand back the computers, arguing that they bought them
in good faith and for value.

The Manager of Saasi Electronics has now approached you for advice.

Advise him. (25 marks)

(a) Sometime in 2005, Matte was engaged/employed by Hima Cement as a production Manager.
His employment contract provided, inter alia as follows:

2.

“The employee undertakes, upon the determination of this contract, not to engage in any similar
undertaking anywhere in East Africa, until a period of five years from thedetermination of the
contract has lapsed."

At the beginning of this year, he resigned from the company and joined Bamburi Cement, a
Kenya-based company which, like Hima Cement, is engaged in cement production. Hima
Cement has now written to Matte, threatening to sue him unless he immediately resigns from
Bamburi Cement.

Advise Matte. (15 marks)    ;

(b) Under what circumstances is a party to a contract barred from seeking to escape his
obligations under the contract by invoking undue influence? (10 marks)

3.    (a) “The general rule is that mere silence is not misrepresentation”.

Discuss the above statement and analyze the circumstances under which silence may amount to
misrepresentation. (15 marks)
(b) What remedies are available to a party who is induced, through misrepresentation, to enter
into a contract? (10 marks)

'    •    , o .    ‘ ,    '    1 "

* > k    » 4‘'    . ,

SECTIONB

4. (a) “A defendant is not liable for a loss which is too remote”. Explain with reference to
decided cases. (10 marks)

(b) G entered into a written agreement with H under which G promised to deliver certain goods
to H on the 16th of April 2008. The contract contained a term providing tku liquidated damages
of Ugshs. 3,000,000/= would be payable by G to H in the event °1 any of the following breaches:
A |

i.    If the goods were not of stipulated quality.

ii.    If the goods were not delivered on the agreed date.

iii.    If less than the stipulated quantity was delivered.

G delivered the goods of the right quality and the right quantity, but‘on the 17 April 2008. H
accepted the goods, but intends to bring an action against G for breac'h °f contract. H argues that
because of G’s delay he suffered a financial loss of Ug shs 400,000.    “    *

Discuss all the legal issues arising and advise the both II and G. (15 marks)

5. “Where performance has become unexpectedly onerous or even impossible, owing to

the occurrence of some subsequent event, there is no excuse and nadischarge4br-the-party —
whose-perfonnance is" expected. Tfthe party^wishes to protect himself from the effect
of subsequent difficulties or impossibilities he should stipulate accordingly when making
the bargain.” Paradine Vs Jane [1648] Aleyn 26.

Discuss. (25 Marks)

6. Nyeko inherited a flat in Gulu town from his father who passed away last year. At the time  the
flat was in poor condition and needed serious repair. Nyeko engaged Okot, a local builder, to
repair the flat. He paid Okot 2.500.000/= in advance, with the balance of 7.500.000/= payable on
completion of the work. The repairs where expected to be completed in March 2008 and Nyeko
agreed to let the flat to Ibrahim and his wife Mabel, who where interested in turning the flat into
a hotel for two years before their return to Egypt. Okot was unable to complete the work by the
end Of March and major items remained undone. Because of the serious defects in Okot’s
workmanship, Nyeko hired Caleb, another contractor, who was to be paid only after completing
the work. Caleb finished the work perfectly in just two weeks. Nyeko then let the flat to Ibrahim
and Mable on the 1st of May 2008 for the sum of 50,000,000/=, being rent for the period of two
years. Unfortunately, on the 2nd of May 2008 the flat was destroyed by a fire started by the locals
who where incited by Kiggundu, their Member of Parliament, who told them that Ibrahim and
Mabel were foreign exploiters who were interested in slowly but surely grabbing Acholi land.

i.    Caleb is now demanding payment for the work done.

ii.    Okot wants another 1,000,000/= for the work he claims to have done.

iii.    Ibrahim and Mabel want their money returned.

iv.    Nyeko wants your legal advice on how to deal with this matter since he had also incurred
expenses in repairing the flat.

Advise all the parties involved. (25 marks)

7.    Write short notes on;

i.    The meaning and effect of anticipatory breach of a contract

ii.    Discharge of a contract by Agreement.

iii.    Whether specific performance can be granted in case of contract of personal services.

iv.    Mitigation of losses.

(25 marks)

GOOD LUCK.

MAKEHERE UNIVERSITY

__ _____-SCHOOL-OF-LAW-

UNIVERSITY EXAMINATIONS 2016/2017

FIRST YEAR SEMESTER II EXAMINATIONS FOR THE DEGREE OF BACHELOR OF

LAWS

L12ofe LEGAL METHODS

DATE: Thursday, 22nd June 2017.

TIME: 9 a.m.    12.30 p.m.

INSTRUCTIONS:
1. This is a closed book examination. No materials whatsoever, mcDdmg mobile phone handsets
are permitted into the examination room.

2. Answer four (4) questions in total, two (2) questions from each section.

3.    Question Four is COMPULSORY.

4.    All questions carry equal marks.

5.    Clarity, sound analysis and originality shall be an added advantage in the scoring of this
paper.

6.    Use only One answer booklet comprised of 16 pages.

7.    Examiners loathe verbiage. Verbiage will be penalized.

8.    These instructions should be read together with those appearing in your answer booklet.

SECTION A:

Question One*/

“Notwithstanding article 132 (4) of the Constitution, a Trial Judge is under a duty not to follow a
Supreme Court decision clearly arrived at Per Incuriam.” Per LLB I student.

(a)    Discuss the above, clearly indicating the circumstances under which a lower Court can
depart from a decision of the Supreme Court (05 marks).

(b)    In view of the centrality of the provisions of the statutes in the practice of law in Uganda,
discuss the continued relevance of the doctrine of precedent (1° marks).

(c)    Discuss tire factors that any Court has to take into account in arriving atits conclusion (s) (10
marks).

Question Two:vA

Kamya just received a judgment in a matter in which his claim has been dismissed with costs. In
coming to his conclusions, the Trial Judge heavily relied on: a

Newspaper article that he read while being driven to work concerning the case; a \J.S. Supreme'
CoufTderision-'rin-allrimirslLwithjthis case: writings on the pure theory of law on the efficacy of
a legal system; the Constitution of Ugaridajl995ns-amended) and the Contract Act (Chapter 73
Laws.of Uganda); H.E The President of Uganda’s directive to all Judges on how to handle lagd
matters.

Advise Kamya on the propriety of this judgment. (25 marks)

Question Three: y

The study of Legal Methods at Makerere University is going forward utterly unnecessary. The
course ought to be merged with Introducing Law and offered as a single course unit. Do you
agree? Give reasons for your answer. (25 marks)

SECTION B

Question Four (COMPULSORY):

Metropolitan University of Uganda (MUU) is a newly established private University in the

eastern town of Mbale. The University operates on a provisional license issued by the National
Council for Higher Education (NCHE). MUU has four approved Colleges in Humanities,
Business, Management and Agriculture. The four Colleges run 100 undergraduate Programs of
which only ljjiave been accredited by NCHE. MUU relies on tuition from students at a rate of 90
per cent to finance its budget. Thus, in a bid, to “cut-costs” and “remain-in-business”, MUU
employs only part-time academic staff who are paid at a hourly rate and most of whom hold only
a Bachelors Degree. The part-time staff teach on average £5-to 4Q hours per week
including weekends. Only the Heads of Departments, Deans, Directors, Principals and
other senior university management staff are hired on a permanent basis. Due to limited funds,
MUU does not have a University Council, Senate and Students’ Guild leadership. The University
thinks these three organs are too costly to maintain. The students at MUU have never paid the
NCHE annual fees payable by all students in Universities and other tertiary institutions in
Uganda.

In May, MUU opened new campuses in the neighbouring towns of Soroti, Tororo and Busia. The
University’s ultimate aim is to have campuses in all the major towns of Uganda. The three new
campuses are yet to be inspected and approved by NCHE. However, owing to the high demand
for law and science courses, MUU mounted new undergraduate programs in law, human
medicine and surgery, civil and electrical engineering -at both the main campus and its new
campuses. The new programs are neither accredited by NCHE nor the professional bodies as
mandated by law. MUU has also admitted students with only one principal pass to the new
science program arguing that scientists are very few in the country and yet it is now government
policy to train more scientists to take the country to middle income status.

Concerned by these and other developments, a ‘patriotic’ citizen has p etitioned NCHE to
investigate MUU on a number of allegations, including: discrimination against students with
disabilities sexual harassment of female students, forcmg Seventh Day Adventist students to
attend lectures and sit for University examinations on Saturdays,,failure to remit Nation;! Social
Security (NSSF) contribution for staff

and to develop University policies, on staff promotion, award of honorary degrees, discipline of
students among others.
 detailed and well-researched memorandum, advise NCHE on the possible course of action
fa a

based on the laws and rules that govern Universities and other tertiary institutions in Uganda. (25
marks)    "

Question FivcA

Assume you have just graduated from Makerere University with a strong upper second-class
honours degree of the Bachelor of Laws (LL.B.). With your good resume, the Uganda Law
Refonn Commission (ULRC) has commissioned you to undertake a research study and advise
the Commission of the legal changes, which are necessary for the purpose of effective regulation of
the conduct and ethics of advocates.

Please prepare a memorandum on the changes you will propose on the study of laws and rules
that govern the conduct of advocates in Uganda. Justify why you propose the said changes. (25
marks)

Question Six^L

(a)    Write at least half a page on the following items of legal research, clearly highlighting their
differences and similarities: -

i)    A bibliography and a list of references (4 marks);

(

(ii)    A table of contents and the index (4 marks);

iii)    A foreword and a preface (of a textbook) (4 marks).

(

(b)    Using relevant examples and authorities, explain the major causes of ambiguities in statutes
and documents and how these (causes) may be avoided. (13 marks)

END

MAKERERE UNIVERSITY

FACULTY OF LAW - —

UNIVERSITY EXAMINATIONS 2015/2016

FIRST YEAR SEMESTER II EXAMINATIONS FOR THE DEGREE OF BACHELOR OF

LAWS

L1201 LEGAL METHODS.

DATE: Friday May 27*, 2016.

TIME: 2p.m.— 530 p.m.

INSTRUCTIONS:

1.    This is a closed book examination. No materials whatsoever, including mobile

phone handsets are permitted into the examination room.

2.    Answer four (4) questions in total, two (2) questions from each section. QUESTION 1 is
COMPULSORY.

3.    All questions carry equal marks.

4.    Clarity, sound analysis and originality shall be an added advantage in the scoring of this
paper.

5.    Use only 01 answer booklet comprised of 16 pages-

6.    These instructions should be read together with those appearing in your answer booklet.

SECTION A:

Question 1 (COMPULSORY):

“If it may please your Lordships, for the respondent I want to make the following arguments: (1)
The Supreme Court decision of Florah Rwamarungu v. DFCU Leasing is not binding on
this Court of Appeal because, the supreme court made no single reference to any law when it
was making that decision and as such that decision was decided Per inmrium. However, being in
the East African Community 1 would invite you to consider the East African Court of
Justice decision in Union Trade Centre v. Attorney General of Rwanda (Appellate Division) as
binding on you; (2) Notwithstanding the Constitutional provisions on this matter, i refer Court to
the Presidential directive of the 2nd June 2014 touching on this matter where he gave clear
directions on what the Kampala Capital City Authority ought to do, which directive should be
applied in full force in this matter (3) In view of the first two reasons, the plaintiffs evidence
whether genuine or not cannot be allowed to stand and ought to be treated with utmost suspicion,
(4) Other Court’s in the World have made progressive strides in this area and have
consistently listened to the voice of the voiceless notwithstanding what is coming from that
voice. So, I invite Court to apply its wide discretionary power to listen to the voice of the
voiceless and reject the appellant’s case.”

