i

Table of Contents
LDC PRE- ENTRY LEGAL FRAMEWORK .............................. iii
HOW TO PASS LDC PRE-ENTRIES .......................................... v
Appreciation .................................................................................. vi
2010 EXAM ...................................................................................2
2011 EXAM ................................................................................ 22
2012 EXAM ................................................................................ 43
2013 EXAM ................................................................................ 72
2014 EXAM .............................................................................. 100
2015 EXAM .............................................................................. 126
2016 EXAM .............................................................................. 152
2017 EXAM .............................................................................. 174
2018 EXAM .............................................................................. 196

ii
LDC PRE- ENTRY LEGAL FRAMEWORK
The Law Council through the medium of Committee on
Legal Education and Training, it‟s empowered with general
supervision and control over professional legal education in
Uganda including continuing legal education for persons
qualified to practice law in Uganda as per Section 3 of The
Advocates Act, 2002. Section 6C of the Advocates Act 2002
prescribes that the committee will prescribe the professional
requirements for admission to the post graduate Bar Course
and qualifications necessary for eligibility for enrollment.
Rules 3 and 4 of the Advocates Act Legal Notice 17 of
2007, prescribe qualifications for admission to the Bar
Course; that is, Holder of law degree from a university in
Uganda; chartered or licensed under the laws of Uganda.
Wherefore, LDC PRE-ENTRIES are set by The Law
Council under The Advocates (Professional requirement to
Post – Graduate Bar Course) Notice, Legal Notice No.17 Of
2007 as amended by Legal Notice No.12 Of 2010. Therefore
LDC pre-entries are set by the Law Council under the
exercise of its powers and it‟s a requirement for any
qualified person seeking to join Law Development Centre
for a Post Graduate Diploma in Legal Practice to first sit and
pass pre-entries.

SUBJECTS EXAMINED
It‟s the mandate of the Law Council to select subjects but of
record, the paper contains Legal Methods, Law of Contract,
Law of Torts, Constitutional Law, Law of Evidence, Civil
iii
Procedure, Criminal Law, Criminal Procedure, Aptitude and
Values.
In this book therefore, an opinion is offered on all the
questions in all the course units examined save for the
Aptitude and values.

WHAT IS THE PASS MARK?

The pass mark is determined by the Law Council from time
to time, but from the previous pre-entries, the pass mark has
always been 50%

iv
HOW TO PASS LDC PRE-ENTRIES
There is no set formula for passing Ldc pre-entries but the
only advice I can give is that just prepare, consult, discuss
with friends, read all past papers and possible answers
thereto and pray to God. Advising you out of experience,
it‟s not about your performance at LLB, social class, age,
university, connections, number of times you have sat pre-
entries. It‟s all about how prepared you are.
Some people do not because they don‟t know; it‟s because
of some factors such as pressure, fear, failure to manage
time, question interpretation and over confidence. You are
good enough, you can pass pre-entries.
My learned friends; I have compiled this book to guide you
in your preparations for Ldc pre-entries. Therefore I advise
you to consult more in your preparations, attend discussions
and the opinion answers herein don‟t work as or
conclusively mean Law Council pre-entry marking guide.
It‟s my prayer that you make it to LDC. For any inquiry
about pre-entries, feel free to contact me at Email:
ayiga@ldc.ac.ug / yiga.allan31@gmail.com. Tel:
+256706578185.

v
Appreciation
Thanks and appreciations goes to my fellow lawyers who
guided me much in preparation of this book but mention;
Kitamirike Puis, Banya Trisha, Nyamungu Dorcus,
Rwakatete Martin and Odongo Fred; your grate
contribution can never go without recognition and
appreciation.

Special thanks go to my family members for their selfless

support, Eng. Ssenkungo Fred, Eng. Kasozi Stephen and
Ms. Nakiyingi Lydia to mention but a few, thank you very
much for your selfless support. In a special way, much
thanks to COM SIGNS LTD for the great contribution in
the stationary, designs and printer.

vi
 INDEX NUMBER

COMMITTEE ON LEGAL EDUCATION AND TRAINING

OF THE LAW COUNCIL
THE ADVOCATES (PROFESSIONAL REQUIEMENTS TO
POST – GRADUATE BAR COURSE) NOTICE, LEGAL NOTICE
NO.17 OF 2007 AS
AMENDED BY LEGAL NOTICE NO.12 OF 2010

PRE-ENTRY EXAMINATION FOR ADMISSION TO THE POST

GRADUATE BAR
COURSE, 2010/2011
Date : Wednesday 1st September, 2010 Time: 9.00am – 1.00 p.m
INSTRUCTIONS:
1. The examination is closed book.
2. Answer all questions.
3. All answers must be written in the space provided on the
examination paper.
No extra or additional paper may be used in answering any
questions in the
Examination.
4. For the objective –type questions, circle the letter representing
the correct
answer.
5. Ensure that your handwriting is legible.
6. Do not write your name anywhere on the examination paper.
For examiners’ use only
A B C D E F G H I J TOTAL

1
2010 EXAM

SECTION A
LEGAL METHODS
1. Define what you understand by the term common Law
systems.
 This is the body of law that developed in England
primarily from judicial decisions based on custom
and precedent, unwritten in statues or code and
constituting the basis of English legal system.

2. State one doctrine of Equity.

 Doctrine of Election
 Doctrine of Satisfaction
 Doctrine of conversion

3. What are courts of record?

 These are courts whose proceedings are captured,
preserved and their decisions are authority and
binding to the same court and other lower courts
in hierarchy.

4. Explain the meaning of this citation:[1970] 1 W.L.R 725

at 729
 The citation means that the particular
information being referred to is recorded in
Volume 1 of the 1970 Edition of the Weekly Law
Reports, in a case which starts to be recorded at
page 725, but this particular information is found
at page 729.

5. What is meant by the expression per incuriam?

 It connotes to a mistake either in law or facts

2
6. Explain the meaning of the golden rule of statutory
interpretation.
 It a rule of statutory interpretation that allows
departing from the ordinary and literal
interpretation of word (s) in order to avoid an
absurdity.

7. The Evidence Act is cited as Cap. 4. What is the

meaning of the citation?
 The citation means that the Evidence Act is found
in Chapter 4 of the Revised Edition of the Laws of
Uganda that was finalized in 2000.

8. Distinguish between principal and subsidiary legislation.

 Principal legislation connotes to the laws that are
enacted by the main legislative body which is the
Parliament in Uganda’s context, whereas,
 Subsidiary legislation connotes to the laws that
are enacted by subordinate authorities such laws
local governments.

9. If an author makes a reference to “Ibid” in a foot note,

what does it mean?
 The reference to “Ibid” means that the
information being referred to in that particular
footnote has been acquired from the authority
cited in the immediate preceding footnote

10. What is the Bar?

 The Bar is a body of lawyers who are duly
enrolled on the roll of advocates and are certified
to practice law in a particular jurisdiction.

3
 SECTION B
CONSTITUTIONAL LAW
11. What is a republican Constitution?
 A republican Constitution is one that provides
that a sovereign State or country is to be
organized with a form of government in which
power resides in the elected individuals
representing the citizenry and government
leaders are to exercise power according to the
rule of law.
12. Give one distinction between federalism and
decentralization
 In federalism powers are constitutionally divided
into central government and other political units
or states, whereas
 In decentralization the central government
derogates some of its authority to the local
administrative bodies (local government)

13. Define collective responsibility of cabinet

 Collective responsibility is a principle that all
members of the government cabinet must
publically support all governmental decisions
made in cabinet, even if they do not privately
agree with them.

14. What is dual citizenship?

 Dual citizenship is being a citizen of two countries
concurrently.

15. Explain what you understand by Presidential assent to a

bill.
 I understand Presidential assent to a bill as the
signing of a bill passed by parliament by the

4
 president of the country as a form of assent to it
and it thereby becomes law.

16. State one remedy of a person who alleges that legislation

is unconstitutional.
 Declaration that such a legislation is
unconstitutional upon Petitioning the
Constitutional Court on that effect.

17. Name one right in the Constitution which is non

derogable.
 Right to a fair hearing as provided for under
Article 44 of the Constitution of the Republic of
Uganda

18. How did the 1995 Constitution deal with the problem of
untitled occupants of land?
 The Constitution of the Republic of Uganda, 1995
dealt with the problem of untitled occupants of
land by providing that Parliament must make a
law to regulate the relationship between the
untitled occupants of land and the titled
occupants of land. The Constitution added that
until Parliament made such a law referred to
above, the untitled occupants of land were to
enjoy security of occupancy on land.

19. State the doctrine which is now generally accepted as an

alternative to the strict separation of powers between the
organs of the state.
 The doctrine of checks and balances

20. Outline one Constitutional provision meant to ensure the

independence of the Judiciary.

5
  In exercise of its powers, the Judiciary is not
subject to the control or direction of any
authority.

SECTION C
LAW OF CONTRACT
21. If offer and acceptance are made by e-mail, where is the
contract concluded? Give a reason.
 The contract is concluded at the place where the
offeree accepts the offer made to him/her, reason
being a contract to be concluded there must be
acceptance to the offer made.

22. Why is it that as a general rule a stranger to a contract

cannot enforce it?
 A stranger to a contract cannot enforce it since a
contract is formed of rights and duties. Therefore
a stranger does not have any right or duties under
the contract reason being s/he is not a party to
that contract.

23. Name one relationship in which the law will presume

undue influence to a contract.
 Pastor-follower relationship
 Parent – child

24. Distinguish between a void and avoidable contract.

 A void contract is a contract which cannot be
enforced by either party to the contract, whereas;
 A voidable contract is an enforceable contract but
can be treated as void by the innocent party.

25. Illustrate the meaning of unilateral mistake.

6
  Unilateral mistake means an instance whereby
one party to a contract is mistaken as to the
subject matter or the terms contained in the
contract.

26. Explain the meaning of restitution in integrum

 Restitution intergrum is a latin term which means
restoration to original condition.
The term is considered in the ward of damages for
breach of contract as it was observed in the case of
Uganda Telecom v Tanzanite Corporation [2005] E.A
351, wherein court observed that in contract, the general
intention of the law of the giving of damages for breach
of contract is that the plaintiff should be placed in the
position he or she would have been in had the contract
been performed.

27. What is the remedy of quantum meruit?

 The remedy of quantum meruit is a redress
awarded to a party in a contract in cases of part
performance of the obligations in the contract or
where the consideration in the contract is not well
stipulated, a party is entitled to a reasonable
amount for the quantum or portion performed.

28. Define what is meant by express terms of a contract.

 Express terms of a contract are such terms that
are expressly provided and agreed upon by the
parties to a contract before the contract is
concluded.

29. Outline one rule governing exclusion clauses.

7
  Any ambiguity in an exclusion clause is
interpreted against the maker of the exclusion
clause.

30. State one way by which a contract can be discharged.

 Performance
 Accord and satisfaction

SECTION D
LAW OF TORTS
31. What must a plaintiff who has been defamed prove in
court in order to succeed in that cause of action?
 A plaintiff defamed must prove that the
defendant published an untrue statement
about the plaintiff and it has lowered his
reputation in the society.

32. John has erected a building on land belonging to Peter.

What is Peter‟s cause of action against John?
 Trespass to land

33. In your own words, explain the rule in Rylands V

Fletcher.
 The rule in Rylands V Fletcher is that a
person who for his own purposes brings on his
lands and collects and keeps there anything
likely to do mischief if it escapes, must keep it
in at his or her peril, and, if he or she does not
do so, is prima facie answerable for all the
damage which is the natural consequence of
its escape.

34. What are the most important ingredients of the tort of

Negligence?
8
  Duty of care
 Breach of duty of care
 Damage

35. Bosco is a gardener of mama Tina. While mowing her

lawn, a stone flew and broke a neighbor‟s window pane.
On what principle would mama Tina be liable for
Bosco‟s acts?
 Mama Tina would be responsible for Bosco’s acts
on the principle of vicarious liability.

36. A driver of a motor vehicle tries to cross a railway line

as a hooting train approaches. His motor vehicle is
knocked by the train and is damaged beyond repair.
What defense is available to the owner of the train?
 Voluntarily assumption of risk (Volenti non fit
injuria)
 Contributory negligence

SECTION E
CIVIL PROCEDURE
37. Name (4) four types of orders that can be granted by the
High Court in judicial review.
 Mandamus
 Certiorari
 Injunction
 Prohibition
 Declaration
Refer to section 36 (1) of the Judicature Act Cap 13.

38. An in infant must file a suit in court through:

 Next of friend or;
 Guardian ad litem
9
39. While in criminal cases, prosecution must prove a case
beyond reasonable doubt, in civil suits, the plaintiff must
prove the case …………;
 On balance of probabilities

40. The following are the conditions which must exist

before a court of law can grant a temporary injunction to
a litigant.
 A pending suit filed with prima facie case
 Need to maintain the status quo
 That the applicant is likely to suffer
irreparable damage
 If the court is in doubt of the above
conditions, then balance of convenience is
considered.
Refer to the case of James Musisi Senkaaba V
Ruth Kalyesubula HCMA 329 of 2001 where
Justice Lugayizi mentioned the above
conditions.

41. Name three instances in which a review of judgment or

order can be made by the High Court. What is the
procedure for making an application for review?
 In case of discovery of new and important matter
or evidence which after the exercise of due
diligence, was not within the knowledge of the
applicant or could not be produced by him or her
at the time when the decree was passed
 In case of a mistake or error apparent on the face
of the record
 In case of any other sufficient reason such as
Refer to Section 82 of the Civil Procedure Act Cap 71,
Order 46 of the Civil Procedure Rules SI 71-1

10
The procedure is by way of motion on notice as provided
for under Order 46 rule 8 of the Civil Procedure Rules
SI 71-1

42. Identify the different ways through which a matter can

be taken to the constitutional court for determination.
 By Petition
 By referring to the constitutional court(by
reference).

43. A defendant who is served with summons in a suit under

summary procedure must take the following essential
steps in court to safeguard his or her interest otherwise a
default judgment may be obtained against him or her:-
 The defendant apply for leave of court to
appear and defend
 If the leave in unconditional, then the
defendant should appear on the dated
scheduled for hearing and defend, and;
 If the leave in conditional, then the defendant
should fulfill the required condition(s) before
appearing to defend.
Refer to Order 36 rule 3 of the Civil Procedure Rules SI
71-1

SECTION F
LAW OF EVIDENCE
44. “Any written or oral statement, or communicative
conduct made by persons otherwise than in testimony at the
proceeding in which it is offered, is inadmissible if such
statement or conduct is tendered either by proof of the
assertions implicit therein.”

11
 (a) State the rule of evidence represented in that
statement.
 Parole evidence rule

(b) Briefly explain the rationale for the rule.

 The rationale of this rule is that since parties
have reduced their agreement into a single
and final writing, then extrinsic evidence of
past agreements or terms should not be
considered.

45. “Evidence of opinion or belief of a witness is irrelevant

hence inadmissible. The witness testifies as to fact and it is
the role of the court to form its opinion from the facts.”
(a) State one exception to the rule.
 Expert opinion
(c) Mention one situation where that exception will
apply.
 In case a situation such as proving hard
writing where a hand writing expert will be
required to give expert opinion in that regard.

46. A suspect in a murder case was tortured after arrest as a

result of which he confessed to a police constable. On the
basis of that confession, the suspect led the police to the
place where the body of the deceased was found, hidden in a
thicket in a remote place.
Explain whether or not any of that evidence will be
admissible against him at the trial.
 Evidence acquired through illegal means is
inadmissible at the trial.

47. A court is conducting trial of an accused for the offence

of assault. The advocate representing the accused intends to

12
call the accused‟s employer to testify that for five years he
has known the accused as a peaceful and pious person.
Explain whether or not that evidence will be admissible at
the trial.
 Yes, that evidence will be admissible at the
trial since evidence of good character is
admissible.

48. Give three situations when is secondary evidence

admissible.
 In case the primary evidence is destroyed
 In case of a certified copy

SECTION G
CRIMINAL LAW
49. There are four categories of culpable mental states as
listed hereunder in random order. Arrange them in order of
degree of blameworthiness from the lowest to the highest
and briefly define what is involved in each of them.
a) Recklessness
b) Knowingly
C) Intentionally
d) Criminal negligence

 Criminal negligence
 Recklessness
 Knowingly
 Intentional

Criminal negligence
A person is criminally negligent for the result of his/her
conduct when he or she ought to be aware of a substantial or
unjustifiable risk that the circumstances exist or the result
will occur.
13
Recklessness
A person is reckless an liable for the result of his or her
conduct if he or she is aware of the likely effect of his/her
conduct but consciously disregards a substantial and
unjustifiable risk that circumstances exist or the result will
occur.
Knowingly
A person acts knowingly, or with knowledge with respect to
the nature of his/her conduct or to circumstances
surrounding his or her conduct when he or she is aware of
the nature of his or her conduct or that the circumstances
exist.
Intentionally
A person acts intentionally, or with intent with respect to the
nature of his or her conduct or to a result of his conduct
when it is his conscious objective or desire to engage in the
conduct or cause the result.

50. Briefly explain three different circumstances in which a

person can be found criminally liable for the acts of another.
 In case of compulsion
 Joint offenders

51. Distinguish between the defence of insanity and that of

diminished responsibility.
 The defence of diminished responsibility is based
on the belief that certain people because of their
mental impairment, disease are incapable of
possessing the mental state required to commit an
offence. It is a partial defence and reduces the
sentence or the offence, therefore it cannot lead to
a verdict of not guilty.
 Insanity is a complete defence and the accused
will be acquitted if successful. The defence of
14
 insanity is in two forms. First, where it is claimed
that the accused committed the crime when he or
she is insane at the material time of its
commission.
Secondly it can be raised at trial that the accused
is insane and therefore cannot understand the
charges against him or her and hence not
imposition to defend him/herself.

52. Explain what you understand by the term “Inchoate

offences” and mention two categories of such offences.
 Inchoate offences are preliminary crimes or
crimes committed as a preparation for
committing another crime. Categories of
inchoate offences include: Attempt to commit a
crime, Conspiracy, Solicitation among others.

53. Mistake of fact is a defence only if it;

(Circle the correct answer).
a) Is subjectively reasonable
b) Involves the harm element
c) Is proven on the preponderance of evidence
d) Negates an element of the crime
e) Involves an inchoate offence
f) None of the above

SECTION H
CRIMINAL PROCEDURE
54. Afande has been charged with assault in a Magistrate‟s
court. On what grounds would he be released on bail?
 Presenting substantial surit(ies)

15
  Ground that he is presumed to be innocent before
he pleads guilty or pronounced guilty by Court of
competent Jurisdiction.
 Having a fixed place of abode in Uganda or
within the Jurisdiction of Court
 That he will not interfere with the investigations

55. Give three instances in which offenders may be tried

together on the same charge sheet.
 If the offenders are charged of the same offence
committed in the course of the same transaction.
 If the offenders are charged of an offence and also
persons accused of abetment or of an attempt to
commit that offence.
 If they are accused of different offences
committed in course of the same transaction.

