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.
fa a
detailed and well-researched memorandum, advise NCHE on the possible course of action
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 whd e 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.
2
. R has been provided to enable you to research independently and write out your response which you
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.
5
. Remember to write your name and’ registration number correctly to avoid Thisrecording and
missing your marks.---
6
. Stamped answer sheets will be provided to you by the Examination Officer through your Class
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 : 20 4
atC 23 May 1 . Time: 2.00 p.m.-5.30 p.m.
Instructions:
(a) This s a
i CLOSED BOOK examination.
(b)
A.tlempt F°UR questions in all; answering at least one question from each section. QUESTION
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)
th
Date: 28 May 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 y ou 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 p ro-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.
F
y
■ ?L. v
• c-
■«> :•
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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:
t
(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 .
s
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
A
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. . |
i
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 '
isch ef
M ! 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-
s ci lisi g
° a n joint, at Bwaise. Although the joint attracts revellers interested in the English
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: 29 MAY 2006 TIME: 2.00PM-5.30PM
TH

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)