Assume that you were a Justice of Appeal, using your knowledge on precedents and legal
reasoning, with authorities, make a ruling to Counsel’s above submission, and if there are
any flaws in his arguments, advise him on the appropriate legal position.

Question 2:

■^Tfae^gamk^W SocietyJia^gritten to the H.E. The President of the Republic d Umfa

requesting hm n°t i° assirni. to this B .(Th'llnCONy _ Anie enrm to): y\uttmse^\ri
burden should be shared fairly..The President, Uganda Law Society, 18th April 2016. DiscUss the various
steps that this Bill should have passed chough pxio1 t1 its w o m i a n Act of Parliament and also
advise the President of the Uganda Law Society on what can be done, if any. at this stage for the
Bill not to be assented into law'-.

Question 3:

As a completing student of Legal Methods. advise the School of Law, on the continued relevance
of the study of legal methods at the school and how best the same can be improved, if there
are 
any flaws in the course.

SECTION B:

^ --ff How and why is legal writing different from other writing you know?

Explain the concept and the significance of statutory interpretation.

p- Assume you are a researcher working for the parliamentary commission, mak:e a submission
to the newly inducted Members of Parliament, comprehensively addressing them on the
challenges of proriding legal education in Uganda whde recommending appropriate action to deal
with them.

END.

MAKERERE UNIVERSITY SCHOOL OF LAW UNIVERSITY

EXAMINATIONS —    ACADEMICYEAR 2015/2016    :

FIRST YEAR SEMESTER II EXAMINATIONS FOR THE DECREE OF BACHELOR OF

LAWS

L.120S LEGAL METHOD (Undergraduate Programme!

Date of submission: 22 March 2018 Time: 5.00pm

Instructions;

1.    This is a take home course work test.

.    R has been provided to enable you to research independently and write out your response which you
2

will submit on the date and time indicated above.

3.    You are strongly warned against plagiarism. Originality as an attribute, is an

added advantage.    "

4.    This coursework will constitute 30% of the overall examination score.

.    Remember to write your name and’ registration number correctly to avoid Thisrecording and
5

missing your marks.---

.    Stamped answer sheets will be provided to you by the Examination Officer through your Class
6

Representative. Do not exceed four (4) pages. 2 1

The court had to decide v/nether or not this sort of knife came within the definition; of a ’folding
pocket knife’, if it did the defendantwould be found not guilty.
The
court looked at Hansard to try to discover the intention of Parliament (commonly used with
the mischief/purpasive approach}.. Having, read the debated Lord Justice Kiggundu held that the
statements of the Ministers were not clear in the sense that Pepper v Hart required, because the
phrase 'locking pocket knives’ was an ambiguous phrase. If the court attempted to define the phrase it
would go beyond its proper .function, it would no longer be interpreting the intention of
Parliament; it would be writing the legislation it thought was reasonable. In these circumstances
the court did nof think fiat the conditions in John Paul v Nakvemahla were fulfilled and that it
was legitimate to take into account the statements reported in Hansard.

The knife was held not to be a folding pocket knife* and the defendant's appeal against conviction
was dismissed.

Questi°n - Answer both questions-

1.    Describe the purposive approach using decided cases to illustrate your answer. [15]

2.    Discuss the difficulties associated with finding Parliament’s intention when

interpreting^ Act. [15]

MAKERE RE UNIVERSITY SCHOOL OF LAW

EN
DOFSEMESTER II (2013/14) EXAMINATION

-LEGAL-METHODS (L1201)"
D
atC: 23 May 2014.    Time: 2.00 p.m.-5.30 p.m.

Instructions:

i CLOSED BOOK examination.

(a)    This s a

   A.tlempt F°UR questions in all; answering at least one question from each section. QUESTION
(b)

ONE ISCOMPULSORY.

(c)    Use ONE answer booklet- i

(d)    Answers must be c|ear|
y thought out and supported by the relevant law/authorities.

(e)    Read all the instructions oh the answer booklet

Section A:

r Question One (COMPULSORY):

■    9    ‘    9    ••k    m

. J •’ f.

Section B:

Question Three: S    A    *<    ,

“The continued and rigorous adherence to the doctrine of precedent has no doubt led to injustice within in the
a.djudication of disputes in Uganda thereby leading to absurdities in some instances especially by
notresolving the actual dispute between the parties.” Per L.L.B.
1s
tudcnt. With specific authorities and illustrations discuss this statement clearly highlighting the continued
relevance of thefdadtrine’of precedent in legal reasoning and making any proposals for reform (if
necesAdry)'; • ^ •

" •• r '•    .    ;    / -

♦    «    . *    t    .    *

Question Four:    Vt ■ ’

■■Write short notes on the following demonstrating their continued relevance to the study of
legal methods: ~........    A '

(a)    Material and immaterial facts.

(b)    Per incuriam and Per curiam.

(c)    Res judicata.

(d)    Distinguishing cases.

•,‘

(e)    Reasoning by analogy.

Section C: (Attempt ONLY ONE question from this section).

5

Question Five:

■ EITHER: ^

Analyse the various rules of statutory‘interpretation, explaining the strengths and limitation of
each, and the circumstnaces binder .which .a given rule may be more appropriate
c°mpare toothers..

OR:

’ .1;    . ‘V ‘    i. . t. •

Write short notes on the following expressions and terms, explaining their relevance statutory
interpretation:

(a)    Ut res magis valeat quam pareat.

(b)    Expresso imius est exclusio alterius.

MAKERERE UNIVERSITY

SCHOOL OF LAW

LEGAL METHODS COURSEWORK

Instructions;

•    This test is marked out of 3 0 marks and is essential to your overall module mark.

•    Date of submission - -1st April 2014.

•    All answer scripts must only be submitted to the subject lecturer/invigilator.

•    Your answer must not exceed 4 pages.

•    All university examination rules apply.

•    This is a strictly closed book .test.

•    Time: 1 Hour (10 a.m.. - 11 a.m.).

•,■

■ V.y/    / .
QUESTION:    ■ ' * A :    '    .    ;

of legal Court of

Discuss the continued ; relevance of the study methods to an intending Advocate of the
High Uganda.

End

jfyv;;;

• V: V:?;'.

MAKERERE UNIVERSITY

SCHOOL OF LAW!

LAW 1206: LEGAL METHODS EXAMINATION (SEMESTER II (2014/15)

Date: 28thMay 2014    Time: 2.00 - 5.30 p.m.

Instructions:

( a)    This is a STRICTLY CLOSED BOOK examination.

( b)    Attempt FOUR questions only, answering at least one question from either

section. QUESTION FOUR IS COMPULSORY.

( c)    Do not use more than one answer booklet of 16 pages.

( d)    All questions carry equal marks.

( e)    Read all the instructions on the answer booklet

SECTION A.

QUESTION ONE:

Write short notes on the following:

(a)    Explain the esjudem generis rule and when it can be applied? (5 marks)

(b)    Discuss legislation as a source of law and explain how it relates to other sources of law in
Uganda's legal system. (5 marks)
(c)    Explain the meaning of an ordinance and under what circumstances it may be used in
Uganda. (5 marks)

(d)    Explain the implications of an Act of Parliament coming into force. (5 marks).

(e)    Identify and describe four features of good legal writing. (5 marks)

QUESTION TWO:

Analyze the main approaches to the interpretation of statutes, and explain the circumstances
under which a given approach may be more appropriate compared to others. (25 marks)

QUESTION THREE:

With reference to applicable statutory law, explain’how local governments can legitimately make
law. (25 marks)

SECTION B:

QUESTION FOUR (COMPULSORY):

Bukedde, whilst attending a burial in Butambala, hears Ali and Abdul engaged in a conversation
on how the Uganda National Roads Authority (UNRA) has completely taken over his land to
construct the Butambala road that will transform the village into a "first world village.” Ali
further narrates to his friend that UNRA destroyed his house.

Bukedde immediately informs All that he is a serious Counsel who at a 2015 Makerere
University graduation graduated with a 1st class honors degree in law. He informs them that he
will squeeze UNRA into submission. He further informs him that of all the -graduates, he was the
only one whom lecturers consulted on road compensation issues. On his fees, Bukedde informs
Ali that due to the biting poverty in Butambala, his services will be pro bono. Bukedde through
his Bukedde and Co. writes to UNRA which within 14 days immediately releases UGX 450
Million to Bukedde for onward transmission to Ali. On his receipt of the same, Bukedde,
releases UGX 50 Million to Ali and informs him that that is the value of the land. That the
balance was covered in his legal fees, filing fees for the case, commitment fees to UNRA, fees to
Uganda Law Society and the Law Council and Continuing Legal Education, which is necessary
to deal with UNRA matters. Aggrieved by these developments, Ali immediately contacts
the Butambala Resident District Commissioner to assist him recover his money.

You are an internship student at Arcadia Advocates and the above case file is forwarded to you
with instructions to identify all the legal issues therein, indicating the propriety of Bukedde's
conduct advising on how best he can be brought to order (25 marks).

QUESTION FIVE:
"The doctrine of precedent has completely lost its relevance in the study and practice of law in
Uganda as all aspects are properly provided for in the statutes. All reasoning has to be rooted in a
provision of the law, and nothing more than that" Per LLB 1 Student With clear illustrations and
authorities, do you agree with this assessment? (25 marks).

QUESTION SIX:

Write short notes on the following demonstrating their continued relevance to the practice of law
in Uganda.

(a)    Certificate of Eligibility.

(b) The Committee on Legal Education and Training

(c)    Pro bono legal services.

(d)    Disciplinary Committee.

(e)    Res judicata (25 marks).

End.

MAKERERE UNIVERSITY SCHOOLOFLAW

END OF SEMESTER II (2012/13) EXAMINATION LEGAL METHODS (L1201)

Date: 9<h May 2013.

Time: 9 a.m. - 12.30 p.m.

Instructions:

(a)    This is a CLOSED BOOK examination.

(b)    Attempt FOUR questions ih all; answering at least one question from each
section. QUESTION ONE IS COMPULSORY.

(c)    Use ONE answer booklet.

(d)    Answers must be clearly thought out and supported by the relevant law/authorities.

(e)    Read all the instructions on the answer booklet.

SECTION A.
*1. Victorino Pepe is an American student participating in an exchange program between the
Northwestern University School of Law, Chicago, Illinois Program and the Makerere
University School of Law. He is to .undertake a one-semester research project in various aspects
of the law in Uganda. Since Victorino came to Uganda in late April, he has encountered
numerous challenges on howto conduct meaningful legal_researchjnUganda^His efforts at
seeking help from the.various law libraries in Uganda have also yielded no positive results since
law librarians^ iiTlJganHa are Eot_ lawyers competent m iegaj researches~mne case at 'most
United States of America (USA) law schools, Northwestern LavTinclusiye. Indeed, most law
librarians who have come face-to-face with Victorino in his attempt to conduct legal research in
Uganda fondly refer to him as ‘a confused Mzungu’ aka/Confu’. .However, after consultation
with the course lecturer handling the topic 'Legal Research and Writing’ in the course unit
'Legal_Mslhads’ at the Makerere University SchooLof Law, Victorino has beeri advised that
you are such a brilliant law student and ‘Counsel-in-the-making’ ;who can help hinTOvercome
his frustrations with legaT researchruTTjganda^ Victorino asks-you to help him with the main sources
from where to get basic legal^materials, point out to .him the problems he is likely to meet in
undertaking his pga1 U-esearch project in Uganda and how heTTiSy”overcome thoseproblems so
as to enable him earn the credit points towards his Law Degree in the USA frorrTThs exchange
program in Uganda. Victorino also promises not only to remain eternally grateful to you for y°m-
h
elp but to also pay you a modest fee of $1,000.00 to compensatefor your time and to offer you
all the necessary assistance that you will need should you choose to undertakey;our_g raduate
studies from the USA upon your graduation from Makerere University itf1anuarv 2017. In a
detailed and well-reasoned memorandum, respond to the request by Victormo! Vr.v-^—

2. Inter:

The public perception oflawyers in Uganda is that lawyers are elitist, greedy and not pro-justice.