56. List all the different pleas available to an accused person

in response to a charge.
 Plea of guilty
 Plea of not guilty
 Plea of previous conviction or acquittal
 Plea of pardon

57. A magistrate tried, convicted and sentenced an accused

person to seven years‟ imprisonment. The convict then
insulted the Magistrate whereupon the Magistrate increased
the sentence to ten years. Explain whether or not the ten
year sentence was lawful.
 The increase of the sentence to 10 years was
unlawful since after passing the sentence of 7
years, the magistrate thereby became fuctus
officio, she could not legally change the sentence.

16
 SECTION I
APTITUDE
58. Section 8 (8) of The Advocates Act, as amended, lists
the persons eligible for entry of their names on the roll of
advocates for Uganda as follows:
(8) This section applies to a person who-
(a) is the holder of a degree in law granted by a
university in Uganda; or
(b) is a Uganda citizen and –
(i) a holder of a degree in law obtained from
a university or other institution recognized by
the law Council in a country operating the
common law system; or
(ii) has been enrolled as a legal practitioner
by whatever name called, in any country
operating the common law system and
designated by the law Council by regulations;
or
(iii) holds a qualification that would qualify
him or her to be enrolled in any country
operating the common law system and
designated by the common law Council by
regulations.
Which of the following statements is false in respect
to the above provisions? (Circle the correct answer)
A. Any Kenyan who holds a degree in law granted
by Uganda University is eligible.
B. A Ugandan Barrister practicing in England is
eligible.
C. A Tanzanian with an LLB degree from Makerere
University can be enrolled.
D. An Indian with a degree in law granted by a
university in a country operating the common
law system may be enrolled.

17
 E. A Ugandan who is already qualified to be
enrolled in any country which does not operate
the common law system is not eligible for
enrolment in Uganda.
59. “Take down any volume of the published law reports
and look at the beginning of a case. At the head are what are
called the catchwords, indicating briefly what the case is
about. They enabled the reader to make sure that the case is
relevant to the point of current concern. Then comes the
headnote, which is again not part of the report but simply a
summary written by the report. Occasionally inaccurate, it is
nevertheless useful as a guide to the judgments. Sometimes
the first judgment is delivered by the senior member of the
court when dissenting; if the student reads it without having
consulted the headnote, the reader will for quite a time
labour under a misapprehension as to what was decided.
Obviously, it is better to read the judgment of the majority
first, though disserting judgments may be valuable because
they find favour in higher court if the point is carried
further, or because the dissenter may express a particular
point upon which he is not dissenting in a particularly
illuminating way”.
(Adapted from Glanville Williams: Learning the Law,
London, Sweet & Maxwell, 2006)
Which of the following statements is accurate in relation to
the above extract? (Circle the correct answer).
A. The dissenting judge delivers his judgment first.
B. Headnotes are misleading.
C. A dissenting judge may agree with the other judges
on an issue.
D. The reader of a law report can only know what the
case is about by reading the catchwords.
E. Dissenting judgments are favoured by higher courts.
60. “….. there must be a curriculum designed to produce
broadly-educated lawyers. The students must clearly be
18
taught to think like lawyers, but the purpose of a university
law training should be to produce lawyers who can not only
handle legal plumbing, but are also capable of performing as
legal architects through evaluating the policies underlying
legal doctrines. In short the LL.B. syllabus must ensure that
the students see law as part of the Uganda society, and are
exposed to law in terms of the historical, economic, social
and political influences in their country. Thus the LL.B.
students will acquire the most important legal skill-the
ability to think legally-and sufficient knowledge of
substantive law to ensure their ability to perform with credit
during their year at the Law Centre……”
(Adapted from Gower, et al, Legal Education in Uganda,
Government Printer, Entebbe, 1969).
Which of the statements below best captures Gower‟s
argument in the above extract? (Circle the correct answer).
A. Law should be combined with other courses.
B. Law should be studied in context.
C. Law students should be introduced to architecture at
the university.
D. It is impossible to teach law in its pure form.
E. Lawyers should be policy makers.
61. Last year Hadija Muyonjo got a job as a manager. She is
entitled to two days of paid leave for every month worked.
Days when she is off duty to attend to personal matters are
not counted in computing her annual leave entitlement.
Hadija has worked continuously for the last twelve months,
except when she was away for the whole June on her
honeymoon. Hadija‟s leave entitlement is therefore: (Circle
the correct answer).
A. 24 days
B. 12 days
C. 2 days
D. 11 days
E. 22 days
19
62. Situation: The government of Zamunda charges a lot of
money for tourist visas in order to raise money to develop
tourist attractions.
Analysis: The greater the success in achieving the first
objective, the less will the success in achieving the second
objective.
In which of the following additional situations would the
above analysis be equally appropriate? (Circle the correct
answer).
A. A city charges very high parking fees in order to
discourage motorists from entering the city centre.
The money raised shall be used to fund the widening
of roads.
B. A prestigious university charges high tuition fees in
order to limit the size of classes to a manageable
number. The extra money raised is used to pay good
salaries to lecturers.
C. Alcohol should not be sold in sachets containing less
than 100ml. Less students will be able to afford and
consume alcohol.
D. Secondary education is free. More students will
therefore proceed to university.
E. The farmer shall not replace the stolen cows. The ext
pasture now available shall be used to improve the
nourishment of the existing cows in order to increase
milk production.

SECTION J
VALUES

63. Assuming you were an advocate instructed to

represent terrorism suspects involved in the 7/11
Kampala bombings, would you take up the instructions?
Give reasons for your answer.

20
64. Give at least three reasons why you would like to
pursue the Bar course.

-END OF EXAMINATION-

21
2011 EXAM

SECTION A
LEGAL METHODS
1. State what you know about the “reception date”.
 The reception date is the date when the laws that
were in force in England gained force in Uganda
by virtue of the 1902 Order in Council.

2. Explain the meaning of the statement “equity aids the

vigilant but the indolent”.
 It means that an adversary can lose evidence,
witness, and a fair chance to defend himself or
herself after the passage of time from the date that
the wrong was committed. Therefore, equity aids
those who advocate for their rights but not those
who sit on their rights.

3. What is an unreported case?

 An unreported case is a decided case which has not
been recorded in a law report.

4. “Lord Denning, MR”, What does MR stand for?

 Master of Rolls

5. How do you distinguish a case?

 I distinguish a case by comparing a decided case to
a given set of facts or another decided case and
hence coming up with a difference between the two.

6. What is a dissenting judgment?

 A dissenting judgment is a judgment of Court that
is contraryto the majority judgment.

22
7. The civil Procedure Rules are cited as S. I 71-1. What is
the meaning of that citation?
 The citation means that the civil Procedure Rules
are the first Statutory Instrument of the Act of
Parliament cited as Cap 71.

8. Explain what you understand by an adversarial system of

justice.
 Adversarial system of Justice also known as
adversary system is a legal system used in common
law countries where two advocates represent their
parties‟ case or position before an impartial person
or group of people, Usually a judge, Justices or a
jury, who determine the truth and pass a judgment
accordingly.
9. What are Halsbury‟s Laws of England?
 Halsbury‟s Laws of England is an authoritative
encyclopedia of law in the England and Wales,
arranged by subject, with several indexes and
updating services.

10. Is it possible to have customary criminal law Uganda?

Give reasons for your answer.
 No, it‟s not possible. The reason is thataccording to
Article 28 (12) of the Constitution of the Republic
of Uganda, 1995, except for contempt of Court, a
person can only be convicted of a criminal offence
which is prescribed by the law and the penalty is
well provided for. As for Customary law, it‟s not
written.

SECTION B
23
 CONSTITUTIONAL LAW
11. Distinguish between “the constitution” and
“constitutionalism”.
 The Constitution a written or unwritten law that
sets out the aspirations of the people of a given
nation, the way they want to be governed and it‟s
always the supreme law, Whereas,
 Constitutionalism is the spirit of natives of a
particular State that calls for adherence to the
Constitutional Principles and guidelines.

12. State one country with an unwritten constitution.

 England

13. Briefly explain the contribution of Hans Kelsen to

constitutional law.
 Hans Kelsen propounded the principle of „pure
theory of law in that the legal system must be „pure‟
that is, self-supporting and not dependent on
extralegal values. The validity of each law, or legal
norm, is traced to another legal norm. Ultimately,
all laws must find their validity in the society‟s
basic norm known as grundnorm.

14. What is meant by entrenched articles of the constitution?

 Entrenched Articles of the Constitution are
provisions or Articles of the Constitution that
cannot be amended by parliament but rather need a
referendum to be amended. In Uganda, Article 260
(2) provides for the entrenched Articles of the
Constitution of the Republic of Uganda, 1995.
15. Define a secular republic.
 A secular republic is a Republic that does not have
a State religion.

24
16. Briefly state the advice you would give to the Minister of
Foreign Affairs if the presidential and foreign affairs
committee of Parliament ordered him to establish a Uganda
Embassy in Somalia.

 The minister is appointed by the President,

therefore he or she is accountable to the President
of Ugandanot parliament.

17. Distinguish between a presidential and parliamentary

system of government.
 In a Presidential system of government the
President is the leader of the executive/cabinet and
is directly voted upon by the people, whereas
 In Parliamentary system of government the
executive leader is the Prime Minister, whom is
elected from the legislative branch directly
(Parliament).

18. What is a constituent Assembly?

 A constituent Assembly or constitutional Assembly
is a body or assembly of popularly elected
representatives composed for the purpose of
drafting or adopting a document called the
Constitution.

19. Define universal adult suffrage.

 This is a concept also known as general suffrage or
common suffrage, consists of the right to vote of all
adult citizens, regardless of property ownership,
income, race, sex, or ethnicity, subject to
democratically accepted exceptions.

20. What is a regional tier?

25
  A regional tier is a regional government of two or
more districts that are wishing to cooperate with
each other; however the regional government is
always under the central government. Article 178
of the Constitution of the Republic of Uganda, 1995
provides for the regional governments.

SECTION C
LAW OF CONTRACT
21. A shop keeper displayed mobile telephones on the shop
shelves. Dalausi walked in and bought two telephones.
Between the two, who made the offer, and who accepted?
 Dalausi made the offer and the shop Keeper
accepted the offer. Goods displayed in a shop are
invitation to treat, inviting people to make an offer.

22. The grocer overcharged a widow by selling to her a

kilogram of sugar at shs. 10,000. Advise whether the widow
has a cause of action.
 No, the widow has no cause of action. This based
on the Principles of consideration that
consideration need to be adequate but not
sufficient,
 and also the principle of freedom of contract.

23. Distinguish between misrepresentation and non

disclosure.
 Misrepresentation is a false statement made prior to
the conclusion of a contract and induces another
party to enter into a contract, whereas,
 Non disclosure is where a party does not disclose or
bring to the attention of the other party an

26
 important aspect or defect in the subject matter of a
contract.

24. State one category of contract which is not illegal but

common law considers it void on grounds of public policy.
 A contract ousting the jurisdiction of Court.

25. Mr. Kifaalu purchased a computer and was issued with

a receipt after paying the price. Give your opinion on
whether the receipt is a contractual document.
 No, the receipt is not a contractual document.
Reason being that any term that is brought at the
attention of the parties after conclusion of the
contract does not bind the parties. In the instant
case, the receipt was brought after concluding the
contract (paying the price) hence it‟s not a
contractual document.

26. A policeman deployed a dog to track down a thief after

being promised lunch by the L.C.1 chairman. No lunch was
provided. Advise the policeman
 The policeman cannot recover from the L.C.1
chairman since he was exercises his duty as a
police man, and it was done in the course of
employment.

27. When are parties to a contract said to be in pari delicto?

 Parties are in pari delicto when they are both in
equal fault

28. Explain the meaning of novation.

 Novation means a situation whereby the obligations
in a contract are transferred to a third party.

27
29. State the ordinary common law remedy for breach of
contract
 Damages

30. Illustrate the meaning of accord and satisfaction

 Accord is the agreement by which the obligation is
charged; for instance in a contract to supply to
supply beans, the parties agree to supply maize,
whereas,
 Satisfaction is the consideration which makes the
agreement operative; therefore the supply of maize
is the satisfaction

SECTION D
LAW OF TORTS
31. In your own words explain the “neighbor principle”.
 Neighbor principle states that you must take
reasonable care to avoid acts or omissions which
you can reasonably foresee would be likely to
injure your neighbor.
This Principle was laid down in the case of Donoghue V
Stevenson (1932) AC 562

32. Explain the meaning of remoteness of damage.

 Remoteness of damage relates to the requirement
that the damage must be of a foreseeable nature.
Remoteness of damage also connotes to the fact
that damage must be a direct consequence of the
defendant‟s breach of duty of care.
See the case of Wagon Mound no 1 [1961] AC 388
where the House of Lords held that the principle in Re
Polemis should no longer be regarded as good law. A
test of remoteness of damage was substituted for the
28
 direct consequence test. The test is whether the damage
is of a kind that was foreseeable. If a foreseeable type
of damage is present, the defendant is liable for the full
extent of the damage, no matter whether the extent of
damage was foreseeable.

33. List the claims which a plaintiff can make in a suit under
the Law Reform (Miscellaneous Provisions)
Act.
 Loss of earnings/expectations
 Loss of services
 Loss of services of a child
 Loss of consortium

34. Malaika took her wedding gown to the drycleaner for

cleaning, but he donated it to his fiancée. What would be
Malaika‟s cause of action against the drycleaner?
 Detinue

35. Betty telephoned her lawyer and told him that “all
lawyers are thieves, including yourself”. Advise if those
words are actionable.
 No, the words are not actionable. They word have
been actionable in defamation if they were
published; that is, communicated to a third party.

36. Petero was admitted to hospital for a hernia operation.

Immediately after performing the hernia operation the
surgeon on his own volition also circumcised Petero
allegedly to lower his risk of contracting HIV. Does Petero
have a cause of action? Give a reason for your answer.
 Yes, Petero has a cause of action that is, trespass to
the body. This is so because the doctor did not seek
consent of Petero before circumcising him.

29
 SECTION E
CIVIL PROCEDURE
37. What is joinder of parties?
 Joinder of Parties is whereby all persons who are
parties to a subject matter who share a right or
relief arising out of the same transaction or series
of acts or transactions, before the same court, with
same questions of law and fact are joined in one
case.
See Order 1 rule 1 of the Civil Procedure Rules SI
71-1

38. The Attorney General has been served with a plaint in

which the alleged cause of action is stated to be “an
accident caused by the negligent driving of an army vehicle
on 1st January 2011 in the northern part of Uganda”. What
step can the Attorney General take to be able to prepare a
meaningful defence?
 Seek for further and better particulars.

39. Define a representative suit.

 A representative suit is a suit brought by one party
with permission of court on behalf of numerous
persons having the same interest in the same suit.
See Order 1 rule 8 of the Civil Procedure Rules SI
71-1
See Ibrahim Buwembo, Emmanuel Sserujogi and
Zubairi Muwwanika for and behalf of 800 Others
V UTODA Ltd HCCS No.664 of 2003
Note: Unlike joinder of parties, representative suits
are applicable where the plaintiffs or defendants
are numerous in number.

30
40. What is the meaning of the phrase “costs follow the
event”?
 The phrase “costs follow the event” means that a
successful party to a suit is entitled to costs spend in
the suit.

41. State three possible remedies available to a party

aggrieved by a decision of a magistrate.
 Review
 Revision
 Appeal
42. A defendant was served with summons on 31st July 2011,
giving him 15 days to file a defence. He just put the papers
in his drawer and forgot about them. What advice would you
give him today?
 I would advise him to apply for extension of time to
file a defence upon showing sufficient reasons for
extension.
Section 96 of the Civil Procedure Act Cap 71 and
Order 5 rule 2 the Civil Procedure Rules SI71-1 is
instructive on this matter.

44. What steps must a successful litigant take in order to

realize the fruit of the judgment?
 Extract a decree
 Apply for execution of a decree
 Procure execution order
 Then execute the decree

SECTION F
LAW OF EVIDENCE

31
45. Explain the basis on which courts distinguish between
relevant and irrelevant evidence.
 The basis is proving or disproving a fact in issue.
 Relevant evidence is such evidence that proves or
disproves a fact in issue, whereas
 Irrelevant evidence is such evidence that does not
prove or disprove a fact in issue.

46. Distinguish between an admission and a confession.

 An admission is the acknowledgement of a
statement or a fact in the case, whereas,
 A confession is an unequivocal plea accepting the
guilt, liability for the commission of the offence.

46. Which of these factors is not relevant to the

determination of the competence of a witness to testify in
court? (Circle the correct answer)
A. Advanced age
B. Personal interest in a case
C. Mental state
D. Infancy
E. Illiteracy

47. Explain what you understand by taking judicial notice of

a fact.
 I understand judicial notice of a fact as a situation
whereby Court allows a fact to be introduced into
evidence if the truth of that fact is so notorious or
well known, or so authoritatively attested, that it
cannot reasonably be doubted.

48. Illustrate the meaning of corroboration.

 An illustration of corroboration can be whereby
there is a case of rape and the only eye witness is a
child of tender years, a child‟s evidence can be
32
 supported/corroborated with evidence of other
witness who heard a lady shouting out for help, or
any other evidence in support.

49. The mother of a defilement victim testified during

examination in chief by the prosecuting attorney that her
daughter was 19 years old at the time of the alleged
offence. What would call the mother?
 Hostile witness
50. Define a leading question.
 A leading question is a question that suggests a
particular answer.

51. In your own words explain the parole evidence rule.

 Parole evidence rule is a rule which excludes
extrinsic evidence by documentary evidence. The
rule prevents the introduction into evidence of prior
or contemporaneous negotiations and agreements
that contradict, the terms of a written agreement
when the written agreement is intended to be a
complete and final expression of the parties‟
agreement.

52. Distinguish between burden of proof and standard of

proof.
 Burden of Proof is the onus of proof. For instance
the Burden of Proof in criminal matters in on the
Prosecution whereas in Civil Matters the Burden of
Proof is on the Plaintiff.
 Standard of proof is the degree of proof required to
prove a particular matter; for instance in criminal
matters the Standard of Proof is „beyond
reasonable doubt‟ whereas in civil matters the
standard of proof is „balance of probabilities‟
33
53. Name one instance in which a non author of a document
may be allowed to tender it in evidence to prove its
contents.
 In case the author of the document is dead or
missing

SECTION G
CRIMINAL LAW
54. Explain the difference between theft and robbery
 The difference between theft and robbery is that
whereas in both offences there is stealing, if a
person at or immediately before or after the
time of stealing uses or threatens to use actual
violence to any person or property in order to
obtain or retain the thing stolen or to prevent or
overcome resistance to its being stolen or
retained, then it amounts to robbery.

