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1 UGANDACHRISTIANUNIVERSITY, MUKONO FACULTY OF LAW UNIVERSITY EXAMINATIONS 2015 THIRD YEAR SEMESTER I EXAMINATIONS FOR THE DEGREE OF BACHELOR OF LAWS BUSINESS ASSOCIATIONS I DATE: DECEMBER 2015 TIME: 3 HOURS INSTRUCTIONS (i) This is a partly CLOSED Book examination. Candidates are only allowed to bring CLEAN copies of the Reading List and Relevant Statutes into the examination room. (ii) Answer THREE (3) questions in all. ALL questions carry equal marks. (iii) This exam shall account for 70% of the total mark for the assessment of the course. (iv) Credit will be awarded for originality of thought, argument, clarity of expression, illustration, use of relevant examples and authorities. Question One Gloria, Joel, Brian and Lonnet want to establish a business in Uganda. They want to engage in the business of dealing in importation of vehicles from Japan. The four desire to contribute equally towards the intended capital of UGX. 80,000,000/=. They also state that they want to share all profits equally. They do not want to be personally responsible for the debts, liabilities and other obligations of the intended business. The four have approached you for advice on what sort of business they can start and the procedures involved in the establishment of such business under the laws of Uganda. Advise them accordingly. (25 Marks) Question Two Jasper, David, Blick, Annet, Mary and Ronald registered a public limited liability company under the name Jadbar Ltd in September 2013 with a share capital of UGX. 600,000,000/=. The company has been carrying on the business of manufacturing steel products in Kampala and exporting them to South Sudan. The company wants to scale down its operations and get rid of the rigorous legal obligations to which public companies are subjected. Jasper, David, Blick, Annet, Mary and Ronald have been advised by their business partners that the only way to achieve their motive is to re-register their company as a private limited liability company. They now seek your advice on how Jadbar Ltd can be re-registered as a private limited liability company under the Companies Act, 2012. Advise them accordingly. (25 Marks).

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Page 1: UGANDACHRISTIANUNIVERSITY, MUKONO … course. (iv) Credit will be awarded for originality of thought, argument, clarity of expression, illustration, use of relevant examples and authorities

1

UGANDACHRISTIANUNIVERSITY, MUKONO

FACULTY OF LAW

UNIVERSITY EXAMINATIONS 2015

THIRD YEAR SEMESTER I EXAMINATIONS FOR THE DEGREE OF

BACHELOR OF LAWS

BUSINESS ASSOCIATIONS I

DATE: DECEMBER 2015 TIME: 3 HOURS

INSTRUCTIONS

(i) This is a partly CLOSED Book examination. Candidates are only allowed

to bring CLEAN copies of the Reading List and Relevant Statutes into the

examination room.

(ii) Answer THREE (3) questions in all. ALL questions carry equal marks.

(iii) This exam shall account for 70% of the total mark for the assessment of

the course.

(iv) Credit will be awarded for originality of thought, argument, clarity of

expression, illustration, use of relevant examples and authorities.

Question One

Gloria, Joel, Brian and Lonnet want to establish a business in Uganda. They want

to engage in the business of dealing in importation of vehicles from Japan. The four

desire to contribute equally towards the intended capital of UGX. 80,000,000/=. They

also state that they want to share all profits equally. They do not want to be

personally responsible for the debts, liabilities and other obligations of the intended

business.

The four have approached you for advice on what sort of business they can start and

the procedures involved in the establishment of such business under the laws of

Uganda. Advise them accordingly. (25 Marks)

Question Two

Jasper, David, Blick, Annet, Mary and Ronald registered a public limited liability

company under the name Jadbar Ltd in September 2013 with a share capital of UGX.

600,000,000/=. The company has been carrying on the business of manufacturing

steel products in Kampala and exporting them to South Sudan. The company wants

to scale down its operations and get rid of the rigorous legal obligations to which

public companies are subjected.

Jasper, David, Blick, Annet, Mary and Ronald have been advised by their business

partners that the only way to achieve their motive is to re-register their company as a

private limited liability company.

They now seek your advice on how Jadbar Ltd can be re-registered as a private

limited liability company under the Companies Act, 2012.