In your view, what can lawyers do so as to improve on the image of the legal profession m

Uganda.

Or:

“There is a saying that a ‘disease that will kill a man starts as an appetite.’ The appetite for
increased staff allowances in this. University is growing at rocket speed and we think the University
officials should take heed.;.*. Professional excellence has dropped in this ^r^raty. There are no
seminars, public addresses or debates yet we have full-time professors in plenty-

They are only seen in public when they are agitating for living wages.” Per Makerere Student
Guild Memo to the Turyagenda Committee, adapted from MAHMOOD MAMDANI,
SCHOLARS IN THE MARKETPLACE: THE DILEMMAS OF.NEO-LIBERAL REFORM AT
MAKERERE UNIVERSITY, 1989-2005, FOUNTAIN PUBLISHERS, KAMPALA (2007) AT
108. Assess the above statement based On your knowledge of the xiralleirges-posedHby
fiberalizatkm -of legal education in Uganda. In your answer, make specific reference to the
interventions by Makerere University and other stakeholders to address the concerns raised by
the Makerere Student Guild for the period 2000 to 2013V :
Kv '•

SECTIONB.    ."f:    -    .

3. “I have found it necessary to reproduce article 137 in whole and refer to the Judicature Statute.
Rules and Directions because of a tendency in the legal profession amongst some lawyers
to select one or two subsections or sections of a law dr a clause or two of articles in the
Constitution and then reach legal conclusions upon them. quite Oblivious to the implications or
consequences of other provisions or laws.” Hon. Justice G.W. Kanyeihambwa in Attorney
General v. Major General David Tinyefuza Constitutional Appeal No. 1 of 1997 (Supreme
Court). Discuss this statement clearly demonstrating the considerations you would take into
account and tire justifications for the same in arriving at particular conclusions in any matter
before you if you were a Judge of the High-Court of Uganda.

4. (a) “One may often accord respect to a precedent not by embracing it with a frozen logic
but by drawing from its thought the elements of a new pattern of decision” Lon L. Fuller,
Anatomy of the Law (151) (1968) in Byran A. Gamer (Ed) (2009) Black’s Law Dictionary
(West) at 129.5. Discuss the above statement demonstrating the continued relevance (if any) of
the doctrine of precedent in the practice of law in Uganda.    ..

(b) Write shOrf notes on the following:

(i)    Obiter dictum.    ,

(ii) Resjudicata.    , 4 yf*

(iii) Reasoning.by analbgy-

(iv)    Distinguishing cases;;

' •>!

(v)    Logic.

SECTION C.    -    . ,    .    .    ....

5. “The days have long passed when courts adopted a strict construc'tkmjsmJew ol
mmipw'nioon which required them to adopt the literal .meaning of|jthc language. The courts now
a
dopt_a purposive,approach which seekstcTgive effect to the true purposeof togMahpa^^ are
prepared to-look at much external. materia^ that^hears upon [hfi_ba-dsgASnd agajnit which
dretegMatioii was enacted.” Per I GriffUhfin Pepper cVSTlTart [1993] AC 593 Discuss the
abcVe statement.

6. Discuss the major textual (internal) and nontextual (external aMs to sdatoto™
mteiprmahorn explaining how they are applied by the courts in construction and mUrprcUihon ° f
Aatokw.
End.

■ ?L. v

• c-

■«> :•

-*

MAKERERE UNIVERSITY SCHOOLOFLAW

UNIVERSITY EXAMINATIONS

‘“ ACADEMIC YEAR2011/2012-SEMESTER II

FIRSTYEAR EXAMINATION FORTHE DEGREE OF BACHELOR

OF LAWS (LL B)

L1206-LEGAL METHODS

DATE: Wednesday, May 9, 2012__Time: 9:00 a.m. - 12:30 p.m.

Instructions:

1.    This is a CLOSED BOOK examination. No materials are allowed into the

examinationfoom.

2.    Candidates must answer only FOUR questions. You must answer at least

ONE (I) Question from EACH SECTION.

3.    Question ONE is COMPULSORY.

4.    All Questions carry equal marks.

5: Use only ONE ANSWER BOOKLET of 16pages.

6.    Clarity of argument, proper use of authorities and innate intelligence will

attract extra marks.

7.    When the invigilator announces that time has expired, candidates MUST

STOP writing immediately.

8.    Read all the instructions on the answer booklet.

SECTION A

*Ouestion One:

(a)    What is plagiarism? (2 marks)

(b)    Why is plagiarism considered to be .the worst offence in the academia, attracting the most
severe punishment for scholars, and at academic institutions the world over? (4 marks)

(c)    State four (4) main causes of plagiarism committed by students at Makerere University. (4
marks)

(d)    How may plagiarism affect you as a student at the University and later in your

career as a lawyer? (7 marks)    *

—(e)    As_a student how best can you avoid allegations of plagiarism in your

submitted essays or dissertatiorTat theTJntvefsiTy?(4 marks) ——---—_

(f)    What is the distinction between a list of references and a bibliography? (4

marks)

Question Two:

Either:

“Propriety and the appearance of propriety are essential to the performance of all the activities of
a Judicial Officer. A Judicial Officer shall avoid impropriety and the appearance of impropriety
in all judicial and personal activities.” Per Saidah Nakilimd, a Year One student atMakerere
University School of Law.

Critically examine the above statement based on your knowledge of Judicial

Conduct in Uganda. Illustrate your answer with vivid examples. (25 marks)
i- i

Or:

“We claim to be knowledgeable because we Ijave accessed Western education. But we have
failed, or deliberately refused, to use our knowledge to solve our problems. Ultimately, we have
allowed mediocrity to flourish...A degree is intrinsic. It is not just a transcript or a certificate...If
Makerere, which chums out professionals of all kinds, is promoting mediocrity, why should we
be surprised that we have mediocre lawyers,. .'.Makerere can only build for the future by
embracing integrity and leading by example.” Per Vicent Nuwagaba, Makerere shouldn't be
producing mediocre  graduates, THE OBSERVER, Friday, April 20 - 22,2012 at 8.

Critically examine the above statement based on your understanding of Legal Education in
Uganda. In your answer, make specific reference to both the legal and policy reforms that have
been introduced by Makerere University and other stakeholders to address the concerns raised by
Mr. Nuwagaba for the period 1995 to 2012. (25 marks)

SECTIONS

Question Three:    “

~ ■■■ — •- ~ "

“...The court acts according to the rules of reason, justice and law, within the limits and the
objects intended by the particular legislation. Judicial discretion is not private opinion, humour,
arbitrariness, capriciousness or vague and fanciful considerations.” R V Board of Education
[1990] 2 KB 16$ in Sam Kuteesa and 2 Others v. Attorney General [Constitutional Reference 54
of 2011].

Discuss this statement clearly demonstrating the different considerations made by legal
practitioners in making their arguments in Court to support their respective cases. (25 marks)

Question Four:

(a) Compare and contrast the doctrine of precedent and res judicata. (10 marks)

(bA    DiscussWilliam-Bumett Harvey’s rules for finding the principle of law as set

by Court in any particular decided case'clearly demonstrating their continued applicability in the
study of Legal Methods in Uganda. (15 marks).

SECTION C

Question Five:
Examine the Rule in Heydon’s case (1584) 3 Co. Rep 7a, 7b showing practical challenges to its
application in contemporary Uganda. (25 marks)

QuestjQn Six :

“The distinction between the Literal Rule and the Golden Rule in Statutory Interpretation is
negligible.” Per Joan Nahuuma, a Year One Law student at Makerere University School of
Law.

With the aid of relevant authorities, discuss the accuracy of the above statement.

Q>uesUon_Seve_n:    ' *

Write short notes on the following:

(a)    Primary sources of law (10 marks);

(b)    Judges as law makers (8 marks);

(c)    The
distinction between documents and deeds (7 marks).

GOOD LUCK-

MAKERERE UNIVERSITY SCHOOL OF LAW

UNIVERSITY EXAMINATIONS ACADEMIC YEAR 2010/11 - SEMESTER H

FIRST YEAR EXAMINATION FOR THE DEGREE OF BACHELOR OF

LAWS (LL B)

L1206 - LEGAL METHODS

DATE: Thursday, May 26, 2011___TIME: 9:00 a.m.-12:30 p.m.

Instructions:

1.    This is a CLOSED BOOK examination. No materials are allowed into the examination

room.

2.    Candidates must answer only FOUR questions. You must answer two (2) questions from
each section.

3.    All questions carry equal marks.

4.    Use only ONE ANSWER BOOKLET of 16 pages.

5.    Clarity of argument, proper use of authorities and innate intelligence will attract extra marks.

6.    When the invigilator announces that the time has expired, candidates MUST STOP writing
immediately.

SECTION A

Question No. 1

(a)    What do you understand by the doctrine of stare decisis? What is its relevance in Uganda’s
legal system?

(b)    “Before we take leave of this petition we wish to draw the attention ... to the decision of
this court in ... Joseph Tumushabe v. Attorney General where it was decided per incuriam ....
We hold ... that the case was wrongly decided”

(per Mukasa-Kikonyogo, DCJ in Uganda Law Society v. Attorney General, Const. Petition No.
18/2005, atpp. 46-7)

In light of decided cases, under which circumstances can a decision be held to have been
rendered per incuriam?

Question No.-2—

“A statute or deed must be interpreted bearing in mind the intention of the legislature or the
parties as reflected in the natural and ordinary meaning of the words used in the text, although
there are instances in which a court will of necessity examine the context in which the provisions
or terms are used” (per LLBI student).

In light of the above statement, identify and explain the relevance of the key aspects of textual
and contextual interpretation.

estion No. 3

Briefly explain what is meant by the following rules and examine their relevance in statutory
interpretation:    :

'    • f r '•

t.

(a)    Literal rule.

(b)    Golden rule.    3 4 5 6 7 8 9 10    ~A

(c)    Mischief rule,

(d)    Ejusidem generis rule.

I Question No. 4

(a) ■ Examine the relevance of any three of the following internal aids in. the interpretation
of statutes-

(i)AShort and long titles.    ~

(iif' Section headings. * port

(iii)e .Interpretation clauses.

(iv " Marginal notes,p w VlWj*

(v) Provisos.

QSy

Qf what relevance is a dictionary as an external aid in the interpretation of statutes? w    I    .

SECTIONB

,t    ;

Question No. 5

(ix) f? An Act of Parliament enacted in 2005.

_(x) _ A Supreme Court decision made in 1998. w A Constitutional Court decision made in
April 2011.

b) What are the main challenges that you are likely to encounter in the course of your research
for (a) above? How may you overcome the above challenges?

Question No. 6

JPw
y
.‘Legal education and training in Uganda is in dire need of reform. The future of law ’’ students
in Uganda looks bleak: Surely, doom awaits us.” Per Marvo Ikondere, a Year One student at
Makerere University School of Law.