55. What characteristics renders inchoate offences

punishable yet having a mere evil intention is not?
 The characteristic of “beyond mere
preparatory”

56. Under what circumstances is the use of deadly force

upon or toward another person justifiable?
 In case of self defence, defence of other or
defence of property provided that the force used
in reasonable in the circumstances.

57. State a circumstance in which intoxication can be a

defence
 In case the level of intoxication barred a person
from understanding what he or she was doing.
34
58. When an offence is of strict liability, which of these
defences cannot be raised? (Circle the correct answer).
A. Accident
B. Possession of a valid license
C. Mistake of fact
D. Medical presentation
E. Provocation
F. Immunity

59. A visitor from Rwanda was found driving on the right

hand side of the road in Uganda. When he was charged and
tried for careless driving he pleaded that in Rwanda they
drive on the right hand side so he thought it was the same in
Uganda
Advise him on the likely decision of the court.
 The Court is likely to pass a decision against
that visitor since ignorance of the law is not a
defence

60. Distinguish between a felony and a misdemeanor

 A felony is an offence which is declared by law
to be a felony or, if not declared to be a
misdemeanor, is punishable , without proof of
previous conviction, with death or with
imprisonment for three years or more (Section 1
(e) of the Penal Code Act Cap 120), whereas,
 A misdemeanor is any offence which is not a
felony (Section 1 (n) of the Penal Code Act Cap
120). It‟s worth noting that a misdemeanoour is
always punishable with three years or less than
three years.

35
61. Bob wrote a reminder in his dairy to steal property from
children returning home for school holidays. He forgot the
diary in a taxi and it ended up with the police as a lost and
found property. When the police read the diary Bob was
charged with conspiracy to commit the offence of the theft.
Advise him on his criminal liability.
 Bob is not criminally liable since for conspiracy,
there must be two or more persons that have the
same intention of executing an unlawful act. More
so, the actions of Bob were not beyond mere
preparatory.

62. Malevu‟s daughter was defiled. He accepted a gift of a

goat from the suspect in order to settle the matter in the
village without reporting the case to the police. Explain
whether Malevu committed any offence.
 Malevu committed an offence of accessory after the
fact contrary to Section 393 of the Penal Code Act
Cap 120; since he assisted the suspect he well knew
that he is guilty of an offence of defilement
enabling him to escape punishment.

63. State anything you know about the Mcnaghten rules.

 Mcnaghten rules is a test applied to determine
whether a person accused of a crime was sane at
the time of its commission and, therefore,
criminally responsible for the offence committed.

SECTION H
CRIMINAL PROCEDURE
64. Which of the following four statements about bail is
true? (Circle the correct answer)
36
 A. The constitution guarantees that accused persons
must be granted bail
B. Bail lapses once an accused person is committed
to the High Court for trial
(Note that this position changed)
C. Upon conviction, an accused person forfeits or
loses his or her bail money
D. Treason is not a bailable offence

Note: the above position changed.

65. Briefly state the different outcomes of a voire dire

 Giving of sworn evidence
 Giving unsworn evidence

66. Name the courts in respect of which the Director of

Public Prosecutions has no authority to commence or direct
prosecutions.
 Court martial

67. Explain what is meant by serving sentences

concurrently.
 It means that the convict is serving all sentences at
the sometime.

68. What is an equivocal plea?

 An equivocal plea is one that is contradictory,
where the accused pleads guilty, but adds
something that indicates a defence.

69. Explain what you understand by confirmation of a

sentence
 Confirmation of a sentence is when a sentence
passed by the magistrate court is forwarded to the

37
 High Court for confirmation as provided for under
Section 173 of the Magistrates Courts Act

70. State any preferential treatment which is available to

children charged with criminal offences, but not to adult
offenders.
 Their names are not indicated in the citation of the
case

71. A magistrate tried a person for murder and sentenced

him to death. Should the convict appeal or apply for
revision? Give a reason for your answer
 The convict should appeal against the conviction
since the magistrate exercised powers that he or she
did not have, and hence the accused has a right of
appeal. However, revision is applicable whereby the
intention is toexamine again in order to remove any
defect or irregularity in the judgment or in the
proceedings.

SECTION I
APTITUTE
72. Order LI rule 9 of the Civil Procedure Rules provides as
follows:
(1) Service of pleadings, summonses, other than summonses
on plaints, orders, rules and other proceedings shall
normally be effected before the hour of six in the afternoon.
Except on Saturdays when it shall normally be effected
before the hour of one in the afternoon.

(2) Service effected after the hour of six in the afternoon on

any weekday except Saturday shall, for the purpose of
computing any period of time subsequent to the service, de
deemed to have been effected on the following day; service
effected after the hour of one in the afternoon on Saturday
38
shall for the like purpose be deemed to have been effected
on the following Monday.

Which of the following statements is false in respect to the

above provisions? (Circle the correct answer)
A. Service of summonses on plaints can be effected at
any time
B. Service can be effected on Saturday evening
C. Service on Friday at 7:00 p.m is deemed to have
been effected on Saturday
D. Service can effected at 6:00 a.m on Monday.
E. Service cannot be effected after one o‟clock on
Saturday

73.”Write in a way that draws the reader‟s attention to the

sense and substance of the writing, rather than to the mood
and temper of the author. If the writing is solid and good,
the mood and temper of the writer will eventually be
revealed and not at the expense of the work. Therefore, the
first piece of advice is this; to achieve style, begins by
affecting non-that is, place yourself in the background. A
careful and honest writer does not need to worry about
style. As you become proficient in the use of language, your
style will emerge, because you yourself will emerge, and
when this happens you will find it increasingly easy to break
through the barriers that separate you from other minds,
other hearts-which Is, of course, the purpose of writing, as
well as its principal reward. Fortunately, the act of
composition, or creation, disciplines the mind; writing is
one way to go about thinking, and the practice and habit of
writing not only drain the mind but supply it, too.”
(Adapted from William Strunk JR and E.B White: The
Elements of Style, 4th edition, Longman, 2000).

39
Which of the following statements best describes the
author‟s views in the above extract? (Circle the correct
answer)
A. The mood and temper of a writer are not important
B. Writing supplies new ideas to the mind
C. A writer should not adopt any style
D. Good writing will easily communicate the author‟s
style, temperament and ideas to the reader
E. Without composition and creation the mind becomes
indisciplined

“… A prince, however should be slow to believe and to act

nor should he be too easily alarmed by his own fears, and
should proceed moderately and with prudence and
humanity, so that an excess of confidence may not male him
incautious, nor too much mistrust make him intolerant. This
then, gives rise to the question „whether it be better to be
beloved than feared, or to be feared than beloved‟. It will
naturally be answered that it would be desirable to be both
at the same time, it is much more safe to be feared than to be
loved, when you have to choose between the two. For it may
be said of men in general that they are ungrateful and fickle,
dissemblers, avoiders of danger, and greedy of gain. So long
as you shower benefits upon them, they are all yours; they
offer you their blood, their lives and their children, provided
the necessity for it is far off; but when it is near at hand,
then they revolt. And the prince who relies upon their words,
without having otherwise provided for his security, is
ruined; for friendships that are by rewards, and not by
greatness and nobility of soul, although deserved, yet are
not real, and cannot be depended upon in time of
adversity”.
(Adapted from Machiavelli, the
Prince, Wordsworth classics
of World Literature, London, 1997).
40
Which of the statements below is false in respect of the
above extract? (Circle the correct answer).
A. A ruler should implement decisions slowly.
B. It is good for a ruler to be feared and loved by the
people
C. The people‟s fear is more useful to the ruler than
their love
D. Opportunists are not loyal
E. A rule should take time before making a decision

75. The following is an extract from the call tariff structure

of the Banana Telephone Network;
“From 0700 hrs to 2359 hrs – 2 shillings per
second”
“From 0000 hrs to 0659 hrs – 1 shillings per
second”
A made a call to B at 12 noon and it lasted 2 minutes. He
made another call to C at 11:00 pm and it lasted 1 minute.
Compute the total cost of those two calls.
(Circle the correct answer).
A. 120 shillings
B. 60 shillings
C. 180 shillings
D. 360 shillings
E. 240 shillings

76. The discovery of oil in some African countries let to the

decline of the agricultural sector. Oil production in Uganda
may therefore lead to: (Circle the correct answer)
A. Famine
B. Drought
C. Increased food prices
D. Agriculture contributing more to GDP
E. Ugandans consuming oily foods

41
 SECTION J
VALUES
77. Briefly outline your views on the proposal in Uganda
that persons charged with murder, treason, rape, rioting
and economic sabotage should not have a right to apply to
be released on bail until after six months

78. Lawyers are sometimes accused of being elitists. In what

ways can a lawyer make himself/herself relevant to society
in a developing country like Uganda?

END OF EXAMINATION

42
2012 EXAM
SECTION A
LEGAL METHODS
1. What is the relevance of the website www.ulii.org?
 www.ulii.org provides Uganda legal
information such as Laws (Acts of
Parliament), decided cases from the Courts of
Record and other legal information.

2. Explain the meaning of “the meaning of “applied

law”
 Applied law means the provisions of law such
as Acts of Parliament, Rules, regulations, case
law or other laws that are relevant and
applicable on the facts in issue or support a
particular proposition.

3. Of what relevance to Uganda was the Judicial

Committee of the Privy Council until 1964/1967?
 The Judicial Committee of the Privy Council
had jurisdiction over appeals from the Court
of Appeal for Eastern Africa.

4. Is a 1974 decision of the Court of Appeal for East

Africa binding on the High Court of Uganda/ Give a
reason for your answer.
 No, it is not a Court of record above the High
Court, therefore it’s only decisions from the
Court of Appeal and Supreme Court of
Uganda that are binding on the High Court of
Uganda.

5. In some law reports, you will find the statement

“The house took time for consideration”.

43
 SOMETIMES THE Latin abbreviation cur.adv.vult.
is used. What is the meaning?
 It means that the House or Court took time off
to think about a particular matter or a
situation whereby the Court takes time for
deliberation after hearing counsel’s
submission.

6. Which theory of law best explains the basis for the

offence of being idle and disorderly? Give a reason
for your answer.
 The preventive theory of law explains the
basis for the offence of being idle and
disorderly.

7. In legal terms, the preparation of the 2000 Edition of

the Laws of Uganda consisted of:
A. Renaming Decrees as statutes
B. Law revision
C. Law reform
D. Amendment of existing statutes
E. Binding red and blue volumes

8. Which of the following expressions is correct?

A. Two counsel
B. State Antony
C. First Parliamentary Council
D. Learned counsels
E. Learned council

9. How can an international convention become law in

Uganda?
 An international convention becomes law in
Uganda upon being ratified and domesticated.

44
10. Who is the head of the Ugandan Bar?
 The President Uganda Law Society

SECTION B
CONSTITUTIONAL LAW
11. What was the Legco?
 The Legco (The Uganda Legislative Council)
was the predecessor of the National Assembly
of Uganda and it was the Legislative body of
Uganda prior to Uganda’s independence from
Britain.

12. Explain the meaning of “abrogation of the

Constitution?”
 Abrogation of the Constitution means
abolition of the Constitution.

13. Comment on a proposal for the Parliament of

Uganda to declare a national day of prayer for the
nation.
 Uganda is a secular Country with no State
religion. Therefore such declaration by
Parliament will be inconsistent with Article 7
of the Constitution of the Republic of Uganda,
1995.

14. What is the consequence if a Member of Parliament

who was elected on a party ticket becomes an
“independent”?
 Such a person shall vacate his or her seat in
parliament.
45
 See Article 83 (1) (g) of the Constitution of the
Republic of Uganda, 1995.
See the Case of Hon. Theodore Ssekikubo &
4ors Vs The Attorney General and 4ors
Constitutional Petition No.1 of 2015.

15. Under the Constitution of Uganda, a new district is

created by:
A. An Act of Parliament.
B. Decision of Cabinet
C. A resolution of Parliament
D. A presidential order
E. A statutory instrument by the Minister of
Local Governments.

16. State one option available to the president if he is

opposed to a bill which has been passed by
parliament.
 Return the bill to Parliament with a request
that the bill or a particular provision of it be
reconsidered by Parliament.
 Notify the speaker in writing that he or she
refuses to assent to the bill.
See Article 91 (3) of the Constitution of the
Republic of Uganda.

17. State any decided constitutional case from Uganda or

any country in the commonwealth.
 Hon. Theodore Ssekikubo & 4ors Vs The
Attorney General and 4ors Constitutional
Petition No.1 of 2015.

46
 18. Nanguzi was arrested at 7:00am and charged in court
at 9:00 am with abuse of office. Prosecutions was
ready with its witness, who duly testified. The
magistrate then ruled that Nanguzi had a case to
answer and required her to give her defence, which
she did at 2:00 pm Judgment was delivered the
following day whereby the accused was convicted.
Did Nanguzui get a fair trial? Give a reason for your
answer.
 No, Nanguzi did not get a fair trial. According
to Article 28 (3) (c) of the Constitution, an
accused person has to be given adequate time
and facilities to prepare for his/her defence.

19. State at least one resource under chapter Fifteen of

the Constitution (Land and Environment) which the
Government holds in trust for the people Uganda
 Minerals
20. The amendment of the 1995 Uganda Constitution can be
effected by
A. A Constitutional Review Commission
B. Constituent Assembly
C. A referendum
D. A majority of the District Councils
E. An Act of Parliament

SECTION C
LAW OF CONTRACT
20. The Contracts Act 2010 has codified the law of
Contract state one advantage or disadvantage of such
codification.
 The advantage is that is it provides for
certainty and consistency of the law.

47
  The disadvantage is that codification makes
the law non flexible

21. State one exception to the general rule in Pinnel‟s

case (1602)
 Part payment of a debt will constitute valid
considerationif it’s accompanied by another
form of consideration such as goods.
 Payment of a debt may also be sufficient if it
has been given in a different form, time, or
place

22. If a person makes a written pledge to contribute

money towards a friend‟s wedding, is that agreement
enforceable? Give a reason for your answer.
 No, that agreement is not enforceable, since an
important ingredient of Contract that is
consideration is missing.

23. A motorist asked a pump attendant at a fuel station

to fill his cat tank with petrol. The attendant instead
filled the tank with diesel, which damaged the
engine. When the motorist asked the station
management to compensate him, they referred him
to a notice which was prominently displayed at the
entrance to the station and reading that cars are
fueled at owners‟ risk. Advise the motorist
 The motorist has a cause of action in
negligence or breach of contract against the
fuel station since an exemption clause cannot
go to the root of a contract. Therefore the
notice displayed is unenforceable.

24. What is a simple contract?

48
  A simple contract is a contract which is not
reduced down into writing.
25. State one factor which is considered in determining
whether goods contracted for by an infant are
necessaries.
 The age of a child
 The social class of a child

26. Define innocent misrepresentation.

 Innocent misrepresentation is a false
statement made by one party who had
reasonable grounds for believing that his/her
false statement was true.

27. Briefly explain the contra proferentum rule.

 Contra proferentum rule is a rule in contract
law which states that any clause considered to
be ambiguous should be interpreted against
the interests of the party that requested that
the clause be included in the contract.
29. Mapengo received a job offer from Malibu and she
accepted it. Malibu then purported to withdraw the offer
after 2 days. Mapengo therefore sued Malibu for breach of
contract. Since then Mapengo spends all her time at home
reading novels. Comment on the likely consequence on her
conduct.
 Because of his conduct and failure to mitigate
damages, Mapengo is likely not to get
consequential damages.
30. Malala was booked to sing at a beach for 1,000,000 but
he cancelled the show due to a cholera outbreak in the area.
Give your opinion as to whether he is liable for breach of
contract.
49
  No, Malala is not liable for breach of contract
since the contract was frustrated by the
cholera outbreak in the area.

SECTION D
LAW OF TORTS
31. Name one consideration for determining whether a
person can bring an action for breach of Statutory Duty.
 Whether such a person has a right of action or
locus standi under the Statute

32. What do you understand by the term “Standard of

Care”?

 Standard of care is the degree of care

required of an ordinary person in the same
circumstances.
33. Mr. Swagga, an unemployed graduate, was knocked
down by a car on his way to attend a job interview, and was
admitted to hospital for two days. He missed the interview
and the job was given to the only other applicant. Advise
Mr. Swagga whether in an action for negligence against the
driver of the car, he can recover damages for the salary he
would have earned from the job he missed.
 No, the salary he would have earned amounts
to pure economic loss and hence Court is not
likely to order for damages for the salary he
would have earned.
34. Pilato bought a retired elderly police dog for his children
as a home pet. Recently the dog bit a passerby near his
home. Advise Pilato about his liability or otherwise

50
  Pilato can be sued under a tort of dangerous
animals. Where a person keeps an animal or
specie which is naturally dangerous that is; its
capable of causing harm, he or she is liable for
the damage or injury caused by that specie or
animal to any person (Scienter rule). Since
dogs are naturally capable of causing harm
and they indeed caused harm to a passerby, he
is liable for the injury caused.

35. Name one “economic tort”.

 Passing off
36. Kawuna bought a plot of land near a municipal rubbish
dumping site. He built thereon his dream home and
occupied it. He now complains that the smell from the
dumping site is unbearable and wants to sue the municipal
council. Assess his chances of success.

 He can sustain an action in nuisance

37. It is said that trespass to land is a continuing tort. What
does that mean?

 It means that as long as the trespasser chooses

to remain on a plaintiff’s land or fails to
remove any matter from that land, the
plaintiff can bring a number of actions against
the defendant. As long as the plaintiff
continues to suffer, there is a fresh cause of
action.
In the case Holmes v Wilson& Ors (1839) 10
Ad & El 503 the defendants erected a
buttresses to support a sinking road,

51
 necessitating trespass onto the claimants land.
The claimant sued and recovered damages,
but the defendant failed to remove the
buttresses so the claimant sued again.
See also the case of Oola Lalobo vs Okema
Jakeo Akech HCT 02 CV 0020 2004 before
Hon. Justice Remmy K. Kasule.
38. During a quarrel, Charlie pointed a toy gun at Akot and
told her that if this was a real gun, I would have shot you.
Advice Akot whether a tort was committed against her.

 No, there was no tort committed against her.

There would have been an action of assault if
in the circumstance a reasonable person
would apprehend infliction of immediate
harm, however telling her that “if this was a
real gun, I would have shot you” negates the
fact of apprehension of infliction of immediate
harm.
39. In your own words, explain what you understand by
occupier‟s liability.
 The law imposes a duty on a person who is in
control of land or property to conduct
him/herself in a certain manner, in order to
avoid injury on others that may be caused by
the dangerous or defective nature of the
property or premises
40. Who is a tortfeasor?

 A tortfeasor is a person who has commited a

tort.