Advise them accordingly. (25 Marks).

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Question Three

“A party to a transaction with a company is not bound to enquire whether it is

permitted by the company’s memorandum or as to any limitation on the powers of the board of directors to bind the company or authorise others to do so”.Per Section 53

of the Companies Act, 2012, Act 1 of 2012.

Critically analyse the import of the above provision of the Companies Act, 2012.

(25 Marks).

Question Four

In June 2014, Ankunda successfully obtained judgment in Civil Suit No. 523 of 2010

against Songa Ltd, a private limited company. The said company was incorporated in

Uganda in 2001. Ogwang Leonard t/a Ogwang Auctioneers & Court Bailiffs was

appointed to execute the said judgment whereby he successfully evicted Songa Ltd

from the suit property located along Bugujju Road, Mukono. Ogwang then filed his

bill of costs at the High Court of Uganda at Jinja which was taxed and allowed at

UGX. 15,000,000/= against Songa Ltd.

When Ogwang tried to enforce the bill of costs by attachment of Songa Ltd’s property, he discovered that the company had no known assets to be attached. A

search made in the company registry on 28th

October 2015 reveals that Samalie, Israel

and Rita are the directors and shareholders of Songa Ltd. Ogwang now wants the said

directors and shareholders to be held responsible for the debts of the company to

enable him recover the fruits of his work. He wants the personal property of the said

directors and shareholders to be made available for attachment to satisfy his bill of

costs. He believes that unless the veil is lifted, his bill of costs will be rendered

nugatory and that it is in the interest of justice that the veil be lifted.

Samalie, Isreal and Rita, on the other hand, insist that they are not answerable for the

company’s obligations.

Discuss the legal issues arising and advise the parties.(25 Marks).

Question Five

Muhairwe, Nyakato, Adomati, Akol and Mulindwa incorporated a company under

the name MNAAM Ltd in 2009. All the five held equal shares in the company which

they fully paid for. The five were all appointed directors. According to the Articles

of Association of the company, all resolutions/decisions within the company were to

be made by a majority vote of 80% of the members/directors. In December 2013, a

meeting of shareholders was convened and was attended by all the five shareholders.

At the said meeting, it was resolved that Akol should immediately surrender her

shares for allottment to the other four shareholders in equal proportions. It was

furthered decided that Akol should immediately cease to be a director of the

company.

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Akol attempted to oppose the above decisions but was out voted by the other

shareholders during the meeting. She is aggrieved that she was wrongfully deprived

of her shares in the company and was wrongfully removed from her position as

director of the company by the other shareholders.

Akol now seeks your advice about the above state of affairs in MNAAM Ltd.

Advise her. (25 Marks)

Question Six

Critically analyse the duties of a director to a company and how they can be enforced.

(25 Marks)

Question Seven

Ivan and Joel are shareholders of Ijay Ltd, a company incorporated in Uganda in

November 2008. They are also the only directors of the company. The company

operates a bank account with Barclays Bank Uganda Ltd, Mukono Branch. In

February 2012, Ivan and Joel approached the Manager Barclays Bank Uganda Ltd, a

one Basaija and successfully applied for a loan of UGX. 40,000,000/= from the bank

on behalf of the company. A loan agreement was signed between the bank and the

company. Ivan and Joel signed as Directors on behalf of the company. The loan was

to be repaid within five (5) months from 16th

February 2012

The company defaulted on the repayment and a sum of UGX. 27,000,000/= remains

unpaid. Around March 2015, Basaija began sending threatening letters to Ivan and

Joel asking them to pay or else be arrested and detained. Indeed on the 5th

June 2015,

Basaija with Military men arrestedIvan and detained him at Mukono Police Station

for four (4) days before he was transferred to Mbuya Military Barracks in Kampala.

He was released ten (10) days after.

Ivan indicates that while in the police cells, he was beaten by police men and was

made to sleep in filthy environment next to a bucket used for convenience by the

inmates. He is aggrieved by what occurred and strongly believes that he was

wrongfully arrested and detained. He seeks your legal advice.

Advise accordingly. (25 Marks).