Assess the veracity of the above statement.

°v 4

x/    A</.    .    .

^All in all, the’most important role of a lawyer in contemporary Uganda is to

transform his or her society. Indeed, immediately I graduate from my course in early

2014, my preoccupation shall be to transform my motherland - Uganda - into a

modem society.” Per Omulongo Denise Babirye, a Year Oneat Makerere

University School of Law.    AN

Critically examine the above statement based on your knowledge of the relevancy of lawyers in
transformation of society. Illustrate your answer with vivid examples.

GOOD LUCK

MAKERERE UNIVERSITY UNIVERSITY EXAMINATIONS

FIRST YEAR EXAMINATIONS FOR THE DEGREE OF BACHELOR OF LAWS

ACADEMIC YEAR, 2009/2010 - SEMESTER H

L1206 - LEGAL METHODS

DATE: WEDNESDAY, MAY 19,2010    TIME: 2:00-5:30 P.M.

INSTRUCTIONS:

(a)    This is a CLOSED-BOOK examination.. No materials of whatever form are permitted

in the examination room.

(b)    Answer any FOUR (4) questions. All question carry equal marks.

(c)    Answers to all the four questions should be written in ONE (1> 16_pagy

ANSWERBOOKLET.
(d)    Answers that are clearly thought-out, well structured, and authoritatively supported
will earn higher marks will be earned for 11 12

The following statute was enacted in March 2010 and it came into force on April 13, 2010 by
virtue of The Child’s Right to Nurse Act (Commencement) Instrument, 2010.

The Child’s Right to Nurse Act

An Act to provide for the right of a child to nurse; a mother’s freedom to breastfeed her child in
public or private; the exemption of the act of breastfeeding from the offence of public indecency;
restrictions on regulations by local governments; and to provide for related matters.

BE IT ENACTED BY PARL1AMENT-

Short title    . ; *    |

1. This Act shall be cited as the Child’s Right to Nurse Act.

Date of commencement

2 This Act shall commence on the date designated by the Minister in a statutory instrument.    . |

Interpretation

3.    Unless the context otherwise requires-

(a)    “Minister” refers to the Minister in charge of Gender, Labour

and Social Development;

(b)    “public” refers to such-places as stated in the First Schedule;

(c) ' “Currency point” is as stipulated in the Second Schedule.

('hie ■ A:; ':    :    ■

4.    Breastfeeding is an important, basic act of .nurturing that is. protected in the interests of
maternal and child health. •

-    " ’    \    ’ 11 i    '*    1 if' ’    T _* * ■ __ -    ,.'t V ._*••*    '    ' ’ ;rt- . t I ( 4    .    *

Breastfeeding a child in public or private locations

5.    A mother may breastfeed her child in any location, public or private, where the mother is
otherwise authorized to be present.

inapplicability of provisions on indecent conduct

6.    The provisions in the Penal Code Act or any other statute that provide for indecent or
immoral conduct or similar terms shall not include the act of a mother breast-feeding a child in a
public or private location where the mother and child are otherwise authorized to be.

Regulations by local governments' |

7.    No local government shall enafcl bye-laws or regulations that prohibits or restricts a mother
breast-feeding a child in a public or private location where the mother and child are otherwise
authorized to be.

Offences

8.    Any person who stops, intimidates or perfonns such related act that interferes with a child’s
right to nurse commits an offence and shall on conviction be liable to a term of imprisonment not
exceeding three months or a fine in the sum of twenty currency points.

First Schedule

For purposes of section 3(b), a “public place” shall include-

(i) Public transport including,but not limited to, buses and taxis.

(ii) Any enclosed area open to the general public including, but not limited to, supermarkets,
shopping malls, theaters, auditoriums, lobbies, restaurants and eating-houses, banks, public
restrooms. private and public educational facilities, common areas of residential buildings.

Second Schedule

A currency point is equivalent to Uganda shillings twenty thousand.

(a)    Identify the internal aids and explain their relevance in interpretation of the Act. (15 marks)

(b)    During the prosecution of one Mbwa Kali before a Chief Magistrates’ Court tor an offence
under the Act, a contention arose with regards the interpretation of the word ‘public’ in the Act,
and submissions were made by both State Attorney and counsel for the accused on reliance by
the Court on:

(i)    The Oxford Advanced Learner’s Dictionary,

(ii)    Parliamentary Hansard of January 21, 2010 comprising of the debate on the Act.
Prepare a brief for the trial magistrate, explaining the relevance of these external aids in statutory
interpretation. (10 marks)

4.    In light of your understanding of textual and contextual interpretation, explain their

relevance in statutory interpretation.(25 marks)

5.    Explain and discuss the following rules of statutory interpretation:

(a)    Literal rule (6 marks)

(b)    Golden rule (6 marks)

(c)    Mischief rule (7 marks)

(d)    Ejusidem generic rule (6 marks)

6.    Examine the content and scope of the following presumptions in statutory

S
   interpretation:

(a)    Presumption as to mens rea in penal statutes (9 marks)

(b)    Presumption against retrospective application of statutes (8 marks)

(c)    Presumption against restriction of vested interests (8 marks).

7.    As a first year law student, identify the legal sources you have accessed in the study of law
and in legal research, highlighting the problems or difficulties you have faced in doing so during
the course of the academic year. (25 marks) 13

MAKERERE UNIVERSITY UNIVERSITY EXAMINATIONS

FIRST YEAR EXAMINATIONSJQRTHENEGREEX)R6AOHELQR45E-LAW8ILLS)—

ACADEMIC YEAR, 2008/2009 - SEMESTER II

L1206 - LEGAL METHODS

DATE: TUESDAY, MAY 19, 2009    TIME: 2:00-5:30 P.M.

INSTRUCTIONS: (a)

No materials of whatever form are permitted in

This is a CLOSED BOOK examination. the examination room.

(b) Answer FOUR (4) questions, including Question No. 1 (marked with an asterisk (*))_,
which is COMPULSORY. All questions carry equal marks.

(c)    Answers to all four questions should be written in ONE 16_page ANSWER
BOOKLET.

(d) Answers that are clearly thought-out, well-written, structured and supported with
references will earn higher marks.    In the event that you make reasonable suppositions in
your answers, do clearly indicate that you are doing so.

In light of your understanding of the doctrines of stare decisis, judicial precedent and per
incuriam. appraise their application in the deedsions of the ConstitutronafCourTand the Supreme
Court in Uganda Law Society v. Attorney General] Constitutional Petition No. 18/2005 and
Attorney General v. Uganda Law Society, Constitutional Appeal No.

1 /2006 respectively.    , .

rS>

The Urinating in Public £ Other Nuisances Act. No. 99 of 2008 was assented to by.the President
on November 20, 2008 and its commencement date is December 4, 2008 - The Act provides in its
longjtitlejhat it is “provide for measures to criminalise and punish persons whoengagejn
urinating in public~and commission of othej public nuisances, the creatiorTof public awareness
to iuch nuisances, and for other related matters”. The following are the material aspects of the
Act-

11) The Act is to be cited as the Urinating in Public & Other Nuisances Act, 2008 (section 1:
ShorLXitle).

(2)    The meaning of the words "public”, “public nuisances”, “local government”,

•    “agencies” are provided (section 2: Interpretatio'

(3)    The local governments are, in collaboration with other agencies, to promote public
awareness campaigns in the mass media on urinating in public and other nuisances (section 3:
Public awareness).

• (4)    The local governments‘shall have powers to. make laws for measures to curb the

commission of other nuisances (section 4: Local governments to make laws).

(5)    .Persons who urinate in public or commit other public nuisance commit an

offence and are liable, on conviction, to fines of not less than one currency point and not more
than six currency points (section 5: Offences).
The sections are preceded by headings (as stated in brackets above, e.g. section 5: Offences)-
There are references in section 2 (interpretation) and section 5 (offences)

\\sr\Q3

to Schedules I, II and III which provide for “public places”, “other nuisances” and “currency
point” respectively.

{a)— fdentifyThe4ntetnalAids-and explain their-relevancein theinterpretatiort.af_the_. ^

Act.

(b)    In the event that recourse is sought to be made to the following external aids,

explain their relevance in statutory interpretation-

(i)    A dictionary.

(ii)    Report of the Commission on Public Nuisances chaired by Dr. Anton Kiseeka-Ntale (the
Kiseeka-Ntale Commission Report).

(iii)    Parliamentary Hansard on the debate on the Urinating in Public & Other

Nuisances Bill 2008.    -    A*    '

Explain and discuss the following rules of statutory interpretation-    ^

(a)    Literal rate— A£STS^^^ >    OM=^^

(c)

(d)
(b)
   Ms    '

Misch!ef rule A
E
jusidem generis ;......    .    , A , _    .A - .

Examine the content and scope of the following presumptions in statutory interpretation-

(a)    presumption as to means rea in criminal statutes.

(b)    Presumption against restrospective application of statutes.

(c)    Presumption against restriction of vested rights.

“... Lawyers do not know much more law than other people, but they-know better where to
find.it” (per GlanviUe Williams)

In light of the above statement, explain the legal sources available to a law student in
undertaking legal research in Uganda, highlighting any problems or difficulties that may be
encountered in doing so.- cs^us LPCAJ-* V

\UvvctU(

Akyali Mbonko, Esq is reknown for his lawyering skills and entering appearances in social;
“happenings" about town. Two months ago, in March, to boost legal work at his sole-partner law
practice, he engaged AdVert Uganda to place flashy bill boards prominently at Kisenyi, Kibuye
and KivululhaDstate/"ReasonabTeUoubt for a reasonablejeelTome fo'AM Advocates, your
leading criminal law firm in East Africa”■ On the party scene,, Akyali Mbonko distributes his
business cards as. well as a 5-page profile for the law practice to more upscale clientele, listing
AM Advocates as a leading land conveyancing practice. The petty criminals from the slums have
been flocking AM Advocates as have the land speculators. Business is booming as AM
Advocates charges Shs. 2m/= per successful acquittal for a misdemeanour and Shs. 50 m/= for a
felony and Shs. 20m/= per concluded land deal over Shs: iOOm/=. On May 1, 2009, to celebrate
Labour Day, Akyali Mbonko opened "The Defence Rests Bar & Lodging", a drinking-cum-
° a n joint, at Bwaise. Although the joint attracts revellers interested in the English
s ci lisi g 

Premier League and popular soaps such as 24, Second Chance, Prison Break, it is also
frequented by prostitutes and has a lucrative marijuana business going on. On Saturdays,
Akyali Mbonko personally tends the bar.

The Uganda Law Society is concerned about the ethical issues raised by Akyali Mbonko’s
activities in the recent past. Theconcem is heightened by rumours that Akyali
Mbonko misrepresents issues to clients and is not accounting for or remitting all monies due
to clients. Advise.    ■    .

cr

MAKERERE UNIVERSITY _________ .__

"    ~    FACULTY OF LAW

END OF SEMESTER H (2006/7) EXAMINATION LEGAL METHODS (L.1201)

Date: 18th June 2007 Time: 2 P.M-5,30 P.M.

Instructions:

(a)    This is a CLOSED BOOK examination,

(b)    Attempt FOUR questions; answering two from each section.

(c)    You are entitled to only ONE Answer Booklet,

(d)    Answers must be clearly thought out and supported by relevant authorities,

(e)    Read all the instructions on the answer booklet.