52
 SECTION E
CIVIL PROCEDURE
41. How can a club which is unincorporated be used?
 It can be sued through its members trading as
t/a
42. The plaintiff sued the defendant for trespass, seeking an
eviction order. The defendant did not file a defence. There is
an affidavit of service on record. What step should the
plaintiff take?

 Move Court to issue a default judgment

43. Olympia filed a suit but on the day she had fixed it for
hearing she was absent from court because a taxi drivers‟
strike had paralyzed public transport. The magistrate
dismissed the suit for want of prosecution. What should she
do?

 She should apply for reinstatement of the suit.

44. A magistrate grade 1 has dismissed a defendant‟s
application to amend his defence. The defendant is
dissatisfied with the decision. Which of the following is the
best course of action for the defendant to take?
A. Appeal to the Chief Magistrate
B. Appeal to the Court of Appeal
C. Apply to the trial magistrate for leave to appeal to the
High Court
D. File a fresh application for amendment
E. Appeal to the High Court

53
45. Define misjoinder of causes of action
 A misjoinder of causes of action connotes to
the wrongful joining of causes of action in one
suit.
See Order 2 rule 4 of the Civil Procedure
Rules SI 71-1 on joinder of causes of action
46. An application for an interim order pleaded that if the
application was not granted, the main suit would be
“rendered nugatory”. What did he mean?

 It meant that the main suit would be useless

47. An American company with no assets in Uganda has
sued your client. After filing a defence, what step would you
take to safeguard your client‟s interests in the event that the
suit is dismissed?

 Apply for security for costs.

See Order 26 rule 1 of the Civil Procedure
Rules SI 71-1 on Security for Costs.
See NAMBOLO & Anor Vs Kala [1975] HCB
315, Where in Sekandi J observed that the
main consideration in an application for
security for costs are:
- Whether the applicant is being put to undue
expense by defending a frivolous & vexatious
suit
- That the applicant has a good defence to the
suit
- That the applicant/defendant is likely to win
Also read GM Combined V Ak Detergent C.A
No.7 of 1998

54
48. What is to compromise a suit?
 An agreement between two or more persons,
who, to avoid a lawsuit, amicably settle their
differences, on such terms as they have agreed
upon.
49. Define taxation of a bill of costs
 Taxation of a bill of costs is the determination
of costs payable by one litigant by another and
it’s done before the taxing master.
See Bank of Uganda V Bance Arabe Espanol
C.A No.23/1999: File bill costs in the registry,
serve the bill to each party, no alteration after the
bill is filled.
50. A plaintiff filed an application by motion instead of
summons in chambers as prescribed by the relevant rule. Is
the mistake fatal? Give a reason for your answer.

 No, the mistake not fatal. As long as the

mistake will not lead to a miscarriage of
Justice or affect the defendant, the Court can
invoke its inherent powers and also Article
126 (2) (e) to ensure that justice is
administered without undue regard to
technicalities.

SECTION F
LAW OF EVIDENCE
51. In a land dispute, the plaintiff called 10 witnesses. The
defendant called only 1 witness. The plaintiff now submits
that considering the number of witnesses he called to prove

55
his case, judgment should be given in his favor. What is
your comment on that submission?
 There is no particular number of witnesses
that are required in any case for proof of any
fact. Therefore Court can give a judgment in
favour of a party that called only one witness.
See Section 133 of the Evidence Act Cap 6
52. By which of the following is admissibility of evidence
determined? (Circle the correct answer)
A. Evidentiary hearing
B. Preliminary hearing
C. Scheduling conference
D. None of the above

53. “In order to be admitted, it must be shown to be

authentic and the person offering it must be able to show the
chain of custody from the original creator or place of
recovery”. Name the category to which it applies.

 Electronic evidence
54. What is an exhibit?
 An exhibit is any item or anything that has
been tendered and admitted by Court to be
relied on as evidence in a case.
55. A nurse comes home and tells his wife, “I am worried
for my health; this morning I attended to a patient who had
ebola symptoms”. Later that night he dies after sudden
bleeding and fever. At a trial to get death benefits, the wife
seeks to prove that his death was caused by an occupational
disease, by testifying as to what her husband told her. The
defendant hospital objects on the basis of hearsay. Outline a

56
reason you would present in an argument aimed at
persuading the court to admit that evidence.
 The statement made by the nurse amounts to
a dying declaration. Dying declaration is an
exception to the rule against hearsay. The
statement was made under a settled hopeless
expectation of death; therefore the wife is
competent to testify in the matter.
See Section 30 (a) of the Evidence Act Cap 6
on dying declaration.
See Jasunga V R (1954) 21 E.A.C.A 21 33,
Mbinga V Uganda 1965 E.A 71
56. Eve has been charged with theft of fruits. Her husband
Adam has offered to testify for the prosecution. State your
opinion about the admissibility of his evidence.
 Yes, the evidence is admissible. Section (1) (a)
of the Evidence Act Cap 6; in criminal
proceedings the wife or husband of the
accused person shall be a competent (but not
compellable) witness for the prosecution
without the consent of the accused person.
Since Adam was not compelled in that he just
offered himself to give evidence, his evidence
is admissible.

58. A magistrate is conducting a voire dire to determine

whether a child should testify. The child says he does
not know the meaning of an oath. What should the
magistrate do next?
A. Ask the child if he knows the difference between the
truth and lies
B. Discharge the child
57
C. Ask the prosecution to call an adult witness
D. Allow the child to testify not on oath
E. Allow the child to testify after affirming instead of
swearing
58. Dan sues Sara over a contract. At trial, Dan offers what
he asserts to be a photocopy of the original. Sara objects that
the photocopy is not an accurate reproduction of the
original, claiming that it includes clauses that were not in the
original. Dan testifies that he made the copy directly from
the original. Should the judge allow the photocopy into
evidence? Explain.

 No, the Judge should not allow the Photocopy

of a contract into evidence. This is because
documents must be proved by primary
evidence as provided for under Section 63 of
the Evidence Act Cap 6.

59. At Mufere‟s criminal trial for forgery of a cheque, the

investigating police officer testifies that the handwriting
on the cheque appears to belong to Mufere. When
questioned on the basis for her opinion, the witness
states that, “since I started the investigation of this case,
I have seen the accused‟s handwriting hundreds of times
and so I am familiar with it”. Is this evidence
admissible? Explain.
 No, the evidence is inadmissible. The police
officer is not a handwriting expert under the
provision of Section 43 of the Evidence Act
Cap 6.
See Hassan Salum V R (1964) E.A 126, Hussein
V R 1957 E.A 844

58
60. Jindu, a laws student, was charged with stealing a bottle
of liquor from a bar. The theft occurred during class
time. As part of Jindu‟s defence, he stated that he was
too busy attending a lecture to steal the liquor because
law school is so demanding. Jindu asked the Magistrate
to take judicial notice of the fact that law school takes at
least 40 hours a week of his time. The Magistrate,
remembering his law school days, agreed. Was the
Magistrate justified? Explain.
 No, the magistrate was not justified. It is not
soo notorious or clearly established that a law
student cannot get time to steal.
See Section 56 of the Evidence Act Cap 6 on
Judicial Notice,
Note: save for the above in Section 56, Court
can take Judicial Notice on Legal matters,
Constitutional matters and customary
matters.

SECTION G
CRIMINAL LAW
61. State at least the one policy reason behind the principle
of legality
 It avoids charging or convicting a person on a
non-existing offence.
62. Which of the following offences does NOT require
proof of a specific intent? (Circle the correct answer)

A. Murder
B. Arson
C. Robbery
D. Burglary
59
E. Forgery
F Attempt
63. Name one characteristic of a strict liability offence.

 There is no requirement of mens rea or guilty

mind/intention.
64. Which of the following defences is limited only to
specific offences and is not a general defence to all
offences? (Circle the correct answer)
A. Voluntary intoxication
B. Infancy or immature age
C. Insanity
D. Involuntary intoxication
E. None of the above

65. In which of the following situations will the first person

named NOT be responsible for the resultant death? (Circle
the correct answer)
A. A woman wishing to poison a neighbor‟s baby leaves a
poisoned “medicine” bottle with her neighbor‟s housemaid
who puts in on the shelf, thinking the “medicine”
unnecessary. Later, another child finds it and feeds it to the
baby. The baby dies.
B. During one night a husband beats his wife who runs
towards her parents’ house. Fearing embarrassment, she
stops along the way and instead hides in a thicket where
a hyena attacks her and mauls her to death.
C. R, while drunk drives a car in which P is a passenger.
Because he is drunk, R crashes, killing P. P would not have
died had he been wearing his seatbelt
D. None of the above

66. In which of the following situations will accessory

liability NOT arise? (Circle the correct answer)
60
A. A wife knowingly concealing evidence of her
husband’s crime
B. An unexpected outcome arising from the assistance given
C. The act committed was a probable consequence of the
abetment
D. The act was committed at one‟s instigation or in
pursuance of a conspiracy
E. When there is a shared common criminal intent
F. None of the above

67. Half a dozen young men from one village, while herding
their cattle, met and fought a group of other young men
from the neighboring village. They intended to scare them
away from the grazing land. One of the young men involved
in the attack suddenly produced a knife he had concealed
and stabbed one of the opponents to death.
Explain what has to be proved before the entire group may
be treated as accomplices in causing the death
 Common intention to prosecute an unlawful
act with one another, and that stabbing of the
opponents to death was a probable
consequence of prosecution of that unlawful
act.

68. X desires to burn down the offices of his former

employer. At which of these stages will his conduct
constitute an attempt to commit the offence? (Circle the
correct answer)A. He throws the burning newspaper onto a
stack of files which begin to burn
B. He buys a box of matches, old newspaper, and kerosene

61
C. He pours kerosene over the newspaper and lights it up
with a match
D. He walks into the building with the matches and other
combustible materials
E. He tells his wife about his intention
69. Outline the elements of the offence of burglary

 Breaking and entering any building, tent, or

vessel used as a human dwelling
 Intention to commit a felony in it
 Or: having committed a felony in in any such
building, tent or vessel, breaks out of nit
 The events should have happened at night that
is; the interval between half-past six o’clock in
the evening and half-past six o’clock in the
morning.
 Participation of the accused in the commission
of the offence

See Section 295 (1) & (2) of the Penal Code

Act Cap 120
70. Gita and Tendo have a history of not getting along. As
Gita was walking along the stairs on the tenth floor of a
building in Kampala, he met Tendo and walking in the
opposite direction. After an exchange of insults, Tendo
punched Gita in the face. Gita reacted by pushing Tendo
over the edge of the stairs, where he fell to his death 50 feet
below. May Gita properly claim self-defence? Explain

 No, the force used was unreasonable

62
 SECTION H
CRIMINAL PRODECURE
71. Which of the following terms does NOT relate to
proceedings that take place before the commencement of a
criminal trial? (Circle the correct answer)
A. Arraignment
B. Charging
C. Mention
D. Challenging for cause
E. Case to answer
F. Complaint on oath

72. Which of the following takes place at a preliminary

hearing? (Circle the correct answer)
A. Determining whether or not the crime occurred
within the court’s jurisdiction
B. Determining whether or not there are reasonable
grounds to believe the accused committed the
offence
C. Determining whether or not the accused is guilty as
charged
D. None of the above

73. A convict is sentenced to two years in prison, but the

entire sentence is suspended and the offender is allowed to
live in the community but under supervision of court. The
convict is said to be on. (Circle the correct answer)
1. Probation
2. Bail
3. Conditional release
4. Community service
5. None of the above
74. Which of the following standards of proof is not
required in any criminal trial? (Circle the correct answer)
63
 A. Preponderance of the evidence
B. Absolute certainty
C. Balance of probability
D. Beyond reasonable doubt
E. Moral certainty
75. For which categories of offences will an advocate be
appointed and assigned to defend an accused person who
cannot afford one?

 In capital offences, offences tried by the High

Court.
76. When an accused does not have to post any bail, but
promises to appear in court, he or she is. (Circle the correct
answer)
A. Being conditionally released
B. Being released on unsecured bail
C. Posting a deposit bail
D. Being released on recognizance
E. None of the above

77. After being acquitted of the offence of murder on

account of the court having not found a case to answer, an
accused was immediately re-arrested and charged with the
offence of manslaughter. Explain why this may be improper.
 It would be improper since it would amount to
double jeopardy since the accused would be
charged on the same facts.

78. A suspect is accused of having robbed three different

motorcycles, one from Masaka in December 2011, another
from Luwero in February 2012 and the last from Kampala in
July 2012. Explain whether or not those offences can be
joined on one charge sheet.
 No they cannot be joined on one charge sheet
64
79. Which of the following is not a mode of commencing a
criminal prosecution? (Circle the correct answer)
A. Charge and caution
B. Arrest and charge
C. Charge and issue criminal summons
D. Complaint on oath
E. Charge and issue warrant of arrest

80. One person is charged with treason and another with

defilement of a 17 year old girl. Each makes an application
for bail. Explain how different those applications will be, if
at all
 For the Bail in a charge of treason, the applicant
must prove exceptional circumstances since
treason is triable by the High Court, whereas in
defilement bail application, there is no need to
prove exceptional circumstances since defilement
is triable by the Magistrates Court.

SECTION I
APTITUDE
81. “The purpose of Council of Legal Education Act is inter
alia to uphold the best possible educational standards for
those who qualify to be advocates. There is no evidence that
the challenged decision is not within the policy and
objectives of the Act. If the council has considered four (4)
other attempts as the maximum permissible for all
candidates except for illness or any other just cause, a court
of law would have no reason to interfere with the merit of
the decision reached within the four corners of the Act and
the relevant regulation. A candidate who fails to satisfy the
requirements has only fate to blame and not the council of
Legal Education. Surely all manner of candidates would
want to qualify to become lawyers if given say 10 years or a
65
lifetime to pass the exams but is this the purpose of the Act
that is supposed to regulate such a crucial profession that
demands certain minimum standards for all candidates to
attain so as to render the best service to the nation? By
analogy the attempts at sitting the exams are equivalent to
the university entry – cut off points. Whoever said that the
courts could interfere in such matters and for what reasons.
As said before the youth see visions and the old dream
dreams. In real life however very few visions are ultimately
achieved or realized. It is not every student who can become
a lawyer or a doctor but this is not the end of life or
livelihood for those who fail to meet the requirements.
There are other professions where they can equally excel.
Even the old do not all see the realization for their dreams.
Confining ourselves only to the ability to earn a livelihood
in a particular career and as a result disregarding educational
standards is not proper and a sense of proportionality and
balance is called for including giving proper weight to
policy matters”.
Prof J.G Nyamu J, in Republic v The Council of Legal
Education, Ex Parte James Njuguna & Ors, Kenya High
Court Misc. Civ. Case 137 of 2004

Which of the following is accurate in respect to the above

extract?
A. The council of Legal Education Act has 4 parts
B. The applicants wanted to be given 10 years to pass
their exams
C. The old people never see the realization of their
dreams
D. The impugned decision of the Council of Legal
Education was Intra Vires
E. Candidate should pass their examinations after 4
attempts

66
82. A Ugandan law school has built its reputation for
academic excellence largely on significant contribution from
wealthy alumni who always accompany the school‟s “Moot
Court Team” to the annual competitions. Although the team
has won more international moot court competitions over
the years than any other team in east Africa, this year it did
not even win the regional title, and so the law school can
expect to see a decline in alumni contributions next year.

The above argument relies on which of the following

assumptions about the law school? (Circle the correct
answer)
A. The law school‟s reputation for academic excellence
depends on the performance of its “Moot Court
team”.
B. Contributions from alumni are needed for the law
school to produce a winning “Moot Court team”
C. Some alumni contribute to the law school because
they enjoy seeing its “Moot Court Team” win
D. The law school‟s “Moot Court Team” will continue
its losing streak next year
E. As a group, the law school‟s alumni will have at
least as much discretionary money to give away next
year as this year

83. This year, the performance of senor six leavers from

government aided secondary schools in Wakiso District at
the University Law School pre-entry exams was worse than
that of their peers from Kampala District government aided
schools. In recent years, more and more Wakiso District
residents have been enrolling their children in private
secondary schools, where the teacher-to-student ratio is
traditionally lower than in government aided schools. This
enrollment trend is expected to continue. Enrollment in
Wakiso District‟s government aided secondary schools has
67
dwindled as a result. There is no fresh recruitment of
teachers in both private and government schools

Based ONLY on the information above, a parent residing in

Wakiso District and concerned about his or her child‟s
academic future should pursue which of the following
courses of action?
(Circle the correct answer)
A. Enroll his or her child on one of Wakiso District‟s
government aided schools
B. Stay in Wakiso District and enroll his or her child in
a private school
C. Provide coaching for his or her child rather than
enroll the child in either a government aided or
private school
D. Move away from Wakiso District and enroll his or
her child in a private school
E. Move to Kampala District and enroll his or her child
in one of that District‟s government aided schools

84. The Income Tax (Amendment) Bill, 2012 proposes to

amend the third Schedules to the Income Tax Act by
prescribing the following new income tax rates for residents
individuals.
Chargeable income Rate of tax
Not exceeding Ushs Nil
2,820,000
Exceeding Ushs 2,820,000 10% of the amount by which
but not chargeable income exceeds
Exceeding Ushs 4,020,000 Ushs 2,820,000

Exceeding Ushs 4,020,000 Ushs 120,000 plus 20% of the

but not amount by which chargeable
Exceeding Ushs 4,920,000 income exceeds Ushs
4,020,000
68
Exceeding Ushs 4,920,000 A. Shs 300,000 plus 30%
of the amount by
which chargeable
income exceeds shs
4,920,000 and
B. Where the chargeable
income of an
individual exceeds shs
120,000,000 an
additional 10%
charged on the amount
by which chargeable
income exceed
120,000,000

Compute the income tax which would be payable by a

resident individual whose chargeable income is Ushs.
4,200,000 (show your calculations)

85. Study the following sections 84, 85 and 86 of the Prisons

Act, 2006

84. Remission of part of sentence of certain prisoners

[1] A convicted prisoner sentenced to imprisonment whether
by one sentence or consecutive sentences for a period
exceeding one month may be industry and good conduct
earn a remission of one third of his or her sentence or
sentences
[2]For the purpose of giving effect to subsection [1] each
prisoner on admission shall be credited with the full amount
of remission to which he or she would be entitled at the end
of his or her sentence or sentences if he or she lost or
forfeited no such remission.

69
85. Loss of remission
A prisoner may lose remission as a result of its forfeiture as
a punishment for an offence against prison discipline and
shall not earn any remission in respect of any period spent in
hospital through his or her own fault or while malingering or
while undergoing confinement as a punishment in a separate
cell.
86. Grounds for grant of further remission by the
President
[1] The Commissioner General may recommend to the
Minister responsible for justice to advise the President under
article 121(4) (d) of the Constitution to grant a further
remission on special grounds
[2] The Commissioner General may restore forfeited
remission in whole or in part
[3] For the Purpose of calculating remission of sentences,
imprisonment for life shall be deemed to be twenty years
imprisonment.