END

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UGANDA CHRISTIAN UNIVERSITY

SCHOOL OF LAW

UNIVERSITY EXAMINATIONS 2015/2016

END OF SEMESTER EXAMINATIONS, DECEMBER 2015

COURSE : BACHELOR OF LAWS

YEAR : 3RD YEAR, 1ST SEMESTER

COURSE UNIT : CRIMINAL PROCEDURE

DATE : December 2015

DURATION : 3 HOURS

INSTRUCTIONS:

This is a restricted open book examination. Students may bring into the examination

room clean copies of the reading list only.

This examination consists of seven (7) questions. Answer three (3) questions including

Question 1 which is compulsory. All questions carry equal marks. Answers that are

clearly throughout, well structured, presented and supported with authorities attract

high marks.

QUESTION 1:

On 17th November 2015, Musajjalubwa was arrested along Kampala road in Kampala

and produced before the Chief Magistrate’s court of Buganda road for trial for three

counts, wounding Jimmy with intent to cause grievous bodily harm on 16th November

2015, malicious damage to Jimmy’s property on the same day and obstructing a police

officer in execution of his duty to arrest on the 17th November 2015. No charge sheet

was presented before the Magistrate since the Resident state attorney was reported to

be in a workshop in Mbale. The chief Magistrate who was rushing to attend a rotary

meeting remanded Musajjalubwa without recording his plea and he has been in Luzira

Prison since then.

On the same day, Corporal Apio arrested Mathias on allegations of having stolen a

television set from his neighbor, Ahmed. The corporal was paid Ugx 100,000/= by

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Mathias’ wife to release Mathias from police custody. Two weeks later, the Chief Magistrate received the file duly sanctioned and since he knew Mathias he called him on

his cell phone asking him to appear before court on the 3rd November 2015. Mathias

did not appear and the Chief Magistrate issued a warrant of arrest against him. Mathias

was brought to court, the charge read out to him and he was asked to enter plea. He

just looked at the Magistrate and a plea of guilty was entered against him. He was

sentenced to 8 strokes of a cane for per day for one (1) years.

Citing relevant legal provisions and case law, discuss the legal issues arising

out of the above facts. (30 Marks)

QUESTION 2:

Write short notes on the following (5 Marks each)

a) Community Service

b) Arrest by police officers

c) Trial procedure when accused insane

d) Institution of Criminal Proceedings

QUESION 3:

With the use of relevant authorities critically discuss the law relating to charges and

indictments. (20 Marks)

QUESTION 4:

Discuss the hierarchy and the criminal jurisdiction of the different courts in Uganda.

(20 Marks)

QUESTION 5:

Discuss the various Constitutional rights that an accused person caught up in the

criminal justice system is entitled to in Uganda. (20 Marks)

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QUESTION 6:

“The grant of bail by any Court to an accused person is an absolute right. Refusal so to grant is against one’s right to a fair trial”. Citing relevant legal provisions and

authorities, discuss the veracity of the foregoing statement. (20 marks)

QUESTION 7:

Assume that you a Magistrate and an accused person informs court that he wishes to

plead guilty to a charge against him. Clearly outline the procedure that you would adopt

to ensure that the plea is properly recorded. (20 Marks)

QUESTION 8:

‘Options of sentences and orders that can be meted by court are few and far between. When one is convicted by any judicial officer, one can only serve a

prison sentence of at least 5 years.’ Discuss this assertion with the aid of relevant

authorities. (20 Marks)

-END-

“MERRY CHRISMAS”