Section A

1.    You are a student intern at Kunya and Co Advocates and the following facts are presented

to you;

Mr. Kintu a farmer in Kamuli district has a land dispute with his neighbor one Kalisa. Kalisa
encroached onto Kintu’s land and refused to vacate. Kintu then sought assistance from the
‘village lawyer’ one Matovu a fourth year law student at Namasagali University. Matovu
consequently prepared the requisite documentation and filed a suit in the High Court. At the
hearing, no sooner had Matovu realized that defence Counsel was his lecturer, than he
disappeared not to be seen again. Kintu disappointed by his “Counsel” contacted Kunya and Co
Advocates for assistance.

Prepare a legal memorandum to your Senior Partner advising her on all the identified issues
discussing the pre-requisites one must fulfill before they can appear as Advocates in Courts of
Law in Uganda. (25 marks)

2.    “George III is reputed to have said that lawyers do not know much more law than other

people, but they know better where to find it.”    Glanville Williams (2002) at 206.

Discuss this statement in relation to the legal sources necessary for lawyers during their research.
(25 marks)

3. “Many occupations some new, some old, are endeavoring to change their manner of work,

their relations to clients and public and .the image which they have of themselves and others of
them, that they will merit and be granted professional standing.” Makubuya at 606. Discuss this
statement in relation to the professional standards required of Advocates in Uganda particularly
highlighting the likely consequences of defaulting on any of them. (25 marks)

4. While inspecting law firms for possible approval, Members of the Law Council come across a
billboard flashing as follows: “Life is short, get a divorce now! Come to Ssekamate and Co
Advocates, The Leading divorce law firm in East Africa. We have

succcssfullyhandled the following-cases: 5hamiia v.Richard, Winifred v. tuuta, Tony v. Camilla

among others.” The members further discover that the firm always misrepresents legal issues to
its clients, charges U.S. $ 100,000 per concluded case, and are always seen visiting the bank with
Opposing Counsel the day before hearing starts. When summoned by the Law Council, the
lawyers refuse and claim they are only answerabtetotot Ragistm of toe Courts of Judicature.

Advise the Law Council on the issues involved therein and the possible action that can be taken
against Ssekamate and Co Advocates. (25 marks)

Section B

5. (a) The Doctrine of Precedent no longer serves any useful purpose. Discuss (15 marks)

(b) “My Lord, it is settled law that the presumption against retrospective legislation admits no
exception whatsoever. It is also the law that a preamble to an Act cannot be invoked as an aid to
statutory interpretation.” Comment (10 marks)

6.    (a) What do you understand by the Mischief Rule in Statutory Interpretation./\ marks)

(b)    What is the difference between the Mischief Rule and the Literal Rule. (10 marks)

(c)    What is the relationship between the Mischief Rule and the United Contextual Approach to
statutory interpretation? (8 marks)

7.    Discuss and resolve the legal issues raised in the following extract from the judgment of His
Lordship Justice Ssegona Mpanga (Judge of the High Court of Uganda) in the case of
Ssekamate v. Nangcnc..

“The House of Lords decision in Jordan v. Bright (1892) 1 ALL ER 2 is not binding on this
Court. From the time Uganda attained its independence, judgments from foreign jurisdictions
ceased to have any legal significance to our courts. As regards the latter two decisions cited by
both counsel on this matter, I find the decision of my learned brother (Justice Nsimbi of High
Court) in Nsubuga v. Masanku to be more binding on me than that of the Court of Appeal in
Kimera v. Kifudde. In particular I want to emphasize that the Court of Appeal misdirected its
self as to the position of the law when it failed to consider the Supreme Court decision in
Sempala v. Tayebwa on grounds that that decision was distinguishable. Decisions of the
Supreme Court as the most superior court of record in the land are binding and nothing like
distinguishing arise? at that level. In the same spirit, section 18 of the CiviLProcedure Act cited
by counsel for the plaintiff can not over ride a decision of the Supreme Court. I am not bound by
the Supreme Court decision in Kyambadde v. Kyeyambudde because court in that case erred in
law when it failed to consider its earlier decision on the matter in Sekizivu v. Lvtalo. For those
reasons, I dismiss this case and order that counsel for the plaintiff pays costs of this suit
personally. He should have been more diligent in preparing for the case and advising his client”
(25 Marks)

MAKEKERB UNIVERSITY

FACULTYOFLAW
 SECOND SEMESTER EXAMINATIONS LEGALMETHODS

DATE: 29TH MAY 2006    TIME: 2.00PM-5.30PM

INSTRUCTIONS.

•    This is a closed book examination.

•    Students mustanswerfourquestions two questions fromeach section.

•    The answershould notexceed one Answerbookletof 16 pages.

•    The use of mobile phones in the examination is prohibited.

SECTION A* (ANSWERTWOQUESTIONS.)

1.    “There is no such a thing, as judge made law. The fact is and will always remain that

judges do not make law. Legislative powers are vested in Parliament and Parliament alone has
the power to make law” Per Musajjaalumbwa LLB I Student, Mukono University. Discuss    (25
Marks).

2.    Discuss the use of external aids in the interpretation of statutes.    (25 Marks)

3.    EITHER

“Whereas the doctrine of precedent works well for the developed countries, in the developing
world it creates more injustice than justice’. Discuss this statement analyzing the role of
precedent in the administration of Justice in Uganda

(25 Marks).

OR

Discuss and resolve the legal issues raised by the following extract from the judgment of Lady
Justice Bahizj Sylvia (Judge of the High Court of Uganda) in the case of Bampalana v.
Banipalampa.

“The House of Lords Decision in James Jordan v. Brenda Bright (1892) 1 ALL ER2 is not
binding on this Court. From the time Uganda attained its independence, judgments from foreign
jurisdictions ceased to have any legal significance to our courts. As regards the latter two
decisions cited by both counsel on this matter, I find the decision of my learned brother (Justice
Luyimbazi of High Court) in Bagaya v. Baseka to be more binding on me than that of the Court
of Appeal in Olilaha v. Kale. In particular I want to emphasize that the Court of
Appeal misdirected its self as to the position of the law when it failed to consider the Supreme
Court decision in Sekimpi v. Sekiwanvu on grounds that that decision was distinguishable.
Decisions of the Supreme Court as the superior court of record

in the land are binding and nothing like distinguishing arises atthat level. In the same spirit, s.4 of
the Land Act cited by counsel for the plaintiff cannot over ride a decision of the Supreme Court.
I am not bound bythe Supreme Court decision in -Kyambadde v. Kyeyambudde because court in
that case erred inTaw whenit failed to consider its earlier decision on the matter in Wandiga v.
Wambwa. For those reasons, I dismiss this case and order that counsel for the plaintiff pays
costs of this suit personally. He should have been more diligent in preparing for the case and
advising his client”    (25 Marks).

SECTION B.    (ANSWERTWO QUESTIONS.)

4.    (a) What is the difference (if any) between ratio decidendi and obiter dicta} What is meant

by stare decisis!    (13 Marks).

b) Simon Mulyagonjja (Esq.) a lawyer with Volatile Legal Associates has rccendy bought a flat
from his bedridden client Kirimuntu at a cost 20 times lower than the market rate. He intends to
shift most of his businesses including his chambers to this newly acquired property. In fact he
has alreadystarted a brothel for “babes” from Kigali and has started getting many clients. He has
also relocated his bar (Mulyagonjja Twesnywele Pub) from its former premises in Wandegeya to
these premises. He personally runs the baron weekends.

Mulyagonjja was recendy convicted by Buganda Rd Chief Magistrates Court of the offence of
failure to wear a seat belt while driving. He served-a. prison sentence of one week. His defence
of self confessed criminals especially the murderers and rapists is raising a lot of uneasiness in
the legal fraternity. In fact there is suspicion that he could himself be involved in such crimes. It
is inconceivable that a lawyer of his standing defends such criminals in courts of law.    *    "

Discuss the ethical issues raised bythe above facts.    (12 Marks)

CT

5.    a) Write short notes on the following:

a)    The golden rule of statutory interpretation.

b)    The short and long tide as aids to construction

c)    The presumption against retrospective effect.

(ISmtrks)

b) Examine the major causes of ambiguities in statutes and documents.

(10 Marks)

6.    Discuss the rules governing the interpretation of deeds in Uganda.

(25 Marks)

MAKERERE UNIVERSITY

SCHOOL OF LAW

END OF SEMESTER II EXAMINATIONS, 2016 ADMINISTRATIVE LAW L.1207

DATE: 25m MAY ,2016    Time: 9.00 AM-12.30 PM

INSTRUCTIONS

1.    This is a closed book examination. Students are not allowed to bring any reading materials
in the examination room.

2.    Candidates shall attempt a total of FOUR questions; At least ONE questions from each
section.

3.    Question THREE is COMPULSORY.

4.    Each question carries 25 marks.

5.    Your answers should succinctly be written in ONE BOOKLET.

6.    Answers supported by the relevant authorities shall earn you more credit Ensure neat work
and legible handwriting.

SECTION A

QUESTION 1

"As the new district council you must beware that the powers of a district council to pass laws
are not absolute; it is subject to control by the courts and the court can declare any law you pass a
nullity.” Remarks by the Principal Judge while addressing the newly elected Abim district
Council.

In an authoritative essay, discuss the circumstances under which a court will exercise the
measures stated by the principal judge.

QUESTION 2
As an administrative law expert, you have been invited to make a presentation to the newly
elected Members of Parliament (MPs) on the importance of the constitutional framework of
administrative law in Uganda.

Write a comprehensive legal brief that you will present to the MPs.

SECTION B

QUESTION 3: (COMPULSORY)

Under the Electricity Act Cap 145, the Minister of Energy has powers to issue licences for the
Electricity generation as she deems fit. The Minister recently received some applications for
issue of licences. She declined to handle them personally on the ground that she was too busy
with celebrating National Resistance Movement's (NRM) victory over the recently concluded
presidential petition. She accordingly directed the Permanent Secretary, who then instructed the
Procurement Officer to handle these applications.

In exercise of that delegated power, the Procurement Officer made decisions in respect of the
applications. He declined to consider the application of Tokabarabara Energy Ltd because
according to him it was too ambitious. He also indicated that Tokabarabara Energy Ltd had close
connections with Democratic Republic of Congo that is funding the rebel group causing
hostilities in South Western Uganda. He also was of the view that its foreign ownership was
contrary to national policy of promoting Ugandan business. The Procurement Officer threw
away the applications which are now lost within the ministry offices.

The Country Representative of Tokabarara Energy Ltd has tried to seek audience with the
Minister but has not succeeded. The Minister has said that her hands are tied because she gave
away her statutory powers. She now says that she cannot interfere with the final decision of the
Procurement Officer. The Country Representative is extremely disgusted and has vowed to use
all his powers to ensure that the said Minister is scrutinised by the 10th Parliament and not
reappointed by the President. Part VIII of the Electricity Act further establishes an electricity
dispute tribunal.

As a legal intern with the Attorney General's office, write a legal memorandum

a.    Discuss all the relevant legal issues arising from the facts. (15 marks)

b.    Advice the Minister on the appropriateness of her actions and Tokabarabara Energy Ltd on
the most appropriate administrative action. (10 marks)

(25 Marks)

QUESTION 4

Using relevant authorities and examples explain the establishment and mandate of the following
administrative authorities in promoting good governance in public institutions in Uganda
a.    The Uganda Human Rights Commission (12.5 marks)

b.    Public Service Commission (12.5 marks)

QUESTION 5

A.    Discuss the significance of the following decisions to the development of administrative

law.

i.    Kasozi Robinson & Ors V Attorney General Constitutional Petition [No. 40 of 2010]

ii.    Kwizera Eddie V Attorney General Constitutional Petition [No. 14 of 2015]

(15 marks)

B.    "Public Commissions of Inquiry are a drain upon our meager resources and hence we are
probably better off doing without them in our country." Per LLB 1 student.