Which of the following statements is false in respect to the

above provisions?
A. A person sentenced to imprisonment for 27 days is
not entitled to remission
B. The Commissioner General may advise the President
to grant further remission
C. A sentence of 21 years imprisonment may be more
severe than imprisonment for life
D. A remand prisoner is not entitled to remission
E. Learning a craft is beneficial to a convicted prisoner

SECTION J
VALUES
86. What specific pro-Uganda provisions would you like to
be included in legislation and policies governing the
exploration, production and sale of petroleum in Uganda?
70
87. “Ethical values are nurtured in the family. They cannot
be taught in Law School”. Do you agree? Outline reasons
for your opinion.

END OF EXAMINATION

71
 2013 EXAM
SECTION A
LEGAL METHODS

1. What qualification will you be awarded if you

successfully complete your studies at the Law
Development Centre?
 Post Graduate Diploma in Legal Practice

2. What do you understand by the term bibliography?

 Bibliography is a list of sources of information
used in research and compilation of particular
paper, Article, or any other writing.

3. Explain the meaning and significance of a lead

judgment.
 A lead judgment is a judgment of one of the
members of the bench for which all other
majority judgments concur with.

4 Which of the following came first in time? (Circle the

correct answer).
A. East Africa Court of Appeal
B. East African Court of Justice
C. Court of Appeal for Eastern Africa
D. Court of Appeal of Uganda
E. Supreme Court of Uganda

4. In very brief terms, compare and contrast law and morals.

 In comparison, both laws and morals regulate the
behavior of persons in a given society or
community.
 In contrast, laws are legally binding whereas
morals may not be legally binding.

72
6. Which of the following expressions is correct? (Circle
the correct answer).
A. Justice of the court.
B. Justice of Appeal.
C. Judge of the Supreme Court.
D. Judge of the Court of Appeal.
E. Chief Justice of the Supreme Court.
7. State one way through which a case can cease to be
binding precedent
 In case a precedent is overruled

1. State any law journal you know.

 Oxford law journal

8. Which of the following can make a bye-law? (Circle the

correct answer).
A. A district council.
B. A village council.
C. A parish council.
D. The Minister of Local Governments.
E. Parliament.

7. What does the abbreviation JJA stand for?

 Justices of Appeal

SECTION B
CONSTITUTIONAL LAW

11. What was the National Consultative Council?

 The National Consultative Council was Uganda’s
interim Parliament after the overthrow of the
military regime in 1979.
73
12. State one provision which you consider to be
unnecessary detail in the constitution of Uganda. Give a
reason for your opinion.
 Article 3 of the Constitution of the Republic of
Uganda, since according to Kelson theory, even
an unlawful revolution can result into abrogation
of the Constitution and promulgation of a new
constitution provided that such a revolution id
successful.

13. As a way of promoting food security, a certain

district wishes to enact a law prohibiting anyone who owns
less than 2 acres of land from engaging in commercial sugar
cane growing? What Constitutional issue do you see arising
from such a law?
 Inconsistent with the right to own property
protected under Article 26 of the Constitution of
the Republic of Uganda

14. Article 99 of Uganda‟s constitution vests the

executive authority of Uganda in the President.
In Kenya, Article 130 of the constitution vests the
executive authority of Kenya in the
President, Deputy President and the rest of the
cabinet. In your view, what is the practical?
Significance of the difference in the two Articles?
 Article 99 of Uganda’s Constitution is more
practical since it creates an orderly flow of
authority in the cabinet.

 The significance is of Article 99 of Uganda’s

constitution is that the President is the sole head
of the executive and all others members and

74
 entities of the executive are answerable to
him/her.

 The significance of Article 130 of Kenya’s

constitution is that the executive authority is
headed by both the President, Deputy President
and the rest of the cabinet, therefore they are nit
answerable to the president.

15. Which of the following justifiable before the

Constitutional court? (Circle the correct answer).
A. National objectives and Directive
principles of State policy.
B. A Bill whose provisions are perceived to
be unconstitutional.
C. Ex post facto criminal legislation.
D. Under funding of the Agricultural sector.
C. Poor feeding of prisoners.
F. None of the above.

16. In Uganda, the following is supreme: (circle the

correct answer).
A. The Constitution.
B. The President.
C. The people.
D. The Supreme Court.
E. The commander in chief

17. List the land tenure systems recognized by the

Constitution of Uganda.
 Mailo
 Freehold
 Leasehold
 Customary

75
18. Samanya was made pregnant by her boyfriend who
was a fellow university student. She was
expelled from the university on grounds of “immorality”
and “absence of facilities for pregnant Students”. The
boyfriend was allowed to complete his studies. What
constitutional provision(s) could have been violated? Give a
reason for your opinion.
 Equality and freedom from discrimination
protected under Article 21 of the Constitution of
the Republic of Uganda

19. State at least one difference between an election and

a referendum.
 In an election there is a direct vote in which all
the electorates cast a vote in support of a
particular candidate for a given post, whereas,
 In a referendum, the decision of the people may
result into the adoption of a new constitution, a
constitutional amendment, a law or any pertinent
matter in a country.

20. The Constitution of Uganda is divided into :( circle

the correct answer).
Articles and sub-articles
B. Sections and sub-sections.
C. Articles and sections.
D. Articles, paragraphs and clauses.
E. Articles, clauses and paragraphs.

SECTION C
LAW OF CONTRACT
21. Is a tender an offer or invitation to treat? Give a
reason for your opinion

76
  The general rule at common law that a tender can
be defined as an invitation to negotiate (invitation
to treat) not as offer as per the case of Spencer v
Harding (1870) LR 5 CP 561.

22. What is a peppercorn consideration?

 A peppercorn consideration is a metaphor for a
very small payment, a nominal consideration,
used to satisfy the requirements for the creation
of a contract.

23. What do you understand by the blue pencil test?

 Blue pencil test is a judicial standard that the
courts use to decide whether to invalidate the
whole contract or only the offending provisions,
clauses or words.

24. A lawyer is in the process of buying a car from his

client. What caution would you give to the lawyer, and
why?
 That he or she should specifically describe the
type and functionality of a car he wants to buy. If
a car delivered does not correspond to the
description or it’s not sound and fit, then he can
ably enforce breach of a major term of a contract.

25. X saw Y feeding a big bull and immediately offered

to buy it at shs.2, 000,000.Y agreed to sell and X
immediately paid. Y knew that the bull was blind but did
not mention it to X. Can X recover his money if he later
finds out about the blindness of the bull? Give a reason for
your opinion.
 Yes, non-disclosure of the defects in the subject
matter of the contract.

77
26. A district local government gave loans to some
youths to enable them complete their
University studies. The loans were repayable within
3 years. More than 3 years have now elapsed. The
borrowers claim that they cannot pay because none
of them has found a job.
Do you think they can avoid liability? Defend your
answer.
 No, they cannot avoid liability since getting a job
is order to pay back the money was not a
condition or a term in the contract.

27. The ordinary and usual remedy for breach of

contract is damages. In what circumstances
Can you pursue court to grant specific performance?
 In case damages are not likely to compensate the
plaintiff adequately for the breach of contract.
See Tusabagha Enterprises V Nyanza Textiles
H.C.C.S. No. 51/88 (1989) KALR. 115;
Held:
1. A mere difficulty of performance or an
increase in prices or expenses or
unprofitableness is not enough to relieve one
party from carrying out the contract.
2. Specific performance is an equitable remedy
in the discretion of court granted where
damages are not likely to compensate the
plaintiff adequately for the contract. Where
court can determine the amount of profit lost
by the plaintiff, such damages would be
awarded since they would adequately cater
for the situation

See Haji Lutakome V Sentongo (1988-90)

H.C.B 96
78
 Mukanza Ag. J Held:
Specific performance is normally enforced
where the plaintiff cannot be compensated
by way of damages.

28. Raja was signed up by a football club as a

professional footballer. The contract provides that
“football matters shall not be taken to courts”.
Briefly comment on the enforceability of that clause.
 The contract is not enforceable since it ousts the
Jurisdiction of Court hence contrary to public
Policy
See Matia Wamala V Uganda Press Trust Ltd
(1982) H.C.B 114.
Allen J held.
A contract which purports to deprive the
courts of jurisdiction which they would
normally have is illegal as it is contrary to
public policy.

29 What do you understand by the principle that

damages for breach of contract are compensatory innature?
 The principle means that damages for breach of
contract should place the plaintiff in the position
he or she would have been in had the contract
been performed.

See Uganda Telecom v Tanzanite Corporation

[2005] E.A 351,
Held
In contract, the general intention of the law of the
giving of damages for breach of contract is that
the plaintiff should be placed in the position he or
she would have been in had the contract been
performed.
79
30. Teen Stars, a famous singing group, asked the police
to deploy 100 policemen and 10 sniffer
Dogs at their album launch. They agreed to pay the
policemen some allowances. After the show Teen stars
refused to pay, arguing that policemen are paid salaries by
the government. Asses the police‟s chances of recovering
the promised money from tee stars.
 The policemen are less likely to recover the
promised money since they were performing their
duties as policemen.

SECTION D
LAW OF TORTS
31. What tort would be committed if all patients in
hospitals were subjected to a mandatory HIV the test?
Justify your answer.
 The hospital will be liable for a tort of trespass to
body.

32. What do you understand by the term “ancient

lights”?
 Ancient lights is the right of a building or house
owner to the light received from and through
windows. Windows used for light by an owner
for 20 years or more could not be obstructed by
reaction of an edifice or by any other act by an
adjacent landowner.

33. After the end of term examinations, a certain private

boarding school prevented a pupil from going home
until his parents had paid all the outstanding school
fees. Explain whether he has any Cause of action.

80
  The child has a cause of action for unlawfully
imprisonment.

34. The driver of a government ambulance offered to

drive some nurses back to their homes in the ambulance. He
drove very fast and the ambulance crashed into a stationary
truck. The nurses
were all injured. Assess their chances of succeeding in a suit
for negligence against the Government.
 The nurses are less likely to succeed in a suit for
negligence against the government. This is so
because the ambulance is not meant for driving
transporting passengers or nurses therefore the
act of transporting the nurses was outside the
scope of the ambulance driver’s employment.

See Jovelyn Barugabare V Attorney General

S.C.C.A No.28 of 1993
Manyindo D.C.J
1. In a suit where the plaintiff relies on the
doctrine of vicarious liability and the
defendant contests the fact that the servant is
in his employment, then the plaintiff has the
burden to prove that the alleged servant is a
bonafide servant of the defendant.
2. In a suit founded on vicarious liability, the
plaintiff must establish the identity of the
servant and that he was acting in the course of
his employment at that material time.
3. Where the relationship of master and servant
has not been established the plaintiff claim
must be dismissed

35. Who has a right to sue in respect of a fatal accident

under the law Reform (Miscellaneous
81
 Provisions) Act?
 Administrator
 Executor
 Members of the family

36. A celebrity was seen entering a bank. He spent

several hours inside. A tabloid newspaper
Falsely reported that he was begging for a loan. He
wants to take legal action against the
Tabloid. Advise him.
 He can take an action in the tort of
defamation provided that the publication
injured his reputation by lowering him in
the estimation of the right thinking
members of the society that caused him to
be regarded with feelings of hatred,
ridicule, fear and dislike.

See John Nagenda V The Editor of the Monitor

Publications SCCA 5/1994 (Unreported)
Held,
Defamation is the publication of a statement
which has a tendency to injure the reputation of
the person to whom it refers by lowering him/her
in the estimation of the right thinking members of
the society generally and in particular to cause
him to be regarded with feelings of hatred,
ridicule, fear, dislike/disesteem or which tends to
make them shan / avoid that person.

37. What is the standard of care required of medical

personnel in the performance of their duties?
 The standard of care required of a medical
personnel is that of a reasonable medical
personnel in the same circumstances
82
38. A private school dormitory collapsed because of
poor construction. When Hannah heard the
News on radio, she was hospitalized for two weeks
and treated for shock. However, her child was not among
the injured pupils. Do you think she can successfully sue the
school?
 Yes, she can successfully sue the school
under a tort of nervous shock

39. Matu regularly visited a popular discotheque to dance.

Since the music was always played at the Maximum
volume, his ear drums were damaged. He has now
developed a hearing impairment.
Consider whether he has any remedy against the
discotheque.
 No, it was voluntary assumption of risk
(Volenti non fit injuria)

40. Mention one circumstance in which court may award

exemplary damages to a plaintiff.
 where there has been oppressive,
arbitrary, or unconstitutional action by
the servants of the government;
 where the defendant’s conduct has been
calculated by him to make a profit which
may well exceed the compensation payable
to the plaintiff; or
 Where some law for the time being in
force authorises the award of exemplary
damages.
See Rookes V. Barnard (1964) A.C 1129

83
 SECTION C
CIVIL PROCEDURE
41. What is the purpose of an interim order?
 The purpose of an interim order is to preserve or
maintain the status quo, pending the
determination of the application for a temporary
injunction.

42. A defendant has been sued for damage to the

plaintiff‟s car through negligent driving. The
Defendant has a comprehensive insurance policy
with Trusty Insurance Company. A part
From filing a defense, what other step would you
advise the defendant to take?
 Should apply to Court for the insurance company
to be joined as a co-defendant

43. What is the slip rule?

 Slip rule is a rule that allows a judicial officer
such as a judge or magistrate to make some
clerical corrections in the judgment such as
spelling errors provided the corrections do not
change the judgment.

44. “Appeal is a creature of statute” What does that

statement mean?
 The statement means that an appeal has to be
conferred by statute.

45. State one consideration for granting leave to appeal.

 Whether the trial court made an error in law or
fact

84
46. Why is that an application for a garnishee order nisi is
never served on judgment debtor?
 An application for agarnishee order nisi is never
served on the judgment debtor since the
proceeding is between the judgment creditor and
the garnishee (third party) whereby an order nisi
if issued it creates an equitable charge and a
garnishee cannot pay the debt to the judgment
debtor.

See Section 38 (c) of the Civil Procedure Act Cap

71 on Garnishee / attachment of debts
See Order 23 of the Civil Procedure Rules SI 71-1
on Garnishee / attachment of debts
See Kampala Capital City Authority V Stanbic
Bank, DFCU Bank, Johnson Mugisha and 2 Ors
High Court Misc. Appeal No. 290 of 2012,
Lady Justice Elizabeth Musoke Held,
“….Garnishee proceeding are separate
proceedings between the Judgmentcreditor and
the garnishee, regardless of the fact that the
judgment debtor may be examined before or after
the making of an order for attachment of debts”

47. Distinguish between attachment and sale in

execution.
 Attachment involves the physical taking of
property of judgment debtor who fails to satisfy a
decree,
 Whereas sale in execution is the act of disposing
of property of a judgment debtor as a way of
satisfying the decree.

See Section 44 of the Civil Procedure Act Cap 71

on attachment of property
85
 Read Order 22 Rule 61 – 86 of the Civil
Procedure Rules SI 71-1 on sale in execution
Read Standard Bank of South Africa Ltd V
Senkubuge 1960 E.A 13

48. State one circumstance under which a judgment

debtor may be released from civil prison.
 Upon satisfying the decree such as paying the sum
required in the decree
 Upon lapse of 6 months while in prison.

49. Differentiate between arbitration and mediation.

 Arbitration is a form of alternative dispute
resolution which is presided over by an
arbitrator(s) selected by the parties and the
decision reached upon by the arbitrator is
binding on all the parties, whereas,
 Mediation is a form of alternative dispute
resolution presided over by a mediator(s) selected
by the parties and the decision reached upon by
the parties in mediation in not binding on the
parties.

50. List the courts to which the civil procedure rules

ordinarily apply.
 The supreme Court
 The Court of Appeal
 The High Court
 The Chief Magistrates Court
 The Magistrates Court Grade 1

SECTION F
LAW OF EVIDENCE
51. “Tender years, extreme old age, disease, whether of
body or mind, or any other cause of the same kind
86
 will not necessarily render a person incompetent to
testify as a witness”
Briefly explain whether or not the above statement is
true.
 Yes, the above statement is true. Such
persons are competent to testify unless the
Court considers that they are prevented
from understanding the questions put to
then, or from giving rational answers to
those questions.

See Section 117 of the Evidence Act Cap 6

52. Which of the following statements is TRUE about

spouses as witnesses? (Circle the correct answer).
A. Both spouses are competent but not
compellable to testify against each other in
controversies between them
B. A spouse may call the other in all
suits, even if the other spouse does
not want to testify.
C. One spouse cannot be compelled to
testify against the other without the
consent of both.
D. In any criminal trail where the
child is the victim, either spouse may be
compelled to testify.

53. In which of the following situations are leading

questions NOT permitted? (Circle the correct answer)
A. To lay the foundation, regarding matters
which are introductory or undisputed, or
which have been already sufficiently
proved and are not in controversy.

87
 B. During examination-in-chief if they are
not objected to by the adverse party.
C. When dealing with a person not called as
an adverse witness, but who turns hostile
onthe stand.
D. None of the above.

54. A Rule of law which provides that when a particular

group of facts has been established,
Another fact is also deemed established thereby
shifting the burden of producing evidence
Is…..?(Circle the correct answer).
A. Circumstantial evidence.
B. An inference.
C. A presumption.
D. Estoppels.

55. At a police station, a suspect has admitted to an

Assistant Inspector of police that he is the owner of and
was in recent possession of the knife which caused a
death.
Explain whether or not this amounts to a confession.
 No, it does notamount to a confession, it’s
admission of ownership and possession of
a knife which cause a death but not guilt of
causing death. A confession is a voluntary
admission of guilt made by the accused
person before a magistrate or a police
officer of or above the rank of assistant
inspector.

See Sections 23 -27 of the Evidence Act Cap 6 on

confessions
Read Festo Androa Asenua & Anor V Uganda SCCA
No.1 1998
88
56. Two persons suspected of murder went voluntarily with
police officers to a room in which, unknown to them,
there was a microphone connect to a tape-recorder in
another room. They were left alone in the room. They
proceeded to have a conversation in which
Incriminating remarks were made. The conversation
was recorded on the tape. At their trial, counsel for both
accused objected to the admissibility of the tape
recording on the ground that it was a confession
obtained by deception.
Respond to that objection.
 According to Section 26 of the Evidence
Act Cap 6, if a relevant confession does not
become irrelevant merely because it was
made under a promise of secrecy, or in
consequence of a deception practiced on
the accused person for purpose of
obtaining it.

57. Having come to know the names of the alleged

assailant from the victim‟s recorded dying
declaration, the police could not find the alleged
assailant at his home but rather arrested him four
days later in a deserted house locked from inside.
The defense counsel now argues that his client
cannot be convicted on basis of an uncorroborated
dying declaration.
Respond to that argument.
 Corroboration of a dying declaration can
be found in the conduct of the accused as it
was observed in the case of Mbinga V
Uganda 1965 E.A 71, therefore in the
instant case; the assailant’s disappearance

89
 from his home to a deserted house
corroborates the dying declaration.