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UGANDA CHRISTIAN UNIVERSITY UNIVERSITY EXAMINATIONS 2015

FACULTY OF LAW

FAMILY LAW II EXAMINATION

THIRD YEAR END OF ADVENT SEMESTER EXAMINATIONS: 2015/2016

INSTRUCTIONS: 1. This is a Closed Book Examination. 2. Candidates must answer three questions in total. 3. Question Number One (1) is compulsory 4. Consultation of any Materials or Discussion is prohibited. 5. Candidates who clearly illustrate their answers with the use of correct authorities will improve their grades 6. In addition to the instructions above, students are advised to follow those appearing on top of each answer booklet. QUESTION ONE (COMPULSORY-30 MARKS) Timothy qualified as a practicing Lawyer in 1975 and was in legal practice for the next 20 years. He retired early and opened a painting studio where he successfully learnt and practiced how to use his hands by painting beautiful art pieces that secured good market and fetched him good money. In 2005 he realized he did not have a will and decided to execute a valid will by himself to avoid the unnecessary inconvenience and expenses of engaging an advocate. One afternoon while working at his Studio he wrote out his will on the back of one of his favorite painting, signed and dated it. He took the painting with the will on the back to the next Studio where his fellow artists Tom and Titus were working from. After showing them his will, he asked them to sign and witness. Tom and Titus were busy completing a painting assignment that was due for delivery at the ongoing Art Exhibition in UMA Show Grounds Kampala so they requested Timothy to leave “the will” and promised to sign the following day. After two days, Timothy went back and found that both Tom and Titus had signed the “will” by affixing their thumbprints on the will. Tom and Titus informed Timothy that they had affixed the thumbprint at the same time. Timothy has now died. He had never married and had no surviving children Both his parents had passed on earlier but he did have three sisters.

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Peace the eldest is married to Peter and blessed with one child Paul aged four years Dorothy never married and has no child Charity is married with three children Pius, Pill and Pina Within the family is Patrick, who is the child of Timothy’s mother by her first marriage. Patrick grew up with Timothy and his sisters and has always been treated as their brother. (a) Discuss all the legal issues raised in the fact pattern above and advise all

the parties (b) Explain how Timothy’s estate will be distributed and the position of

Patrick. (c) Describe the contents of Documents you will draft in realizing any possible

remedies. B. Assuming that before the court permission for the management of the estate either through grant of probate or letters of administration whichever is applicable is pending, the sisters to Timothy and Patrick approach you that they have found a good buyer for Timothy’s house in Kololo. That all of them need money urgently to settle several financial obligations related to clearing school fees for those with children and paying medical bills for those without children. That the buyer wants to pay for the house immediately and an agreement be executed in his favour and all documentation in respect to the house be handed over to him. Discuss any legal issues raised in the fact pattern (B) above and advise. QUESTION TWO (20 MARKS) On 8 November 2015 Mukono Hill Village LC1 Chairperson Tanga Peter meets you at the Faculty of Law Legal Aid Clinic and informs you as follows: “I was in my office Saturday Morning at 8 am writing recommendation letters for persons in Mukono who have applied to the Police Force for recruitment at Crime Preventers for the upcoming Presidential Elections. Then at 9 am, one of the interested Crime Preventers Persons saw a female child aged about four months abandoned 200 meters away from my office. The Crime Preventer brought the child to my office and I am stuck on what to do with the child. Question: Prepare a legal memorandum to your Senior Partner on all the legal steps to be followed in placement and securing rights of the female child in question to be raised and nurtured by a family.

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QUESTION THREE (20 MARKS) In 2010, Melissa aged 16 years gave birth to a bouncing baby boy she decided to name Junior Agaba. She was scared by the fact that she had hidden the pregnancy from her guardians being that she was still in school and the father of the child a one Samuel Kakembo refused to acknowledge that he was responsible for the pregnancy. She tried hard to make ends meet and look after her son. In September 2015, Melissa comes to you seeking advice. She has since 2010 established herself with a flourishing business and is married to Harrison Smith, a wealthy Norwegian that has all the while looked after Junior and even purchased properties and registered them in Junior Agaba’s name. Samuel Kakembo turned up at her shop in Mukono town council and told her he wanted his son back and the matter was not up for debate. He thanks her for making him wealthy through his son, since in Africa children belong to men. He is now ready to take over and sell the properties in Agaba’s name. All she knows about Kakembo is that he has about ten other children with different women and is more or less a drunkard on the village though he has some rental properties in Seeta. Advise Melissa on all legal issues pertaining to the matter. QUESTION FOUR (20 Marks) Explain the jurisdiction necessary for the following actions:

(a) Maintenance (b) Custody (c) Paternity (d) Care Order (e) Grant of Probate (f) Revocation of Grant of Letters of Administration (g) Guardianship (h) Adoption (i) Foster Care (j) Certificate of No Objection

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QUESTION FIVE (20 Marks) Explain the operation and implication of any four (4) of the following under the law of Succession:

(a) Intermeddling with Estate (b) Liability of Executors and Administrators for their Wrongs (c) Personal Representatives (d) Conditional Wills (e) Caveats

QUESTION SIX (20 MARKS) ‘The legal regime governing intestate succession in Uganda does not ably cater for widows and children to a male deceased. Any other claimant is more entitled to his estate. Even worse is that the Law prefers male relatives to the deceased in such instances’.

Critically discuss this assertion with the use of relevant authorities.

END

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UGANDA CHRISTIAN UNIVERSITY

UNIVERSITY EXAMINATIONS 2015

THIRD YEAR END OF ADVENT SEMESTER EXAMINATION FOR THE

DEGREE OF BACHELOR OF LAWS

FACULTY OF LAW

PAPER: JURISPRUDENCE II

DATE: DECEMBER 2015

TIME ALLOWED: 3Hrs

THE PAPER CARRIES 70 MARKS

________________________________________________________________________

INSTRUCTIONS:

a) This is a CLOSED BOOK EXAMINATION

b) Answer any four questions

c) Clarity of Expression and use of relevant authorities shall be highly

rewarded

d) Cheating and/or any form of examination malpractice shall be punishable

under the relevant University Rules and Regulations.

e) Mobile Phones or any other form of electronic gadgets are Prohibited into

the examination room(s).It does not matter whether the said Mobile Phones

and electronic gadgets are in working modes or not.

f) The University Rules and regulations governing the conduct of Examinations

apply in equal force in this Examination

___________________________________________________________

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2

1. Marx and Engels argue that social conscience, legal ideas and political ideas

reflect or are conditioned by economic structures of the society. How true is this

view? (17.5 marks)

2. There have been disagreements among feminists over the meaning of equality

and different feminists have been influenced by different schools of thought. In

light of the different schools of feminism, what is equality and what is its

relevance in promoting equality in society? (17.5 marks )

3. (a) "The law class room is a forum for studying theories that are far divorced

from reality. Young lawyers are not taught enough to help them face real life

challenges in a pragmatic way after law school." Do you agree? (8 marks)

(b) What legal reforms would you suggest to revamp the quality and relevance of

legal education in Uganda (7 marks)

4. (a) What do you understand by post modern jurisprudence? (7.5 marks)

(b) Critically discuss the relevance of post modern jurisprudence to a developing

country like Uganda. (10 marks)

5. Article 29 (1) (a) of the 1995 Uganda Constitution provides ‘(1) everyone shall

have a right to freedom of speech and expression which shall include freedom of

the press and other media”. In addition, Article 29 (1) (d) provides that

‘everyone shall have the right of freedom to assemble and to demonstrate together

with others peacefully and unarmed and to petition’. In view of these two Articles, critically explain with relevant examples the nature and meaning of these

rights with reference to case law and legislation. ( 17.5 marks)

6. Assess the relationship between law and morality in Uganda’s legal formulation, interpretation and application. (17.5 marks)

7. Article 1(1) (2) of the 1995 Constitution provides: “All power belongs to the

people who shall exercise their sovereignty in Accordance with this Constitution.

Without limiting the effect of clause of this article, all authority in the State

emanates from the people of Uganda; and the people shall be governed through

their will and consent”. In view of this article, critically explain with relevant

examples the nature and efficacy of the NRA popular Justice System in Uganda

today. (17.5 marks)

MERRY CHRISTMAS

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UGANDA CHRISTIAN UNIVERSITY

ADVENT SEMESTER 2015

EXAMINATION

BACHELOR OF LAWS

THIRD YEAR – FIRST SEMESTER

PAPER: INTERNATIONAL LAW 1 DATE: 08th DECEMBER 2015

TIME : 3 HOURS 30 MINUTES

INSTRUCTIONS:

1. Answer THREE Questions in total. Question 1 is COMPULSORY

2. The examination is PARTIALLY OPEN. Students may bring ONLY

Conventions, Treaties, Constitution and a CLEAN copy of the reading list.