Do you agree? Using relevant examples, give reasons for your answer.

( 10 marks)

SECTION C

QUESTION &

"...the governing principle is proportionality of the type and scale of consultation to the potential
impacts of the proposal decision being taken, and thought should be given to achieving real
engagement rather than following beauacratic process."

As per the United Kingdom Cabinet Office Principles, 2015.

With the aid of relevant authorities, discuss the above statement. (25 Marks)

QUESTION g:

Mrs. JoByKamugume is a renowned Educationist who has about 25 years of experience in

teaching and school administration. She has been saving for many years and is now is the
process of setting up a private school that she will run and manage as she goes into retirement.
She has come to you for advise as a student of Administrative law on the Administrative
Processes she may have to go through to achieve her goals.
Kindly advise her, clearly pointing out the relevant stakeholders in the process and the
importance of each of the processes that you recommend to her.    (25 Marks)

GOOD LUCK

1MAKERERE UNIVERSITY

SCHOOL OF LAW

EXAMINATIONS FOR DEGREE OF BACHELOR OF LAWS SECOND SEMESTER

2014/15 ACADEMIC YEAR L1207 ADMINISTRATIVE LAW Date 27th May 2015    Time
9.00 am -12.30 pm

Instructions.

Answer four questions.

Questions one is compulsory’

QUERSTION 1    COMPULSORY

Abdu is a Finance Officer who works in Maka District of Western Uganda. He is responsible for
advancing funds for various purchases. Recently, the Chairman of the District
Service Commission asked him to release funds for purchase of office furniture. Abdu responded
by contracting the Chief Administrative Office (CAO) who declined to sanction the
purchase. The CAO cited statutory procedures that have to be followed. He directed Abdu to
explain the situation to the Chairperson.

Abdu was not sure of the procedure but nevertheless informed the chairperson that his request
could not be met during this financial year. The Chairman was furious and vowed to use
this office to achieve what he wanted. The Chairman directed the Secretary to the District
Service Commission not to process the pending requests regarding Abdu's confirmation.
The Chairman further directed that the CAO cautions Abdu about not respecting orders
from above. The chairman boasted that the boss is always right.

Abdu is disturbed by these developments and is not sure of his continuing in the service.

a)    Advise Abdu on the financial and procurement procedures that he should explain to indicate
that the purchase of furniture cannot be completed this current financial year.

b)    Explain to the Chairman on the grounds and procedure that must be invoked to discipline a
District Officer.

c)    Advise Abdu on the options available if he is mistreated by District authorities.

QUESTION 2

* A. With reference to statutory provisions in Uganda law, discuss the justifications and
procedures in delegation of powers.

B. Discuss judicial and statutory controls over delegated powers.

QUESTION 3

/ A. Evaluate the effectiveness of the objectives Administrative Law in the control of

Administrative powers.

B. Discuss the content of regulatory law that should be used to control the practice of Traditional
Medicine.

QUESTION 4

Explain the relevance of any two of the following principles of constitutionalism to

Administrative Law.

a)    Rule of law

b) Doctrine of Separation of powers

c)    Ministerial Responsibility

QUESTION 5

Discuss the statutory setup and relevance the following in the administrative processes of
government.

a)    Any Administrative tribunal of your choice

b)    Any public corporation of your choice

QUESTION 6

Discuss the functions of the police force and the legal controls that ensure that the police remains
a subject of administrative law. K

MAKERERE UNIVERSITY SCHOOL OF LAW

SEMESTER II2014/2015 EXAMINATIONS ADMINISTRATIVE LAW - L1207

Date: Tuesday 27th May, 2014    Time: 9.00 a.m.-12.30 p.m.

Instructions:

i)    Answer four questions.

ii)    Question No. 1 is compulsory.

iii)    Choose any other question from Section A.

iv)    Choose two questions from Section B.

v)    Use only one answer booklet of 16 pages.

vi)    This is a closed book examination.

vii)    Read all instructions on answer book before you start.

SECTION A

QUESTION 1

Jane Kugonza a newly appointed Chief Administrative Officer of Kolo District has inherited a

lot of problems and she comes to you for advice on the following issues:

i)    She found that at the time she took over her office, her predecessor had under the

instructions of the District.Chairperson dismissed the Purchasing Officer on allegations that he

had been bribed to influence the award of a construction tender. Apparently, the District Service
Commission had hurriedly endorsed the decision. The Purchasing Officer wants a settlement
based on the applicable laws. Write a comprehensive brief on the available legal options.    (5
Marks)

ii)    The District recently got a grant of 5 billion for budget support from the Irish Government.

Explain how this money can be utilized and the controls that will ensure that the money is not
misused.    (5 Marks)

iii)    Smoking of mira leaves is a menace leading to harmful effects but is good business in the

District. She wants advice on how this issue can be controlled.    (5 Marks)

iv)    She has been advised that delegation of powers is a good practice in public
administration but does not know what to delegate or how to control delegated powers. Advise
her.

£A    (5 Marks)
v)    Public corporations    operate^the    District    but    they    are    not accountable to the
District

. authorities. She does not know the legal    position.    Advise her.    (5 Marks)

QUESTION 2    -

Discuss the factors that promote or negate the development of Administrative Law in Uganda.

(25 Marks)

QUESTION 3

Discuss the post 1995 legal provisions that have influenced the security of tenure in the Public
Service of Uganda.    (25 Marks)

SECTION B

QUESTION 4

As a Legal Researcher in the Solicitor General’s Chambers write a comprehensive brief on the
following:

i)    The establishment, powers and procedures of the Uganda Human Rights Commission.

(10 Marks)

ii)    Explain how the Rule of Law as a tenet of Constitutionalism relates to Administrative Law.

(15 Marks)

QUESTION 5

A.    Explain the mandate of the following administrative authorities in promoting

good governance in public institutions:

i)    Public Accounts Committee (PAC)

ii) Ministers    (15 Marks)

B.    “The absolute application of the doctrine of Separation of Powers is not possible; there must
be an application of checks and balances.” As per LL.B I Student, discuss the relevancy of the
above statement in the control of administrative powers.

(10 Marks)
QUESTION 6

A.    Discuss the relevance of principles of administrative law to public officers in Uganda.

(5 Marks)

B.    “In spite of the existence of the Inspector General of Government (I.G.G.), there seems to

be a general decline in the respect of the rule of law and an increase in the levels of corruption
and other social evils especially in all areas of public administration.” As per LL.B I student, do
you agree? Discuss your position.    (20 Marks)

MAKERERE UNIVERSITY

SCHOOLOFLAW

EXAMINATIONS FOR THE DECREE OF BACHELOR OF LAWS .......

ADMINISTRATIVE LAW - L1207

DATE:    20th MAY, 2013    TIME:    2.00 P.M.-5.30 P.M.

INSTRUCTIONS

a)    This is a closed book examination. No materials, notes, texts, cases, statutes, etc will be
allowed in the examination room.

b)    Answer four questions. Questions No. 1 and 2 are compulsory. In addition, answer any other
two questions.

The Red Pepper, Friday 27 ! April, 2013 carried the following story:

COURT LIFTS BAN ON REFLEXOLOGY CENTRES by Barbara Nassali The Commercial

Court has ordered government to compensate reflexology practitioners for having
closecTtKenTillegally. Justice Geoffrey Kiryabwire, in Kis ruling yesterday, said late Minister
Dr. Stephen Malinga, who was then in charge of Health, was wrong to generally close the
centres without singling cm thnse-that contravened the law. “It was irrational, it was a procedural
error, each centre should have been singled out individually and those that would have been
found to have crossed the line into the medical line should have been criminally charged. They
should not have.been grouped together. Therefore, I.give the-order of quashing the decision of
the late Minister to ban all reflexology centres in Uganda. Since the decision was irrational, the
Ministry should incur costs of this suit”. Justice Kiryabwire ruled. He noted, however, that the
Ministry of Health is free toJakeaction against those centres that-breach theiaw. He agreed with
the reflexology centres’ lawyers, David Sembuya and Isaac Kimaze that the Minister did not
give them a rightof fair hearing-onTheir closure and didjiotjjpintficntres that acted in unlawful
manner. The judge further noted thaFMalinga did not point outunyjuw.yiolated, and that the
centres were registered by then Kampala City Council which gaVe them licenses to operate.
“AcquiringJicenses-frarn KCC?

. .(only, qualifies them as traders. There is no law in Uganda that regulates work of reflexology
centres”, he said. The closure of reflexology centres was announced on March 24, 2011 by
Malinga after a survey that was conducted by the Ministry of Health. The Ministry’s inspection
team,came up with a report which indicated that the centres were acting unlawfully, using
medical tools such as stethoscopes and pressure machines yet they were not medical
professionals. The report further stated that rooms of some of the centres had notices like
‘Doctor’s Room’-yet in actual sense, they were not qualified doctors and were giving false. --
prescriptions to people.“yT    ^

§1

jfe.*.

a>    Discuss the extent to which this report covers the objectives of

Administrative Law.

b)    Write an opinion on what the Minister should have done in order to

regulate reflexology services.

Section 5 of The Medical Equipment Public Procurement Act, 2004 states as follows:

5(1) “The Minister for Health may take such measures as are necessary to procure equipment
required to provide appropriate medical services”.

On the 3rd of January 2013, the Minister for Health, Hon. Odeke, issued Statutory Instrument
Number 1 of 2013 winch provided as follows:

i)    That the Minister shall have powers to delegate his procurement powers.

ii)    That the Minister or any other public official shall not interfere with the way the delegated
powers are exercised.

i)"That the Minister shall not be liable Tor actions or omissions of the company that shall be
mandated to carry out the functions on behalf of the Minister.

iv)    That the provisions of the Instrument shall be observed notwithstanding existence of other
laws on procurement.

v)    That the provision in the main act relating to the Minister not having powers to delegate
these functions shall bfe construed not to.take away the discretions granted to the Minister
vi)    That the actions of the Minister shall not be a subject of contention in any court or tribunal

As a consequence of the Instrument, the Minister 'has now delegated the procurement function to
Mwana Enterprises, a company owned byhis-ln-laws. Mwana Enterprises has evaluated tenders
for the award. One of the bidders (one Kizza), has protested to the Ministecof lack
ofiranspaiencv in the process. The Minister in his reply has indicated that he is bound by the
legal instrument and cannot do anything else to assist Kizza.

Advise Kizza

t on the following issues:

y{ Abdu, an employee of the Doko

a)    The junction powerg gndprocedures of the District Service. Commission- .

b)    The security of tenure pf District staffs

c)    Sources of powers of administrative officers of a local government.

Discuss the relationship between the case of Muwanga Kivumbi Vs-Attorney General 2005 and
the Public Order Management Bill 2011.

Discuss the connection between the Rule of haw-and Administrative Justice.

_    —    N

Outline -and"discuss the establishment; powers—and relevancy-of-any-public corporation of

your choice.    —

MAKERERE UNIVERSITY

FIRST YEAR EXAMINATIONS FOR THE DEGREE OF BACHELOR OF LAWS

ADMINISTRATIVE LAW IL1207

Date: 17th May, 2012    Time: 9.00 a.m.-12.30 p.m.