58. A victim of rape recorded a statement with the

police. However, five months later, having failed to
withstand the humiliation to which she was subjected on
account of the rape, she committed suicide before the trial
started. Explain whether or not her statement will be
admissible at the trial.
 Yes, such a statement is admissible in
evidence since it’s relevant to the facts in
issue.
 See Sections 20 and 30 of the Evidence Act
Cap 6

59. Rose is married to Timothy. Timothy wrote from

Nairobi, a letter to Rose who was then residing with
her parents in Kampala which, it is claimed,
contained defamatory imputations concerning
Moses. On basis of that letter, Moses has filed a suit
in a chief magistrate‟s court in Kampala, against
Timothy claiming damages for libel. On what basis
can the admissibility of that later be challenged in
those proceedings?
 Spousal privilege

62. State any presumption you know in the law of evidence

 Rebuttable presumption
 Irrefutable presumption

SECTION G
CRIMINAL LAW

61. Briefly explain what ONE of the following theories

of punishment means;-
90
 (a) General deterrence,
 It’s a theory of punishment that deters the
entire public from committing of any
offence
(b) Specific deterrence
 It’s a theory of punishment that deters the
public from committing a particular
offence.
63. A man, who over a period of one month has on
numerous occasions telephoned a woman using Obscene
and filthy language calls has been charged with the
offence of “An act tending to injure public morality”. Is
the man likely to be convicted? Explain.
 No, the man will not be convicted since the
offence and penalty he is charged with is
not specified by the law. This is
inconsistent with Article 28 (12) of the
Constitution of the Republic of Uganda,
1995.
63. Section 286 (3) of the penal code act defines a
deadly weapon as “any instrument made or adapted
for shooting, stabbing or cutting……”
The word “adapted “as used in that section can have
two meanings-
(a) Suitable for that purpose, OR
(b) Modified or altered for that purpose.
Explain which of the two meanings is most
favorable to an accused person.
 Suitable for that purpose means that it
may not be adopted for shooting, stabbing

91
 or cutting but it can be used for shooting,
stabbing or cutting amounts to a deadly
weapon.
 Modified or altered for that purpose
means that such instrument which is
changed for the purpose of shooting,
stabbing or cutting amounts to a deadly
weapon.
64. “Once it is shown that somebody has died through the
act of another, that is presumed to be murder, unless the
person who has committed the act can satisfy court that
what happened was something less e.g. accidental,
Manslaughter or justifiable “Is this a correct statement?
Explain.
 No, any person accused of an offence is presumed
to be innocent and the burden rests on the
prosecution to prove the guilt of the accused
person beyond reasonable doubt. Therefore it’s
the prosecution that has to prove the element of
malice aforethought in a murder case.
65. Without the consent of the owner, a man entered a
partly constructed, unoccupied, dwelling house
through an open doorway.
Did the man commit any offence? Explain.

 No, for such an act to amount to an offence there

must be a law that provides for the offence and
specify the punishment thereof.
66. Which of the following statements is NOT correct
concerning the Actus Reus of an offence? (Circle
the correct answer).
A. Failure or omission is insufficient
92
 B. A positive act is needed to make a person
guilty of a crime.
C. It can be a continuous act of the accused.
D. It may be constituted by a duty imposed
by law.

67. By which of the following can mens rea be proved?

(Circle the correct answer)
A. By presumption of law that a person intends
the natural consequences of his or her acts.
B. By inference that he did foresee and intend
the natural consequences of his or her acts.
C. By commonsense where the risk was so
obvious
D. None of the above.

68. A fisherman was arrested by a fisheries officer for

being in position, for the purpose of using, a poison
for killing of fish. He was unaware that the substance
was a position until the officer pointed it out. He was
nevertheless convicted and fined. What type of
offence is this? Explain.
 It’s a strict liability offence

69. A “queen dancer “is charged with offences related to

dancing naked before an audience in a night club. At
her trial, she intends to raise the defense that she was
advised by a lawyer friend that it was her
fundamental Right to dance in the nude in a private
night club and that therefore when she did so she
was infract under a mistaken but honest belief that
there was nothing wrong with her conduct. Is her
defence likely to succeed? Explain.

93
  No, ignorance of the law is not a defence as per
Section 6, more so according to Section 9 (2) of
the same, operation of the defence of mistake of
fact can be excluded by the express or implied
provisions of the law relating to the subject
matter.
70. Which of the following defenses does not offer a
complete acquittal to an accused person? (Circle the
correct answer).
A. Self defense.
B. Accident.
C. Insanity.
D. Doli Incapax.

SECTION H
CRIMINAL PROCEDURE

71. Which of the following powers of the Director of

Public Prosecutions CANNOT be delegated?
(Circle the correct answer).
A. Withdrawing a charge.
B. Sanctioning a charge.
C. Directing a criminal investigation.
D. Ordering confiscating of documents.
72. Which of the following has nothing to do with the
criminal jurisdiction of a court? (Circle the correct
answer).
A. Its geographical location.
B. The age of the accused person.
C. The value of the property involved.
D. The grade of the presiding magistrate.
94
73. Is it proper to proceed with a trial where the charge
sheet bears only one count which in part reads as
Follows, “receiving and retaining stolen
goods?”Explain.
 No, the charge sheet should the statement of the
offence, which states the section of the Act
contravened and the Particulars of the offence.

74. A person charged with the offence of “insisting

violence” responds; “It is true I advised the people to
rise and defend the constitution by all means, be they
violent.” What plea should be recorded and why?
 Plea of not guilty, because according to Article 3
(5) a person who defend the Constitution commits
no offence.
75. When court is satisfied that an accused person has,
without justifiable cause, absconded/ jumped bail,
one of the following will NOT be an immediate
consequence. Which one is it? (Circle the correct
answer).
A. Arrest and imprison of the surety.
B. Forfeiture of bond by the accused.
C. Issuance of a warrant of arrest for the
accused.
D. All the above.

76. Explain any one method by which the duration of

pre-trial remand for offences triable by magistrate‟s
courts is regulated by law.
 By setting a period restriction of pre-trial
remand. According to Section 76 of the

95
 Magistrates Courts Act, pre-trial remand is
restricted to 240 days.

77. What is the standard of proof required for the

establishment of primafacie case in a criminal trial?
 That any reasonable tribunal or Court properly
directing it’s self to the law and evidence would
convict if no defence is submitted.
78. At a trial for the offence of defilement, during
examination in chief, the State Attorney asked the
victim whether the accused in the dock committed
the act. The victim replied;”it is not him, it was
another man who defiled me”. What should the State
Attorney do?
 Move Court that the witness should be considered
hostile
79. In what circumstances may the accused person be
subjected to cross-examination in a criminal trial?
 In case the accused is a defence witness and offers
his/her examination in chief, he or she can be
subjected to cross-examination
80. The procedure by which a court exercises its power
to call for the record of other courts within the Local
limits of its jurisdiction in order to satisfy itself of
the correctness, legality and propriety of any finding
or order passed or recorded and the regularity of any
proceedings of such court is known as ?(circle the
correct answer).
A. Review.
96
 B. Revision.
C. Confirmation.
D. Appeal.

81. The plaintiff filed a suit on 30th June 2010 claiming

special damages of shillings.12,000,000,general damages
And costs . Judgment was entered for the plaintiff on 1st
July, 2012 for special damages of shs.12,000,000 With
interest thereon at 20% per annum from the date of filling.
General damages of shs 4,000,000 were also awarded, with
interest thereon at the rate of 10% per annum from the date
of judgment. The plaintiff was also a Awarded half the tax
costs. The costs were subsequently taxed and allowed at
4,200,000. Compute the total sum which would have been
payable by the defendant on 1st July 2013. Show your
calculations.

SECTION H
APTUTUDE

82. “The concept of aptitudes and the procedure of aptitude

testing are based on critical assumptions about the structure
of human ability. From the outset, the structure of human
intellectual ability has been one of the most Researched
topics in the science of psychometrics. The fundamental
question here is whether there is a general Construct of
cognitive ability, with some people more able than others in
a wide range of intellectually demanding Areas, or,
conversely, whether people differ with respect to specific
and relatively independent types of cognitive Ability (e.g.
verbal and numerical).This issue has very considerable
practical as well as theoretical importance. Put simply, if
people differ broadly in terms of the degree to which they
are intellectually able in many areas, a notion Captured by
97
the term “general cognitive ability” and often abbreviated to
g, there is little point in developing tests of intellectual
aptitude to match the ability profiles of people to specific
jobs, roles, or training programmers. However, if verbal,
spatial, numerical, and other types of intellectual ability are
independent of each other, a clear Rationale is available for
the development of aptitude tests to measure these particular
dimensions and match them to the needs of different jobs,
roles, and training programmers”. Per Dr. Chris Dewberry,
Aptitude Testing and the legal profession, Birkbeck,
University of London, June 2011.What, according to the
author, is the major premise upon which aptitude tests are
based?
Which of the following statements is true
about the extract above?(circle the right
answer).

A. Aptitude tests for selecting people who wish

to be educated and trained in the legal and
other professions has gained momentum in
recent years.
B. There has been a substantial increase in the
proportion of a level students awarded the highest
grades in recent years, making attempts to
discriminate between candidates problematic.
C. Aptitude refers to the extent to which an individual
has the psychological and behavioral characteristics
necessary to perform at a high level in a particular
environment.
B. Aptitudes tests for selecting people who wish
to be educated and trained in the legal and
other professions
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 C. Has gained momentum in recent years.
D. None of the above.
SECTION I
VALUES

83. From the viewpoint of a lawyer, what do you consider

to be the pros and cons of free movement of
professionals? In particular, and workers generally, within
the East African Community states

-END OF EXAMINATION-

99
2014 EXAM
SECTION A
LEGAL METHODS
1. How does a tutorial add the learning of law?
 It helps learners to enhance their intellectual,
communication and social skills.
2. Which of the following is in the category of private law?
A. The Contracts Act
B. Administrative law
C. The Land Act
D. The Official Secrets Act
E. Environmental law
3. What is the usefulness of a glossary in a text book?
 It contains a list of various terms used in the book
and their definitions.
4. Which of the following expressions is correct?
A. Role of Advocates
B. Diploma in Bar Course
C. Bachelor of Law
D. Principle Judge
E. Principal Judge
5. Illustrate the meaning of the doctrine that “He who comes
to equity must come with clean hands”.
 It bars a relief for anyone guilty of improper
conduct in the matter at hand. An illustration can
be inferred from a situation whereby a child kills

100
 a parent in order to succeed the property; such a
person has no clean hands before equity.
6. Is a judicial decision by a chief magistrate binding on a
grade II Magistrate? Give a reason for your answer.
 No, it is not a court of record.
7. Which of the following has power to make law?
A. The High Court
B. The Speaker of Parliament
C. The Local Council I Executive Committee
D. The General Court Martial
E. None of the above
8. In your view, is it useful to study a dissenting judgment?
Give a reason for your Opinion.
 Yes, it is useful to study a dissenting judgment
since dissenting judgment have reasons and other
principles of law that may be important in other
set of facts.
9. Which of the following is the proper way to cite a text
book?
A. Author; Title; Edition; Publisher; Year of
Publication
B. Title; Publisher; Author; Edition; Year of
Publication
C. Author; Title; Edition; Publisher; Year of
Publication
D. Publisher; Title; Edition; Author; Year of
Publication
E. Author; Title; Publisher; Year of Publication;
Edition

101
10. Explain the meaning of a subject index in a law report.
 A subject index in a law report is where cases are
listed to according to their subject matter.
SECTION B
CONSTITUTIONAL LAW
11. Mention any key milestone in Uganda's constitutional
history

 The promulgation of the Constitution of the

Republic of Uganda, 1995
12. State one relevance of citizenship in constitutional law

 Citizenship determines some rights such a right to

contest for the Presidency of Uganda, land
ownership among others.
13. In some states in U.S.A. judges are elected by the
people. In Uganda, they are appointed. In your view, which
of the two mechanisms is best suited to ensure the
independence of the judiciary? Give a reason for your
opinion
 Election of judges is best suited to ensure the
independence of the Judiciary since the judiciary
will only be answerable to the people of the State.
Reason against appointing is that if the
appointing authority disagrees with the judiciary
then he or she can appoint or change the
members of the judiciary hence meddling with
the independence of the Judiciary.
14. In a federal constitution, which of the following should
ideally be a responsibility of the central government?
102
 A. Education
B. Marriage registration
C. Regional common market
D. Water and sanitation
E. Immunisation
15. Explain one principle of constitutional interpretation.
 Literal rule, it means that words used in the
provision should be given their ordinary meaning.
16. How does the Constitution of Uganda enable the people
to choose how and by whom they are governed?
 By providing for periodic, free and fair election of
their leaders.
17. Which of the following provisions of the Constitution
does not require amendment in order to restrict the right to
apply for bail for some offences.
A. Presumption of innocence
B. Right to a fair trial
C. Equality before the law
D. Maximum period of pre-trial remand
E. None of the above
18. Explain what you understand by recall of a member of
Parliament.

 Recall of a member of parliament is to petition to

the speaker of parliament by at least two-thirds of
the registered voters of the constituency or of the
interest group calling the vacation of a certain
member of parliament from his or her seat in
parliament.
See Article 84 of the Constitution of the Republic
of Uganda, 1995
103
20. Which of the following is established by the
Constitution of Uganda?
A. Industrial Court
B. District Land Board
C. Government universities
D. East African Community
E. Uganda Revenue Authority
SECTION C
LAW OF CONTRACT
21. Why is a receipt not generally considered a contractual
document?
 This is because it’s generally issued after the
contract has been concluded.
22. Mr. Lovemore paid Shs. 200,000 to a salon to style his
bride's hair. When the bride went to the saloon the morning
of the wedding day, the salon owner declined to attend to
her, saying that they had too many bookings. The bride
improvised by wearing a hat on her wedding day. Mrs.
Lovemore now wants to sue the salon. Assess her chances of
success.

 Mrs. Lovemore has little chances of success since

she was privy or not party to the contract
between Mr. Lovemore and salon owner.
However since Mrs. Lovemore was a beneficiary
to the contract, she can succeed with suing the
salon owner for the breach of a contract.
23. During an argument in a bar between X and Y, X
predicted that an African team would win the football world
cup. He promised to pay Y Shs. 1,000,000 if the prediction

104
turned out to be wrong. As you might know, no African
team even reached the quarter finals. Advise X if he is liable
to pay Y.
 X is not liable to pay Y since such a contract is
void. Section 24 (1) of the Contracts Act, 2010
provides that agreements by way of an unlicensed
wager is void. Section 24 (2) goes ahead to define
wager as a promise to pay money or other
consideration on the occurrence of an uncertain
event.
24. A farmer has loaded 100 off-layer chicken on his pick-
up truck and parked at a busy market. He has placed a sign-
board at the top the truck and on which are written the
words “buy one, get one free”. In your opinion, if a
customer buys one chicken, is he or she entitled to another
one free of charge?
 No, it’s just a Commercial puff
25. Which of the following statements is accurate?
A. Money paid under an illegal contract may be
recoverable in some circumstances.
B. All illegal contracts are unsupported by
consideration.
C. All illegal contracts are void because they are
prohibited by statute.
D. All illegal contracts involve commission of a crime.
E. Parties to an illegal contract are always inpari
delicto.
26. The words goods carried at owner's risk are written in
big letters on the side of a truck for hire. Assess the legal
effect of those words.

105
  It excludes the liability of the car owner.
27. Miriam paid a radio station to advertise her album
launch. After she had paid, the station manager assured her
that this station reaches millions of listeners and you will see
thousands at your album launch. The advertisements were
aired but the show flopped. Only a handful of people turned
up. Advise Miriam if she has any remedy against the radio
station.
 No, she has no remedy against the radio station.
The contract was for advertising the album
launch which the radio station did, more so, the
assurance that the station reaches millions of
listeners was made after the contract was
concluded.
28. In which of the following circumstances does the law
not presume undue influence to contract?
A. Apparent authority
B. Real authority
C. Fiduciary relationship
D. Domination of the will of another to obtain unfair
advantage
E. None of the above
29. Which of the following concerns adequacy of
consideration rather it's sufficiency?
A. Anything of value
B. Any forbearance
C. Any currency
D. Overcharging
E. None of the above

106
30. Which of the following is an equitable remedy in the law
of contract?
A. Exemplary damages
B. Special damages
C. Specific performance
D. Declaration
E. Costs

SECTION D
LAW OF TORTS
31. A newspaper published a photograph of a prominent
politician apparently sleeping during a national ceremony.
The caption above the picture read sleeping champion. The
politician claims he was not sleeping but merely meditating.
He wants to sue the newspaper for libel. In that case, would
you prefer to be counsel for the politician or the newspaper?
Give a reason for your choice.
 I would be counsel for the newspaper since it was
a true statement or publication that he was
sleeping and there is no evidence that the
statement injured his reputation by lowering him
in the estimation of the right thinking members of
the society that caused him to be regarded with
feelings of hatred, ridicule, fear and dislike.
For the politician to succeed, the false publication
should injure his reputation by lowering him in
the estimation of the right thinking members of
the society that caused him to be regarded with
feelings of hatred, ridicule, fear and dislike.

107
 See John Nagenda V The Editor of the Monitor
Publications SCCA 5/1994 (Unreported)
Held,
Defamation is the publication of a statement
which has a tendency to injure the reputation of
the person to whom it refers by lowering him/her
in the estimation of the right thinking members of
the society generally and in particular to cause
him to be regarded with feelings of hatred,
ridicule, fear, dislike/disesteem or which tends to
make them shan / avoid that person.

32. Mwajuma is very religious and always wears a veil. She

went shopping at guard asked her to take off her veil for
checking. She refused and the guard plucked it off.
A. What tort, if any, could have been committed?
 Trespass to a person
B. Assuming a tort was committed, whom should
Mwajuma sue, and why?
 The employer of the security guard. This is
based on the principle of vicarious liability
whereby the employer can be liable for the
actions of the employee done during the
course of employment. Also considering the
fact that the employer may have more money
than the employee, I will inclined to sue the
employer.