3. Clarity of expression and use of relevant authorities will be rewarded.

4. Cheating and/or any form of examination malpractice is not permitted and

shall be punishable under the relevant University Rules and Regulations.

5. Mobile phones or any other electronic gadgets are PROHIBITED from the

examination room. It does not matter whether the said mobile phones and

electronic gadgets are in working mode or not.

6. The University Rules and Regulations governing the conduct of

examinations apply in full force to this examination.

QUESTION ONE: (Compulsory)

Patmos is a country with a coastline. It gained independence from France in

1972, and has since then been a member of the United Nations in addition to

being a member of several other international organisations, under which she

has engaged in international relations. In terms of religion, the country is

dominated by Christians in the East and Muslims in the West.

-1-

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Over the past 10 years there has been considerable discontent with the

government of Patmos especially from the Eastern region dominated by

Christians on how the central government, based in the city of Kadir in the

Western region is sidelining the Eastern region and yet it borders the

coastline and all imports and exports go through the Eastern region.

The Eastern region citizens have systematically agitated statehood with

legislators collecting signatures to enable the region to conduct a referendum,

so that they can be independent. They no longer wish to be identified as part

of Patmos and add that they have their own systems in place and are ready

to stand on their own.

They also add that if the independence fails, they would like to join the

Christian state of Utopia in the north, a member of the UN and well respected

by the international community.

The UN Security Council has warned that the government of Patmos should

allow the Eastern region citizens to express and pursue their wishes.

As a student of Public International Law, advice the representatives from the

Eastern Region that have come to your office seeking advice on the way

forward. (23 marks)

QUESTION TWO:

Public international law regulates relations between States as they are

considered to be the primary subjects. Territory is an important aspect of any

State as it is the sphere within which governments exercise sovereignty.

Discuss the means through which states may acquire and lose territory.

(23 marks)

-2-

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QUESTION THREE:

Write short notes on the following:

a) Reservation of treaties;

b) The Estrada doctrine and the Fitzmaurice compromise;

c) Principle of Uti Possedetis;

d) The subsidiary sources of public international law and the importance

of soft law ;

e) Suspension and termination of Customary International Law; and

f) Accretion. (23 marks)

QUESTION FOUR:

In light of the provisions of the Vienna Convention on the Law of Treaties

1969 and decided cases, examine the rules of treaty interpretation.

(23 Marks)

QUESTION FIVE:

Article 3‘ (1) of the Statute of the International Court of Justice not only lists

the sources of Public International Law but also gives a hierarchy that has to

be strictly followed by the Court . Discuss the validity of the foregoing

statement. (23 Marks)

QUESTION SIX:

…If a government department goes into market places of the World and

buys boots or cement as a commercial transaction – that government

department should be subject to, all the rules of the market place... Per Lord

Denning in Trendtex Trading Corporation Ltd v Central Bank of Nigeria

(1977) 1 All E.R. 881. Discuss the validity of this statement in light of state

immunity. (23 Marks)

-3-

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UGANDA CHRISTIAN UNIVERSITY

ADVENT SEMESTER 2015

EXAMINATION

BACHELOR OF LAWS

THIRD YEAR – FIRST SEMESTER

PAPER : LAW OF EVIDENCE 1 DATE: 11th DECEMBER 2015

TIME : 3 HOURS 30 MINUTES

INSTRUCTIONS:

1. Answer FOUR Questions in total.

2. Question 1 is COMPULSORY

3. The examination is totally OPEN BOOK. You are permitted to bring into

the examination room any material you deem necessary.

4. Clarity of expression and use of relevant authorities will be rewarded.

5. Cheating or any form of examination malpractice is not permitted and

shall be punishable under the relevant University Rules and Regulations.

6. Mobile phones or any other electronic gadgets are PROHIBITED from the

examination room. It does not matter whether the said mobile phones and

electronic gadgets are in working mode or not.

7. The University Rules and Regulations governing the conduct of

examinations apply in full force to this examination.