Instructions

i)    Answer four questions including No. 1.

ii)    Use a maximum of one answer book (16 pages).

iii)    Credit will be given to well argued answers with citation of the relevant statutory and case
law authorities.
1.    Jack, a newh\appointed RDC of Asili District believes that he is the representative

or a delegate President in the District and as such he can exercise presidential powers. He
Maslherefore embarked on his duties with preliminary decisions which inATiide the
following"''”"*'” "’' ' -v; ^

a)    That he will henceforth make appointments in the District Service-since the President has
powers to hire and establish offices in the Public Service.

b)    That the Chief Administrative Officer (CAO) shalrall times seek the RDC’s consent before
any public expenditure is incurred. The CAO shall be responsible to the RDC’s office on all
accountability issues.1

c)    That for purposes of transparency, all executive powers of the District shall be exercised in
conformity with the directives issued by the RDC’s office.

d)    That all Public Corporations shall be licenced by the RDC’s office before they commence
Oil my business in the District.

e)    That,he will set up^Coiiimission of Inquiry in the District to decide on any case of

mismanagement of public affairs.

f)    Legalities aside, the validity of any law made by the District Council shall be enforceable
once endorsed by the RDC’s office.

g)    That all local government staff who have not attended and internalized patriotism through
chdka muchaka shall be appraised for purposes of dismissal.

Despite these robust decisions the RDC still listens to advice. Advise him on the legality of his
actions. Where the RDC is wrong please inform him of the provisions of the relevant laws
concerning these decisions.    * (40 Marks)

The Office of the President as the user department, has. advised the Public Service Commission
that all administrative cadres in government shall not be recruited, confirmed or get promoted
unless they have studied'Administrative Law. Discuss the justification of the above
requirement.    (20 Marks)

“Ideally power should be exercised by the proper authorities, however, there are justifiable
exceptions to this general rule”. Analyze:    -

a)    The justifications for delegated powers.

b)    Legal provisions providing for delegation of powers.

c)    Various legal controls over delegated powers.    (20 Marks)

Discuss the relationship between the concept of the Rule of Law and the requirements of fairness
in the.administrative decisions or actions.    (20 Marks)

Identify any administrative tribunal of your choice and answer the following:

a)    V Enabling law in respect memjgppCpbwefs, jurisdiction and procedures.

b) ’• The roles of the tribunal ih" the particular sector giving- its advantages over

ordinary courts.    (20 Marks)

At a Conference of Health workers, the following observation was made. “Lack of regulation is
the main cause of substandard health products and services on the market. Very often this leads
to harm to the public”. Advise the Ministry of Health how it can ensure that the unregulated
health services and products are brought under control.    '    (20 Marks)

With reference to the relevant laws, discuss the powers of the. following administrative
authorities.

a)    The Police force

b)    The Auditor General    (20 Marks)

MAKERERE UNIVERSITY UNIVERSITY EXAMINATIONS 2010

ADMINISTRATIVE LAW I - L1207

FIRST YEAR SEMESTER H, 2009/2010

Date: Friday 21“ May, 2010    Time: 2.00 p.m.-5,30 p.m.

Instructions

i)    ATTEMPT ONLY 4 (FOUR) QUESTIONS. QUESTIONS NO. 1(ONE) AND 4

(FOUR) ARE_COMPULSORY.    ~ "    "" " " """ " "

ii)    USE A SEPARATE ANSWER BOOKLET FOR EACH SECTION.

iii)    THIS IS A CLOSED BOOK EXAMINATION.

SECTION A

1. Kato was employed as a Political Assistant to the Minister ofjggfiurity in the year 2000.
He has been getting ah allowance from the Minister’s Office. Kato was in the year 2008 posted
to Kabale District on the instructions of the Minister of Local Government.

The Minister of Local Government directed the Chairperson of the District to ensure that Kato is
given a responsible position in order tojponitor the activities of the District.

The District Chairperson likewise directed the Chief Administrative Officer to.carry out the
ministerial instructions. .The Chief Administrative Officer refused to implement the directives of
the Chairperson. The Chairperson went ahead and issued a letter of deployment to Kato and gave
him the title of Assistant Chief Administrative Officer (Special Duties). The Chief
Administrative Officer however refused to add Mr. Kato on the District payroll. Kato sought
intervention of the Minister of Local Government who directed the District Council that “in
accordance with S,99_. of the Local Governments Act,. ' hereby advise you to pay Mr. Kato all
his entitlements”. The Minister’s directiveTias not been compiled with. The Minister of Local
Government — has consequently ordered the District Chairperson to retrench the Chief
Administrative — Officer. The Chairperson has how written the letter which stated that the
Chief Administrative' Officer was being retired in public interest.

Kato has' now taken over the office of the Chief Administrative Officer and has vowed to
clean up the whole District administration. He issued a circular to all employees to ' the effect
that all matters relating to staff shall be finalized by.the District Council. In the circular,- he
stated .that.any further appeal shall be of no consequence. In another circular he. stated that for
purposes of efficiency all legislative matters must be commenced and concluded within two
weeks.

Kato has now received a letter from the District Service Commission of Kabale District
——to the effect that he should vacateoffice and Resist from interfering with the work
of administrative officers. Katois now an aggrieved person and has sworn not to leave his public
office. He is also determined to enforce the recovery of his unpaid salary arrears. Equally, the
Chief Administrative Officer has been enraged with the decisions of the Minister of Local
Government and the Chairperson of the District.    '

Write a legal opinion on the issues arising from the above facts and advise the 1
concerned
parties.    (30 Marks)

2.    Discuss how the constitutional principle of the Rule of Law relates to the functions
and powers of a public officer employed and deployed in a government department.

"    (20 Marks)

3.    With special reference to existing laws, outline and discuss the salient features of a

typical licencing law.    (20 Marks)

SECTION B
4.    Ms. Nama is. an employee of the newly created Department of Rehabilitation of

Prostitutes (DOROP) where she works as a counseling officer. DOROP is a statutory body set up
by an Act of Parliament with a very strict Code of Conduct for employees set out in the' First
Schedule of the Act The' Code makes it an offence for any employee of DOROP to engage in
sexual intercourse or related activities with clients. The enforcement of the Code is the
responsibility of DOROP’s Staff Disciplinary Tribunal constituted by the Director,, the Head of
the Human Resource Department, who is the chairperson, one member of staff nominated by the
employees, one representative nominated by the association,of clients, and the Head of the Legal
Department, who is also the prosecutor. The DOROP Act provides that the Tribunal shail sit
whenever allegations of wrong doing are brought to the attention of the prosecutor. The
Tribunal has powers to recommend punishments to the Board. The' quorum for the tribunal
is three, including the Head of Human Resource.

Ms. Nama has developed a practice of counseling which includes asking,clients to undergo what
she has called psychological therapy sessions, which has chosen to execute in her house after
office hours and before her boyfriend returns home. One of the clients who have undergone this
session is Ms. Nahowa, the daughter of the director who is a recovering client. One day, Nahowa
told her father that Ms. Nama’s home sessions involved clients lying naked in bed with Nama.
Nahowa told her father that she has undergone many sessions of this nature but thought that
Nama is using this for her sexual gratification. The Director was enraged, he immediately called
the Head of Legal and instructed him to convene the tribunal “to try that evil woman” within two
days. The Director also told the Head of Legal that Nama should also be prosecuted for not

MAKERERE UNIVERSITY

UNIVERSITY EXAMINATIONS 2008

ADMINISTRATIVE LAW 11202

Date: 26th May 2008    Time: 2.00 p.m.-530 p.m.

Instructions

1.    Answer any four questions including No. 1 and 4.

2.    Answer at least two questions from each Section.

3.    This is a closed book examination.

4.    Use a separate booklet for ea6fe section.

SECTION A

Compulsory number
1.    Farmco is a plant material which is extracted from trees in the semi arid lands of North
Eastern Uganda. It has recently been established that the plant has substantial economic benefits.
If properly exploited, it can be used in medical science, industrial chemicals and the manufacture
of weaponry. The material has therefore attracted all manner of economic speculators including
smugglers. There are unsubstantiated reports, that .the material has resulted into deaths and harm
to some people because of poor handling. There is also growing territorial disputes in the area
where the plant is common. The neighbouring districts want to control the exploitation of the
plant. The local leaders want all powers relating to this material because they think it.is
decentralized. The various ministries in the Central Government are obviously concerned with
the above developments.

Please advise the Solicitor General on the legal and administrative options you put in motion to
address the issues above. Specifically attend to the following:

a)    Preliminaries to regulation of the issues arising herein above.

b)    The appropriate regulatory authority

c)    Justifications for chosen authority.

d)    Regulatory requirements and powers.

e)    Steps and procedural issues.

2.    During a seminar of Local Governments operations, a local Councillor observed that Central

Government controls negate the principle of decentralization. Do you agree?

3.    a)    Analyze the constitutional and legal provision governing security of tenure

of public officers in Uganda.

b)    Discuss the non legal factors that affect the security of tenure of public

officers in Uganda.

Compulsory number

SECTIONB

4. Mr. Mulopa is a member of the Special Elite Crimes Unit (SECU) a government
Unit governed by a strict code of conduct which prohibits its members from having love * affairs
with persons being investigated by SECU. The enforcement of this code is the responsibility of a
SECU Tribunal (SECUT) as established by the SECU Act. The SECU Act stipulates that the
Tribunal shall be composed of a Chairperson (who shall preside at all sessions) appointed by the
Minister of Internal Affairs, two persons nominated by the SECU Board, and the Chief
Magistrate of Buganda Road Court. SECUT has powers to dismiss or suspend any employee and
may refer criminal cases to the CED. One 20 June 2004 SECU commenced bribery
investigations against Ms Kudiini Jata, the beautiful Executive Director of a government
corporation called Agricultural Mechanization Uganda. Ms Kudiini went to the same school as
Mulopa and for this reason Mulopa declined to head the investigation team constituted to
investigate Kudiini, he however offered to advise the Committee should the need to do so arise.
During the course of the investigations, Malopa’s wife caught him having sexual intercourse
with Kudiini, which was followed by nude photos of Malopa and Kudiini splashed in all
newspapers and tabloids. In response to these reports, SECUT, whose chairperson was out of the
country, decided to convene and punish Malopa. To make the case ease to handle SECTU
decided to ask Muwubi & Co Advocates to investigate the matter and recommend an
appropriate punishment. The Advocates were also asked to investigate allegations that Malopa
has been beating his wife. When SECUT convened, the session was presided over by the Vice-
Chairperson, a former lover of Kudiini and with whom she has mothered one kid. The session
was held behind closed doors with Malopa' and his lawyer locked out. Later they were handed
the decisions of SECUT which read:

SECUT has deemed it unnecessary tb interfere with the findings of Muwubi Advocates, Mr.
Malopa is found guilty of all charges investigated, he is accordingly dismissed with disgrace and
shall serve a term of imprisonment of 3 years.

With reference to relevant case-law, advise Malopa on the propriety of SECUT’s decision.

5.    Describe the nature of the Police Force in terms of its establishment, functions, powers, I
membership and standards of service. Reference should be made to the Police Act and

relevant case-law

6.    Write short notes on the following

i.    i Principle of delegatus non potest declare    ■

ii.    Principle of Ministerial delegation in Carltona Ltd v Commissioner of Works

iii. ! President’s powers of delegation under the Transfer of Powers and Duties Act

MAKERSR E iJNIYERSI7Y UNIVERSITY EXAMINATIONS 2009

ADMINISTRATIVE LAW (-LI207

FIRST YEAR SEMESTER IL 2008/2009

Date: Tuesday 26* May, 2009

Time: 9.0Q a.m. - 12.30 p.m.