See Jovelyn Barugabare V Attorney General

S.C.C.A No.28 of 1993
Manyindo D.C.J
In a suit where the plaintiff relies on the
doctrine of vicarious liability and the
defendant contests the fact that the servant is
108
 in his employment, then the plaintiff has the
burden to prove that the alleged servant is a
bonafide servant of the defendant.
In a suit founded on vicarious liability, the
plaintiff must establish the identity of the
servant and that he was acting in the course of
his employment at that material time.
Where the relationship of master and servant
has not been established the plaintiff claim
must be dismissed

33. Whenever there is an unlawful arrest there is

automatically false imprisonment also. Do you agree?
Explain.
 No, I don’t agree. Unlawful arrest is different
from false imprisonment. Unlawful arrest is
the dentition or confinement of a person
without a legal justification, whereas false
imprisonment can be justified whereby a
person arrested is innocent of the crimes for
which he or she is arrested of.
34. A school stocked 100 rats to be used for dissection in
biology classes. All the rats managed to escape. Within a
few months, the neighborhood has become infested with
thousands of rats due to rapid reproduction. The rats have
become a menace. Can the school be sued under the rule in
Rylands v Fletcher? Advise.

 Yes, the school brought onto land rats that are

likely to do a mischief, the rats escaped and
caused damaged to the community.
 The rule in Rylands V Fletcher is that a
person who for his own purposes brings on his
109
 lands and collects and keeps there anything
likely to do mischief if it escapes, must keep it
in at his or her peril, and, if he or she does not
do so, is prima facie answerable for all the
damage which is the natural consequence of
its escape.

35. Which of the following is not relevant in a claim under

the Law Reform (Miscellaneous Provisions) Act?
A. Death must have occurred
B. Funeral expenses
C. Duty of care
D. Dependency
E. Payment received from an insurer
36. Briefly state the duty owed to visitors by an occupier of
premises.
 A duty to conduct him/herself in a certain
manner, in order to avoid injury on others
that may be caused by the dangerous or
defective nature of the property or premises.
37. On being sued for trespass to land, a defendant pleaded
that he did not know that he had encroached on the
plaintiff's land; it was a mistake to extend his fence into the
plaintiffs land. It was not intentional. Is that defence likely
to succeed? Explain.

 No, trespass to land is actionable perse

38. Which of the following does not amount to conversion
of goods?
A. Selling without the owner's permission
B. Retaining without the owner's permission
110
 C. Receiving without the owner's permission
D. Loss or destruction which a bailee has allowed to
happen in breach of a duty of care to his bailor
E. None of the above
39. A truck carrying beer was negligently driven and it
overturned. The local villagers looted and drank all the beer.
Some drunk youth then began stoning passing vehicles. The
owners of the damaged vehicles want to sue the truck owner
for the damage caused. Suggest a possible defence for the
truck owner.
 Remoteness of damage, the truck owner can
raise a defence that the loss suffered was too
remote to recoverable since the loss was not a
direct consequence of the truck owner and
more so, the damage caused was
unforeseeable
 The privy Council in Overseas Tankership
(UK) Ltd V Morts Dock and Engineering Co
Ltd (The Wagon Mound No.1); Established
the test for remoteness, the essential factor in
determining liability is whether damages are
of such a kind as the reasonable man would
have foreseen.

SECTION E
CIVIL PROCEDURE
40. Distinguish between an interlocutory injunction and a
permanent injunction.

111
  An interlocutory injunction is granted during
the pending of the suit before determination of
the entire case.
 A permanent injunction is granted/given at
the end of the suit.
41. The High Court can carry out judicial review of:
A. Decisions of inferior tribunals
B. Acts of Parliament
C. Judgments of courts of record
D. Per incuriam judgments
E. None of the above
42. It is said that alternative dispute resolution is cheaper
and faster than litigation. Do you agree? Give a reason for
your answer.
 Yes, parties don’t incur much expenses as they
would have incurred in a full trial, it’s also faster
since its upon the parties to set a date of solving
their conflict, hence not subject to case backlog
43. Explain what you understand by amendment of
pleadings.

 Changes in the pleadings of documents in the suit.

44. In your own words, describe an affidavit.

 A written statement confirmed by Oath or

affirmation for use as evidence in courts.
45. A group of voters have threatened to sue their member
of Parliament if she does not seek re-election. What would
be the likely defect in their plaint?
 The plaint may not disclose a cause of action

112
46. When is a suit said to be time barred?
 A suit is said to be time barred when the same has
not been filed within the set time in the statute
from the time which the cause of action
happened.
47. What is the purpose of a bill of costs?
 It shows the costs that a successful party is
entitled to.
48. Explain the meaning of the expression appeal is a
creature of statute.
 It means that for one to appeal there should be a
provision in the statute that provides for it. Short
of that, an appellant should apply for leave of
court to file an appeal.
49. Mention any advantage of joining parties and causes of
action in one suit.
 It avoids multiplicity of cases
SECTION F
LAW OF EVIDENCE
50. One of the exclusionary rules of the law of evidence is
that a confession is not admissible in evidence unless it is
voluntary" This term voluntary denotes that the confession
must be;
A. Volunteered
B. One which the suspect desires to make
C. Made in exercise of the free will to speak or
remain silent

113
 D. Calculated to express the views of the suspect
E. Truthful
51. In a trial for the offence of burglary, which of the
following is direct evidence?
A. A piece of torn cloth from the accused‟s striped shirt
found in the residence that was burglarised.
B. A cell phone photograph of the accused burglarising
the residence.
C. Testimony from an eyewitness that she saw the
accused go into the backyard of the burglarised
residence.
D. Closed Circuit Television surveillance camera
footage of the accused purchasing burglar tools
E. None of the above
52. A man is on trial for assault of an elderly woman. In
court, he looks like a clean, upstanding young man. The
prosecutor, however, has evidence on the police file which
shows that the man has six prior arrests for robbery, three
prior convictions for assault: and two prior convictions for
perjury. Is that evidence admissible during the prosecution
case? Explain.

 The general rule is that evidence of bad character

is inadmissible.
53. In which of the following instances may the evidential
burden not shift to the accused?

A. Defence of alibi
B. Proof insanity as a defence
C. Self defence, where grievous bodily harm on a
victim has been established by the state
D. Proving circumstances which bring the case within
any exception to the law creating the offence
114
 E. None of the-above
54. What inference may be drawn by the court if the
prosecution omits to call a very, material witness to testify?
 An inference that the witness was going to give
evidence against the prosecution.
55. Which of the following is false in relation to a voire
dire?
A. It can determine if the child is possessed of sufficient
intelligence to give evidence
B. It can determine if the child knows the difference
between truth and falsehood
C. It can determine if the child knows the meaning of
swearing
D. It can determine if the child was able to identify
the accused
E. It can determine if the child has a religious belief
56. In which of the following cases is corroboration
required?
A. Murder
B. Unsworn evidence of an accused person
C. Sworn evidence of a child of tender years
D. Testimony of an accomplice
E. None of the above
57. Nandongo is on trial for careless driving. She has asked
the magistrate to issue witness summons to the American
ambassador, whom she claims was at the scene and can
corroborate her testimony that she was not over speeding.
Do you think the magistrate should issue the witness
summons? Give a reason for your opinion.

 Diplomatic immunity
115
58. Okalo was hit on the head with an iron bar at night. He
collapsed and was found by the police the next morning. He
was taken to hospital where he regained consciousness after
two days. A police detective asked him who attacked him
and he answered that it was Ninjaman who did it. Okalo
died ten days later due to the severe injuries he had
sustained. Explain whether the statement Okalo made to the
police is admissible in the prosecution of Ninjaman for
murder.
 No, the statement wasn’t made in expectation of
death.

59. Give an example of a situation where a witness may not

be obligated, against his or her wish, to give evidence at a
trial.

 In a criminal trial, a spouse may not be obligated

to give evidence against his/her spouse.

SECTION G
CRIMINAL LAW
60. Which of the following is NOT prohibited by the
constitution of the Republic of Uganda, 1995 in relation to
retroactive criminal legislation?
A. To render persons triable for criminal offences who
show that they were pardoned in respect of those
offences.
B. To change the rules of evidence to the detriment of
accused persons.

116
 C. To make criminal an act which when done was not
criminal.
D. To aggravate a crime or increase the punishment
thereof.
E. None of the above
61. Give an explanation why ambiguities in criminal statutes
are construed in favour of the accused.
 It’s based on the rule of lenity reasoning being
that individuals should not be punished for their
acts or omissions when the law fails to clearly
communicate to the public that such acts or
omissions are forbidden.
62. Of two persons; an accessory before and an accessory
after the fact, who will be charged with the substantive
offence? Explain.
 Accessory after the fact, it stands alone and is not
dependent on another offence
63. Proof beyond reasonable doubt means:
A. Proof without a shadow of doubt
B. Proof that it is more probable than not
C. Proof with credible evidence
D. Proof that no other logical explanation can be
derived from the evidence except that the accused
committed the offence
E. None of the above
64. What: element distinguishes the offence of murder from
that of manslaughter?
 In the offence of murder, malice aforethought
and actus reus has to be proved while in

117
 manslaughter, only actus reus is required to
convict an accused person.
65. A man is charged with the offence of obstructing police
officers while performing their duties. They were plain
clothed policemen whom he prevented from impounding his
car. He claims he did not know they were police officers
performing their duties. The prosecution submits this is an
offence of strict liability. Is there substance in the defence?
Explain.
 Yes, there is a substance, the man is not claiming
intention (that he did not intend), he is claiming
that the police officers were plain clothed hence
connotes to a defence of mistake.
66. The deceased had an altercation with his wife. He
attempted to hit her with a pestle. She grabbed it from him
and hit him on the head. He suffered a fractured skull and
died. At the wife‟s trial for murder. She has claimed that she
hit him in self defence. Is there merit to this argument?
Explain.

 No, the force used was unreasonable

67. Explain what you understand by common intention.

 It is a pre-arranged plan and action in concern

pursuant to that plan.
68. State one element of the defence of compulsion.

 Immediate threat
69. Of the following, which one is not among the objectives
of punishment?
64. Recidivism / relapse

118
 65. Deterrence / prevention
66. Retribution / vengeance
67. Reformation / rehabilitation
68. None of the above

SECTION H
CRIMINAL PROCEDURE
70. Which of the following does not have the power to
commence a prosecution in Uganda?
A. The Inspectorate of Government
B. The Director of Public Prosecutions
C. The Criminal Investigations and Intelligence
Directorate (C.I.I.D)
D. Court Martial prosecutor
E. Immigration Officer
71. Which of the following CANNOT determine the place
where a criminal trial will be held?
A. Presence of the accused within the territorial
jurisdiction of court
B. Consent of the parties to the prosecution
C. The offence was wholly or partly committed within
jurisdiction
D. Discretion of the Director of Public Prosecutions
E. None of the above
72. Briefly explain how the law prevents the arrest or
prosecution of persons for flimsy reasons.

119
  By providing that a person shall not be charged
or convicted for an offence which is not provided
for by the law and the penalty prescribed.
73. From the nature of the investigation going on it appears
impracticable to bring a person arrested before an
appropriate magistrate's court within forty eight hours. What
should the police do with the suspect?
 Give a police bond to the accused person
74. Mention one circumstance where court may issue
criminal summons.
 Where the accused is properly charged with an
offence and, or where the accused person fails to
appear and attend or answer the charges against
him or her.
75. Musoke was charged with inciting violence. The
particulars of offence stated in the charge sheet read as
follows; "Musoke and others at large, while on a radio talk
show, decampaigned the government identity card
registration process. ls this appropriate as an expression of
particulars of offence? Explain.

 No, the particulars if the offence did not state the

elements of the offence. It’s a requirement that an
accused person should be able to tell from the
chargesheet the precise nature of the charges
against him/her so as to be in position to prepare
his/her defence and evidence in answer of the
charges.
 In Kubanisi V R (1965) E.A 572, it was held that a
charge would be incurably defective if it contains
the wrong ingredients of the offence or if it omits
an essential ingredient of the offence.
120
76. An accused person was tried for the offence of theft and
in the alternative receiving stolen property. He pleaded
guilty on both counts and was sentenced to one year's
imprisonment on the count of theft and six months'
imprisonment on the count of receiving stolen property, to
run concurrently. Were these proceedings properly
conducted? Explain.
 No, the proceedings were not properly conducted.
An accused person cannot be legally convicted
and sentenced on both the main offence and
alternative offence.
77. According to sections 146 and 147 of the Magistrates
Courts Act, when a person is charged with an offence and
facts are proved which reduce it to a minor cognate offence,
he or she may be convicted of the minor offence although he
or she was not charged with it. With an example, explain
what a minor cognate offence is within the context of those
provisions.
 A minor cognate offence is a lesser offence that is
related to the greater or major offence because it
shares several of the elements of the major
offence and is of the same class or category.
78. Explain the purpose of committal proceedings.
 Committal proceedings are held for a purpose of
determining whether there is sufficient evidence
to justify sending the accused to stand trial before
a judge of the High Court.
79. Which of the following is among the considerations for
the selection of assessors?
A. Citizens of Uganda
121
 B. Between the ages of twenty one and sixty
C. Understanding of the local dialect
D. Ability to follow the proceedings
E. None of the above

SECTION I
APTITUDE
80. “ What is the argument on the other side? Only this, that
no case has been found in which it has been done
before.That argument does not appeal to me in the least. If
we never do anything which has not been done before, we
shall never get anywhere. The law will stand still whilst the
rest of the world goes no; and that will be bad for both”. Per
Denning L.J in Parker v. Parker P.15 at 22.
According to Denning, what will “bad for both”?

81. „Violence on women (VAW) continues to form the

largest component of GBV (Gender Based Violence)
incidences in many societies. Groups of perpetrators include
people who are close to the victim such as the spouses,
father/guardian, boy/girlfriend, brother, uncle, neighbor, and
a guest who comes to the home. The perpetrators in those
group have power and authority over their victims because
they command respect as their elders (in the case of a father,
brother, and uncle). The other group includes people within
the community, who are not too close but have power and
authority over the victim‟s welfare, such as humanitarian
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worker, the police, soldiers, doctor, teacher, religious leader,
traditional leader, and local councilors (LC1). Finding of
GBV incidences with highest proportions were indicated to
be Hitting, and Pushing/Shaking or throwing something at
the victim are executed by someone with much
strength………..customs have socialized men to use their
strength to inflict hitting and other bodily harms on errant
wife in the home. Very unfortunately, both males and
females in these regions accepted that a man hitting his wife
was acceptable, thus condoning “hitting incidences” within
communities. Due to the fact that the main perpetrator of
GBV incidences in the society are men, they therefore need
to understand and appreciate the adverse negative effect of
GBV perpetration against women and children. It is only
through this appreciation that men could make a turning
point and cooperate by changing their attitudes and
behaviors and stop generating GBV incidences in the homes
and communities‟. Adopted from Uganda National Action
plan on Gender Based Violence.
Which of the following statements is accurate?
A. All gender based violence is against women
B. Strong women cannot be subjected to gender based
violence
C. Men who perpetuate gender based violence
command respect as elders
D. Dependency creates fertile ground for gender based
violence
E. Men hot their wives because it is considered
acceptable in some regions.
82. The Table below shows the Uganda Wildlife Authority
park entrance fees for category „A‟ Parks.

AGE/CLASS U.S $ UGX

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 FNR FR EAC
Adults 40 30 15,000
Children 20 10 5,000
School NA NA 2,500
children
Groups
Abbreviations:
FNR – Foreign Non Residents
FR Foreign Residents
EAC – East African Citizens
US $ = United States Dollar
UGX = Uganda Shillings
Children are those persons aged 15 years and below
Which of the following statement is false?
A. A single child accompanied by her parent pays more
than a child in a school group
B. UGX 2,500 is applicable to only East African school
children in groups
C. School children in groups pays U.S. $ 20
D. A 16 year old foreign nonresident pays U.S $ 20
E. Foreign resident adults pay less than foreign
nonresident adults.
83. „For young children, the period from conception to
their second birthday is characterized as the 1,000 days
of opportunity to effectively and sustainably address
malnutrition. Interventions to prevent malnutrition have
the greatest benefit during these 1,000 days.
Interventions after the second birthday can make a
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 difference but often cannot undo damage done by
malnutrition during the first 1,000 days‟
(Adapted from Uganda Nutrition Action Plan).
The above passage suggests that the effects of
malnutrition before the age of two cannot be reversed:
A. True
B. False
C. Cannot tell
84. „Uganda ended 2013 with a population of 36,824,000
people, which represents an increase of 478,140 people
compared to 2012‟. Per www.countryeconomy.com
a) Write the 2013population in words.
B calculate the 2012 population

SECTION J
VALUES
85. Using examples and justify some African customs and
values which you think should be infused into our laws and
system of legal education

- END OF EXAMINATION-

125
2015 EXAM
SECTION A
LEGAL METHODS
I. State the body which regulates the legal profession in
Uganda.

The Law Council

2. A village Local Council 1 (L.C 1) court is constituted by:
A. All members of the executive committee of the
village council.
B. The Local Council 1 chairperson.
C. The village chief.
D. A Justice of the peace.
E. A grade 1 magistrate.
3. What is a moot?
 A moot is a legal question, fact, or any issue that
has not been settled therefore subject to debate,
or argument.
4. Which of the following is not a Neutral citation?
A. [2000] EWCA Civ 1.
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 B. [2002] UKI-IL 1.
C. [1998] IJGSC 5.
D. [1975] E.A 1.
E. None of the above.
5. Explain the meaning of adjectival law.
 Adjective law means the type of law that
prescribes the procedure by which substantive
law is enforced or made effective.
6. A magistrate in Uganda is faced with two conflicting
authorities. One is by the High Court of Uganda. Another is
from the House of Lords in the United Kingdom. Which of
the two should she follow? Explain.

 She should follow that of the High Court, since its

court of record and its decisions are binding on
the lower courts, whereas the decisions from the
House of Lords are persuasive; not binding.
7. If a statute confers on the Chief Justice power to make
certain rules of procedure, such rules would fall in the
category of;
A. Secondary legislation.
B. Primary legislation.
C. Judge made law.
D. Principal legislation.
E. Civil Procedure Rules.
8. A local government Ordinance imposed a levy on
processors of maize, sorghum, millet and other produce. A
cotton processor wishes to object to a demand for payment
under the Ordinance. Which rule of statutory interpretation
would you invoke to support his interpretation? Explain.

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  Ejusdem Generis, which means that where a class
of things is followed by general wording that is
not itself expansive, the general wording is
usually restricted to things of the same kind as
listed items.
In the instant case, maize, sorghum, millet are all
cereals, therefore of the same class and hence
cotton cannot be considered to be under the
provision of the Ordinance.
9. What is contained in a Table of Cases in a law text book?

 Full citations of the cases used in the text book

10. Briefly state and illustrate any legal theory you know.
 The Keelson theory; which states that a legal
order (basic norm) underlies every legal system in
turn consists of legal norms (binding rules of
conduct). A legal order determines legal norms,
which are valid as long as they are in accordance
with the legal order establishing them.
An illustration is drawn in an instance where the
Constitution is abrogated and anew one is
formed, all the laws that derive from the
Constitution are valid as long as they are
consistent with the Constitution.

SECTION B
CONSTITUTIONAL LAW
11. In your opinion, was there constitutional order in pre-
colonial African Societies? Explain.