SECTION A

QUESTION ONE (COMPULSORY): Albert Makaayi was married to Bulandina

Mary with whom he had a son, Kezironi Isaac. Makaayi had domestic

misunderstandings with his wife which resulted in her going to stay with one

of her brothers, Moses Kibira. On 9th October 2015 a meeting was held to

reconcile Bulandina and Makaayi at which it was resolved that Bulandina

should go back to her husband on condition that he stops mistreating her.

-1-

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On the afternoon of 12th October 2015 at about 4:00 pm. Bulandina and her

son aged 4 years, left the home of the Kibira for the home of Makaayi. She

did not reach her intended destination. On that same night her husband

came to the home of Bulandina s mother, Eugene Nakyejjwe at about 10:00

p.m. He was in a confused and panicky state. When he inquired about his wife

and was told that she had left for his home that afternoon, his reply was: Let

me go since I am the one having the keys. May be mosquitoes have killed

her. Early the following day on 13th October 2015 at 1:00 a.m. the appellant

went to the home of his brother-in-law, Kibira where he appeared in a

complete state of confusion as he could not explain his reason for being

there at such an unconventional time.

On the same day of 13th October 2015, the bodies of Bulandina and her son

were first seen floating in river Ssezibwa with their clothes in the same stream

near the bodies. The bodies were first sighted by one Augustus Bukomeko

who informed Henry Mukombozi. Both men went away to alert the public.

When they returned to the scene with one of the brothers of the deceased,

both bodies and the clothes were missing from where they had been seen. A

search was conducted and the two bodies were found in a different part of

the stream with cut wounds and the clothes were missing. When Makaayi was

found at his home, Luwaga (one of the brothers of the Bulandina), asked him

if his wife had arrived. He did not answer the question. Instead he got hold of

panga and said that it was Birikadde who had killed his wife. Eventually

Makaayi was arrested and when his house was searched, the clothes which his

wife had left her brother s home and which had also been seen where the

bodies were first sighted, were found hidden under the deceased s bed in a

bundle.

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Page 18: UGANDACHRISTIANUNIVERSITY, MUKONO … course. (iv) Credit will be awarded for originality of thought, argument, clarity of expression, illustration, use of relevant examples and authorities

While in police custody and after a few beatings, he said that I know

something about the death of Bulandina and my son and the statement was

reduced to writing. However, at the trial, Makaayi denied any involvement in

the killing of his wife and child adding that he cannot even be placed at the

scene where the bodies were found and that he was distancing himself from

the statement made while in police custody.

Identify all the legal issues involved and advise the accordingly. (25 marks)

QUESTION TWO:

Discuss the rationale for the admissibility of evidence of motive and conduct

under the Evidence Act, Cap 6 of the Laws of Uganda. (15 marks)

QUESTION THREE:

With the aid of relevant authorities, critically analyze the law relating to

character evidence in Uganda. (15 Marks)

QUESTION FOUR:

There is no absolute rule of law or even a rule of prudence that a dying

declaration unless corroborated by other independent evidence is not fit to

be acted upon and made the basis of a conviction . Discuss the above

statement with the support of case law. (15 Marks)

QUESTION FIVE:

No writing can be received in evidence as genuine writing until it has been

proved to be a genuine writing and none as a forgery until it has been

proved to be a forgery. A writing of itself is not evidence of one thing or the

other. Discuss the quotation using relevant authorities. (15 marks)

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Page 19: UGANDACHRISTIANUNIVERSITY, MUKONO … course. (iv) Credit will be awarded for originality of thought, argument, clarity of expression, illustration, use of relevant examples and authorities

QUESTION SIX:

Write short notes on any THREE of the following:

1. Companies and common intention;

2. The principle of res gestae;

3. Admissibility of evidence obtained illegally;

4. Conviction based solely on identification evidence; and

5. Uganda v Doyi Wabwire Kyoyo (1976) HCB 213 (15 Marks)

QUESTION SEVEN:

A conviction cannot be based solely on identification evidence without

corroboration . Per Musaana Pinto, LL.B III student. Discuss the foregoing

statement in light of the law on identification in Uganda. (15 Marks)

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