Instructions

i) ATTEMPT ONLY 4 (FOUR) QUESTIONS. QUESTIONS NO. 1 /ONE) AND4p (FOUR)

ARE COMPULSORY.    ......

ii) USE A SEPARATE ANSWER BOOKLET FOR EACHSECTION.    <    ;

iii) THIS IS A CLOSEDBOOK EXAMINATION.    •

•    !    .    V~'*t

SECTION A    .:    ■    ■

Njenga whOlvas bom in Kenya comes to you with documents relating to what he^    *

says is his cas<? against the District of Zombo. Among the documents are: ; A i)    A
letterii'from the Public Service Commission indicating that Njenga wasA-k-A

ii)

iii.)
iv)

v)

vi)

unfairly removed from service and that he should be reinstated. addressed to the Chairman
District Sendee Commission ofZombo.    H

A letter from the District Service Commission of Zombo to the effect that the law gives it
independence and it cannot work on the directives of the Public ’A A

Service Commission.

A letter iof dismissal signed by the Chairman of Zombo District In the letter,-Njenga was
removed from sendee because he was “anti-development”. It was -    .

also communicated that the employment of a foreigner contradicted the slated . principles
of decentralization which were aimed at empowering local people.1-3 A letter from the
Minister of Local Government directing the Chief CC v : Administrative Officer to dismiss
Njenga. The Minister stated that he was doing... \ A so under S. 99 of the Local
Governments Act.    ‘    ir’vL

The mini es of the District Local Council dated 19th May, 2007 in which it was^j    h

resolved |at as a Local Council, Zombo had a constitutional right under Art of the
Constitution to control its own staff. In this connection,; the Uocalh„p|:..^pv Council
directed the Chief Administrative Officer to draft whkt it termed as -“Rules ofengagement
of District staff”. The rules were to be enforced byjhfr 4    ;

ChiefAdministrative Officer/”    ."'CA A

The proceedings of the Council where it is recorded that “Rules of engagement^ Au\"; v\ of
District staff, were proposed by the Chairman at an emergency session of the;    ,
Council heid on 20“ May, 2007 and were duly debated and signed by the 'WAX; Chairman
after a marathon sitting lasting two days. The rules are now part of r • our local laws”.    •-
':

One of the rules referred to in the proceeding paragraph was to the effect that    .

“for security reasons, all continuity of employment of District staff must be cleared by the
Resident District Commissioner”. Njenga was not duly cleared,

. The letter ist’^;#;;.|l

o.    H

•-.-.

IX)

Jfei

from service.    :    f

• A-

jT;

J'

; :r

ST
2.rc

lV

Lr-

f.'

■y

yy'
v
v'

* /\

viii) A letter from the legal advisor to the President directing that Njenga be reinstated in his
job in order not to escalate the Mjgingo affair. The letter reinhjitlai tlie Qtiel Administrative
Officer that the President shall not hesitatsto take pverthe administration of Zonbo District if this
directive isnot followed to the letter.

y of Local Government guidelines to the effect that local govcmmcntS'Cy-jf^'^f

Ministr
n
ust,inplenent his Excellency the President’s campaign manifesto- In connection, persons who
associate with opposition parties must be removed^VJ^-'

x)    Njenga’s letter of appointment from the Public Service Commission, leTTejfcof|t^^f^fjlJb:

deployment in Zombo District in 1995, letter of confirmation in permanent a^d ^- V y

pensionable terms and various letters of promotion.

Review the above mentioned documents and write a comprehensive legal opinion '•'•1*1".. t: “
advising Njenga on his rights.    [30 MARKS)    ■ "f ■ ‘
. ■■ .    ■    , ,.-T'

"Corruption in the public service rotates around money. There are effective legal

provisions''relating to the control of public finance: The problem is however r '■ . enforcement of
the legal provisions’’.
y
‘.    rf    .    - '

Discuss ffe above statement and indicate the effectiveness of legal provisions

relating toleomrol ofpublic finance. Suggest areas for reform. (20 MARKS)

sf

Write

d?

on:

i)    Thet^levanCyof the rule ofiaw to Public Administration; 110 MARKS] -

''it '    and    ;    '    •1 '    : ■ l&jU:

ii)    The Effective regulation of a potentially harmful mineral witlt promising VV'>

economic prospects.    :    [10

 .■ iff: f:v ; d

.    ' V-i.-    • f J.

SECTION B    ; ■    ■    i

MARKS]

i 4.

persons    to practice law in Uganda as appointed, byytheJBoard

Mr. Kapere has been working in the National Medicines Council for the last teiyyeap 's', as a
medical technician. The Council is a statutory body with powers to appoint such:!" staff
members as the Board of the Council may deem fit The provisions^onjihleiAi'y ’ discipline of
sg&Jffquire that no staff member shall be jdi§ipijsed_unless.such decision. ;•
f  is.made_by;a..trib«i>>al constituted for this purpose. The tribunal is.tnbe composed of’Ety.-
x' the Chairperson of the Board of the Council, w(to shall.al$pj3&.as.itsjchail*_the head of the
Hiimfen Resource Department, the President .Qflte.Sta|f.LahomJM9lLSDdjwo

On 2r° December 2008. the Head of the Human Resource Department, Mrs. Migingp    ..

referred a :'case against Mr. Kapere. accusing him of stealing very expensivcfoAitj A equipment
that had been purchased for the laboratory the previous year for US $ 1

Vi"

Mr>. Migingo had been forced to refer the case after reading a story in a new/\aptuy written by
Hot Pepper journey J Nabugulu that the equipment reported tmssjpg -front the iaboratpry of the
Council hadactually been-stolend>y.a medicatleelfflBaffli working with the Council} The
newspaper quoted as its,source as a witness working with the Council- whose names it had
withheld on request. The source, who claimed to have been working late in the night in her office
in the presence of her supervisor, wlto was giving her training on how to clean office cabinets,
told the paper th she . had seen the said medical technician carry the equipment to his car in the
middleiof ivyC the night.    /

In response, the chairperson of the Board wrote tc Mr. Kapere informing him thait he

would fonvene the disciplinary tribunal on 3ld March 2009 to hear Mr. Kapere’s casek

The letter also stated that two members had been appointed on the Tribunal, iWji ■■ V

included Ms. Lugambo, a senior clerk in the Ministry of Justice and a student    fIp

Law Development Centre and Mr. Mbalabwc, who practices law, with Ndombofd4\f y.:
Advocates & Solicitors. Jrt the meantime, the dossier written by Mrs.- Migingo aria the-f

...________    ■    L. —    _; - -

newspaper report were passed "oh to Mr. Mbalabwe 'for his opinion on the mattg'~

Wh'errthe tribtihal'sar on 3 March 2009, the Chair announ{^d~tfianf~'wTl]^p^^^maR^^j

very shPit. time to hear the case as much of the wqrk had been 'dongffiylMrjr

Mbalabwe,. whose opinion the tribunal would follow- The Chair also annoijnc||^

they were helpless as the journalist who broke the story; of the theft has;    !

testify before the tribunal, citing professional privilege not to disclose hj.s''fq^j^rcgS:Thgg-
i4'V'•‘l■ chairperson also regretted the absence of Ms Lugambo, v|ho had been .battered
by^er??;:;!'Id' boyfriend the previous night after a domestic disagreement and could
not.make&The'A - ^ Chairperson then produced a 1 page document authored by
Mbalabwptitled'CLEAR!L CASE OF DISMISSAL” and on the basis of this
Mr.T<apere .iwas^idisini.S|gdj-^iiOyyVk-■i^i reasonA:were given for the decision. The
Tribunal also made a decisionit&a^Mri^iW; Nabugulu be arrested and imprisoned for three years
for his failure to-honour thet-. .<■■ summons of the tribunal.    1    '-4?^*$^ ^ \!.

As an Advocate of the Courts of Judicature, write a memorandum in whichyoUf Cff. J-advise $ fr.
Kapere on the propriety of the proceedings by which he lost his Joh.fTKe -4 , dossier Should
make reference to appropriate case-law. ,    [25 MARKS]A|$j^Ai| |'

fSft,

M-V’: '.-'1: "v.- r

5.

Write short notes on the following;    ;

f-    '

(i) Th? Constitutional Court case of Muwanga Kivunibi vs Attorney.1 fii) Principle of Ministerial
d^gsuion in Carlfona Ltd v Commissioner of WorksA;': fy4

|l0MARKSij||;|

. . fflfiiKi-
Describe the procedures and processes of maintaining discipline and disciplininglthe ;y- ?.vy
members of the police force. Reference should be made!to the various disciplinary ir -
■T? structures established under the Police Act    [25 MARKS];! .Aff!■ C A'

A -    11 :'r»

.. ^    3    *

c .    -O0 .    1    "ais: -

-:4 N

offence to have a ’bladed article in a public place’ but that this does not include a ’folding pocket
knife’.

The defendant had a folding pocket knife. However, when it was opened, it could be locked into
the open position and could not be folded again until a button had been pressed: it
wasrtotioldabie’at all times; She was charged with the offence of having ’a bladed artide in a
public place' contrary to section 139 Penal Code Act 2015 of Wandegeya

Source: RvWana [2016] MUK Law School Bulletin p 21

Section 139 of the Penal Code Act 2015 of Wandegeya states that it is an

a) How and where would you find the following:-

   An English case decided in 1660.

   1989 House of Lords Decision (U.K.).

   A decision of the Court of Appeal for East Africa on appeal.

7

   A Uganda High Court decision of December 1984 decided in Jmja.

   A Decree of Uganda promulgated in 1974.

   A Statutory Instrument issued in 2010.

10

   V A Uganda Ordinance of 1908, which is still in force.

(vni)/ A Uganda Statute made in 1994.

11

   “On the principle of stare decisis et non quieta movera, which applies to our system, it is
expected that this Court follows its earlier decision on apparently

. similar case particularly when that earlier decision has been adopted and confirmed by a
superior Court. It becomes binding on the Court ... The importance of stare decisis needs no
emphasis. It ensures predictability, uniformity and fairness which are cornerstones in our judicial
system”.

(per Okello, JA in Zachary Olum & Anor v. Attorney General, Const. Pet. No. 6/1999, at p. 11)

Do you agree with the above assertion as regards the rationale of the principle of stare decisisl
(25 marks)

12

   “Before we take leave of this petition, we wish to draw the attention ... to the decision of this
court in [Const Pet No. 6 of 2004] Joseph Tumushabe v. Attorney General where it was decided
per curiam by a majority of [4 to 1] that the General Court Martial is subordinate to the High
Court. We hold by a majority of 3 to 2 that the case for the reasons we have given, was
wrongly decided”.

(per Mukasa-Kikonyogo, DCJ in Uganda Law Society v. Attorney General, Const. Pet. No.
18/2005, at p. 28)

(a)    In light of your understanding of the concept per curiam, appraise the reasoning of the
Deputy Chief Justice in this case. (9 marks)
(b)    Explain and discuss the position taken on appeal before the Supreme Court on the issue. (9
marks)

(c)    Explain the position of the law on the issue in controversy in the two cases. (7 marks)

HI

13

   Explain and discuss the following situations with regards to the professional

. conduct and ethics required of an advocate:    ■

(a)    Advertising and touting (7 marks)

(b)    Diligent representation of clients (6 marks)

(c)    Accountability lor monies to clients (6 marks)

(d)    Engaging in conduct unbecoming of an advocate (6 marks)