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  Yes, there was constitutional order. The pre-
colonial African societies have an orderly system
of governance with the King as the supreme, the
societies had with laws (norms and customs). The
elders made the laws and among them were those
with judicial powers to solve any issue or
controversy. Any person dissatisfied with the
judgment of the elders had a right to appeal to
the King.
12. The preamble to the [B] Uganda Agreement of 1900
states: We, the undersigned, to wit, Sir Henry Hamilton
Johnston, K.G.D; Her Majesty‟s Special Commissioner,
Commander-in-Chief and consul -General for the Uganda
Protectorate and adjoining Territories, on behalf of Her
Majesty the Queen of Great Britain and Northern Ireland,
Empress of India, on the one part and the under-mentioned
Regents and chiefs of the Kingdom of Uganda on behalf of
Kabaka (King) of (B)Uganda, and the chiefs and people of
Uganda on the other part; do hereby agree to the following
articles relative to the government and administration of the
kingdom of Uganda. Applying your knowledge of
Constitution making, do you think the regents, chiefs, the
King and the people can be deemed to have agreed as
stated?
 I think that the regents, chiefs, the king agreed
but the people did not agree to the [B] Uganda
Agreement of 1900. Whereas the King was young,
but the regents represented him, the regents and
the chiefs represented the people of Uganda but it
was necessary to first consult the people before
consenting to the agreement. Since the people
were not consulted, they did not agree to the [B]
Uganda Agreement of 1900.

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13. What is the relevance of the Lancaster House conference
of 1961 in Uganda's constitutional development?
 The relevance of the Lancaster conference of 1961
is that; it’s a day when delegates from Uganda
had a conference with the British at Lancaster in
Britain to discuss the granting of independence to
Uganda and the relationship of post independence
between Uganda and Britain.
14. Between January 1971 and April 1979, the legislature of
Uganda was:
A. The National Assembly.
B. The Military Council.
C. The Cabinet.
D. Parliament.
E. The Military Head of State,
I5. In your opinion, is it constitutional for law enforcement
agencies to parade suspects before the media for purposes of
informing the public?
 No, it’s not constitutional. Article 28 of the
Constitution provides that a person accused or
charged of any criminal offence is presumed to be
innocent until he/she pleads guilty or pronounced
guilty by Court of competent jurisdiction.
Parading suspects before the media and
informing the public infringes on the suspect’s
right to presumption of innocence
16. Which of the following actions does not require an
enabling Act of Parliament in Uganda?
A. Imposition of a tax.
B. Declaration of a state of war.
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 C. Compulsory acquisition of land.
D. Creation of a new court.
E. Creation of a new criminal offence.
17.Aricle 78 (2) of the Constitution of Uganda requires that
upon the expiration of ten years after the commencement of
the Constitution and every five years thereafter, Parliament
must review the special representation of women, the army,
youth, workers, persons with disabilities and other groups.
The review is for purposes of retailing, increasing or
abolishing such representation. State your opinion on
whether the representation of the above categories should
now be retained increased or abolished.
 it’s my opinion that such representation should be
maintained however, the representation of the
army in Parliament should e abolished since the
army has now stabilized and do not need any
other special representation; therefore the
representation is now an unwanted burden on the
economy of Uganda
18. Article 72 (4) of the Uganda Constitution provides that
any person is free to stand for an election as a candidate,
independent of a political organization or political party.
(a) State one advantage which such a candidate may enjoy.

 He or she is not subject to the party’s rules and

laws
(b) State one disadvantage which such a candidate may
suffer.
 Lack of political party’s support

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19. Article 3(4) (a) of the Uganda Constitution requires all
citizens of Uganda to defend the Constitution. Suggest any
way through which you, a law student can defend the
Constitution.
 A law student can defend the Constitution by
challenging any unconstitutional act or omission
before the Constitutional Court.
SECTION C
LAW OF CONTRACT
20. What do you understand by the expression meeting of
the minds in the law of contract?

 Parties voluntarily, out of their own consent agree

on the terms and conditions of their contract.
21. During campaigns for the 2011 elections in Uganda, a
certain Member of Parliament promised in his manifesto
that he was standing for the last time. He has now changed
his mind and is going to stand in the 2016 elections. Can the
electorate sue him for breach of contract? Explain.
 No, it was not a contract and did not have the
elements of the contract such as consideration
22. Yesterday, a shop keeper supplied a 15 year old pupil
with 5 text books on credit. He has however learnt that
under the Contracts Act, the age of contractual capacity is
13. What should he do in the circumstances?

 If it was a contract for necessities, the child can be

sued
23. An agreement to oust the jurisdiction of the courts is:

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 A. Illegal.
B. Voidable.
C. Unconscionable
D. Unenforceable
E. Unfair.
24. A parent signed a contract with her daughter's class
teacher to provide "coaching" to the girl after class hours.
The parent refused to pay, saying that the teacher was
merely doing her duty. Advise the teacher if he has any
remedy.
 The teacher can sue for breach of contract since it
was outside the course of employment
25. Muleefu received his first salary and headed to the bar.
After drinking several bottles of beer, he stood on the bar
counter and offered free drinks to "all the ladies in the
house". The bar man accordingly served the ladies with
drinks of their choice. Mulefu was given the bill. He refused
to pay. He has now received a notice of intention to sue
from the bar owner. Advise Mulefu on his liability, if any.
 Mulefu can only be liable to pay for the drinks if
at the time of offering the free drinks was able to
understand what he was doing and its
consequences. For a contract to be binding both
parties must have contractual capacity.
Section 12 (1) of the Contracts Act, 2010 provides
that a person is said to be of sound mind, if at the
time of entering into the contract, that person is
capable of understanding the contract and
forming a rational judgment as to its effect upon
his or her interests.
In the case of Gore v Gibson (1845) 13 M & W 62,
a contract made by a person so intoxicated as not
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 to know the consequences of his acts is not
binding on him if his condition is known to the
other party.
26. A politician contracted a famous singer to compose, sing
and record for her a campaign song at a fee. The singer did
the work but before he could deliver the song, the politician
was disqualified from the election due to lack of minimum
academic qualifications. The politician has refused to pay
the singer, citing frustration of the contract. Advise the
singer.

 The singer can sue the politician for breach of a

contract. The contract was cannot be said to have
been discharged by frustration since the
disqualification of the politician was due to his
fault. He well knew that he has no minimum
academic qualification but went ahead to enter
into a contract with the singer for a campaign
song.
Frustration occurs where it is established that,
due to a subsequent change in circumstances, the
contract has become impossible to perform, or it
has been deprived of its commercial purpose.
Taylor v Caldwell (1863), the courts relented, and
held that if the contract became impossible to
perform due to some extraneous cause for which
neither party was responsible, then the contact
would be discharged
See section 66 of the Contracts Act on discharge
of a contract by frustration
27. Illustrate how an injunction can assist the innocent party
in a case for breach of contract.

134
  An illustration can be drawn from an instance
where an employee is under a serious threat of
being terminated in an unfair way, the Court can
issue an injunction to the employer to restrain
from terminating the contract of an employee
without a justification.
28. Which of the following is false about novation:
A. May revive a void contract.
B. May substitute an old obligation with a new one.
C. May replace an original party with a new one.
D. May discharge a previous contractual obligation.
E. May transfer contractual duties to a new party.
29. Very briefly, define "freedom of contract".

 Freedom of a contract is the freewill of the parties

to voluntarily enter into any terms or conditions
of any agreement as they wish but subject to the
law; and such agreement should be interpreted
according to the wishes of the parties as reflected
in the contractual agreement.
SECTION
LAW OF TORTS
30. (a) State one similarity between a tort and a criminal
offence.

 Both tort and a criminal offence are wrongs

prohibited in the society
 Both tort and a criminal offence can be of
absolutely liability.

135
 (b) State one difference between a tort and a criminal
offence
 A tort may not be written down in any statute for
it to be enforced, whereas, a criminal offence
must be provided for by the law and the penalty
prescribed for it to be enforced.
31. In which of the following relationships is vicarious
liability least likely to arise?
A. Principal and agent.
B. Parent and child.
C. Master and servant.
D. Lawyer and client.
E. Employer and employee.
32. A fatal accident under the Law Reform (Miscellaneous
Provisions) Act is one that results in;
A. Injury.
B. Loss of dependency.
C. Death.
D. Disability.
E. Orphans.
33. A railway company seeks your advice as to whether
train drivers owe a duty of care to stubborn people who walk
on the railway tracks.
34. Suzy is a university student and socialite. Her father
recently gave him a car. A tabloid newspaper falsely
reported that car was a gift from her boyfriend. Suzy has no
boyfriend. Advise Suzy.
 Suzy can sue for defamation if the false report
should injured her reputation by lowering her in

136
 the estimation of the right thinking members of
the society that caused her to be regarded with
feelings of hatred, ridicule, fear and dislike.
35. Mama Kali is a boarding school matron who believes in
the proverb "spare the rod and spoil the child". She recently
administered five strokes of the cane on a pupil for stealing
Shs. 1,000. The pupil's mother is enraged and wants to file a
suit as next friend for assault and battery. Assess the chances
of success.
 The mother is less likely to win, since in Uganda,
reasonable punishment of a child (chastisement)
is accepted as a way of disciplining the child.
However, the age of a child on whom strokes were
administered and the force used will be
considered to ascertain whether the punishment
was reasonable and whether it was excess, if it
was unreasonable then the mother is likely to win.
36. You must have read the case of Donoghue v Stevenson
[1932] UKHL 100. What contaminated commodity was
served to Ms. Donoghue, leading to the litigation against the
manufacturer?

 Ginger beer
37. Numerous politicians have pinned their campaign
posters and banners on Aisha's
Shopping mall without her permission. Advise if she has a
cause of action.

 Aisha can sue the politician for trespass

38. Mention one tort of absolute liability.

 Product liability
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 SECTION
CIVIL PROCEDURE
39. Explain what you understand by pleadings.
 These are written/formal documents containing
the allegationsof what is affirmed on the one side
or denied on the other disclosing to the court
40. What is the relevance of a Commissioner for Oaths in
litigation?

 To administer any oaths or take any affidavit for

the purpose of any court matter in Uganda
41. State any way through which the civil procedure laws
encourage alternative dispute resolution after suit has been
filed.
 Mediation as a form of alternative dispute
resolution is mandatory in all civil cases
42. What do you understand by conditional leave to appear
and defend in summary procedure?
 Conditional, where a court attaches a condition to
the grant of leave to defend
 Unconditional, granted with no attached
condition
43. What is a second appeal?
 An appeal based on matters of law, questions of
great public importance arisen (Certificate of
Importance)

138
44. Which of the following is not a proper remedy for a
judgment debtor who has been committed to civil prison in
execution of an ex parte decree?
A. Application for bail.
B. Application to set aside the decree.
C. Application for stay of execution.
D. Payment of the decretal sum.
E. Application for release on the ground of serious
illness.
45. Explain what you understand by "court vacation”.
 It is the time between the end of one term of court
and the beginning of another. In Uganda, during
this period, the courts do not handle civil cases.
Rule 4 of the Judicature (court vacation) RS ST
13-20. However, court can handle urgent civil
cases.
46. Araali sued Akiiki the High Court at Arua for trespass to
his land at Fort Portal. Akiiki wants to raise a preliminary
objection of lack of geographical jurisdiction. What should
Araali do in the circumstances?

 Araali should raise a defence that the High Court

has unlimited jurisdiction
47. Which of the following is not a concern of the court in
judicial review?
A. The decision making process.
B. The correctness of the decision
C. Natural justice.
D. Jurisdiction.
E. Existence of alternative remedies

139
48. Explain the purpose of a hearing notice.
 Informs the parties of the exact time and place
where the court will seat to determine the matter.
SECTION F
LAW OF EVIDENCE
49. Which of the following, even when established, will
render a person incompetent to testify as a witness?
A. Inability to observe.
B. Inability to remember.
C. Inability to communicate orally.
D. Inability to understand the obligation to tell the
truth.
E. All of the above.
50. A spouse may not, without his or her consent, testify
against the other. Give one exception to this rule.

 An exception is in civil matters related to

domestic relations and property.
51. Leading questions may be asked in all but one of the
following situations. Which one is it?
A. During cross-examination.
B. During examination of a hostile witness.
C. When examining on introductory matters.
D. When not objected to.
E. None of the above.
52. Witnesses ordinarily are permitted to testify as to what
they have perceived, e.g., seen, heard, felt, tasted, or
smelled, without testifying as to their opinions derived or

140
inferred from perception. Name one exception to this
requirement.

 Expert Evidence
53. An out-of-court statement presented before court is
hearsay in all but one of the following situations. Which one
is it?
A. If offered to prove the truth of the matter
contained in the statement.
B. If offered for any relevant purpose other than the
truth of the matter asserted.
C. If the content of the statement needs to be believed
in order to for the statement to be relevant.
D. If the declarant has '1 first-hand knowledge" of the
hearsay.
E. None of the above.
54. Odong is on his death bed and says: "I am aware of my
impending death. I have personal knowledge that Ongwen
had nothing to do with the Barlonyo massacres. He was
framed by Kony." Will that statement be admissible as a
dying declaration at Ongwen's trial if indeed Odong died
within five minutes of making it? Explain.

 Yes the statement can be admitted as a dying

declaration since it was made in the hopeless
expectation of immediate death.
55. Which of the following would require proof before a
court of law?
A. Facts judicially noticeable.
B. Facts admitted.

141
 C. The commencement, continuance and
termination of the National Resistance Army
guerrilla war.
D. The Constitution of the National Resistance
Movement Organization (NRMO).
E. None of the above.
56. State one irrefutable / irrebuttable presumption.

 Presumption of law
57. If a matter has any tendency to make a fact, of
consequence, in determining the case, more or less probable
than it would be without the evidence then it is;

A. Probative.
B. Relevant.
C. Material.
D. Proof.
E. None of the above.
58. Which of the following statements is correct?
A. Confessions are to criminal cases as admissions are
to civil cases.
B. A confession must always be made in the presence
of a magistrate or police officer of or above the
rank of assistant inspector.
C. A confession must be made in writing.
D. Judgment is entered against a party who makes any
admission in a civil case,
E. A confession by a co-accused is taken into
consideration even against the accused who did not
confess.

SECTION G
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 CRIMINAL LAW
59. "A criminal act, omission to act, and criminal intent are
elements or parts of a crime that must be proved as part of
every offence." is this a true statement? Explain.

 Yes, mens reus, actus reus or omission must be

proved for a criminal offence expect for strict
liability offences
60. "A crime is an act committed in violation of a law
prohibiting it or omitted in violation of a law ordering it. In
general, the criminal law must be enacted before the crime is
committed," is there an exception to this? Explain
 Yes, contempt of Court,
See Article 28 (12) of the Constitution
61. Becky and Linda go on a shopping spree. Linda insists
that they visit a supermarket. Moments after they enter the
lingerie section, Linda surreptitiously places a bra in her
purse. Becky watches, horrified, but does not say anything,
even though a security guard is standing nearby. Has Becky
committed any offence? Explain.

 Yes, the offence of Neglect to prevent a felony

contrary to Section 389 of the Penal Code Act.
62. Which of the following is not a proper classification of
offences?
A. Felonies.
B. Misdemeanours.
C. Infractions
D. Malum in Se.
C. None of the above.

143
63. John kills Daniel, is prosecuted and sentenced to one
year in prison. Did John commit a felony or a
misdemeanour? Explain.
 Yes, Felony a felony is defined is an offence which
is declared by law to be a felony or, if not declared
to be a misdemeanor, is punishable , without proof
of previous conviction, with death or with
imprisonment for three years or more (Section 1 (e)
of the Penal Code Act Cap 120). Murder is an
offence punishable with death hence qualifies to be
a felony.
64. A suspect viciously attacked his pregnant ex-wife
intending to kill her, but only her baby died in the womb,
and was thereafter stillborn. Should the suspect be charged
with murder? Explain.

 No, suspect did not kill a person

65. Due to the increased spate of fatal bar-brawls,
Parliament enacts a statute that criminalizes "gang attire in
public places." Omara, a law enforcement officer, arrests
Cindy for 'Nearing a bandana at a restaurant since in his
belief, the attire violates the Act. On what basis can Cindy
challenge her prosecution?
 The law does not define what constitutes a gang
tire
66. In which of the following situations will vicarious
criminal liability arise?

A. Owner of shop / shop attendant.

B. Company / Directors of the company.

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C. Site Engineer/ Mason.
D. Driving instructor / learner driver.
E. None of the above.
67. All but one of the following defences requires an
accused to adduce some evidence. Which one is it?
A. Alibi.
B. Self defence.
C. Provocation

D. Intoxication.
E. None of the above.
68. Tina is stopped by traffic police for speeding. Tina
claims her speedometer is broken, so she was mistaken as to
her speed. If true, is she likely to be acquitted? Explain.
 No, traffic offences are strict liability offences
therefore only actus reus without mens rea is
enough to convict.

SECTION
CRIMINAL PROCEDURE
69. Court: Mr. Witness, do you believe in God?
Witness. No, I don't.
Court: Mr. Witness, we appreciate your honesty, however
you are not competent to testify.
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Is this a correct decision? Explain
 No, the decision is not correct the witness would
have given unsworn testimony
70. A prosecution witness has testified during examination
in chief; the court adjourns the case a week during which the
witness unfortunately dies. What should the court do at the
next hearing?
A. Expunge that evidence from the record /disregard the
evidence.
B. Issue a criminal summons for the accused.
C. Cancel the accused's bail.
D. Start hearing the case afresh.
E. None of the above.
71. Which of the following is INCORRECT regarding the
finding of a prima facie case against an accused person?
A. The burden of proof shifts to the accused.
B. The accused may be convicted if he offers no evidence in
rebuttal.
C. The court may take the case as established against the
accused.
D. The court may consider the case as proved beyond a
reasonabledoubt unless there is contrary evidence.
E. None of the above.
72. A magistrate has conducted a voire dire and made the
following finding;
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"The witness does not understand the nature of an oath but is
possessed of sufficient intelligence to justify the reception of
the evidence, and understands the duty of speaking the
truth." This witness should therefore;.
A. Give evidence on oath.
B. Not be cross-examined.
C. Be found incompetent to testify.
D. Give unsworn testimony.
E. None of the above.
73. At the commencement of a criminal trial, it becomes
apparent that the accused‟s mental state has incapacitated
him from understanding the charges against him, and from
being able to assist in his defence. What should the
Magistrate do?
 Stay the proceedings until the accused become of
sound mind. The magistrate should go ahead and
refer the accused to a mental hospital.
74. From the moment when a person is notified that he or
she is recognized as a suspect, such person has all but one of
the following rights. Which one is it?
A. Receive a copy of the charge sheet.
B. Invite a defence counsel.
C. To refuse to say anything.
D. Detention at an authorized place.
E. None of the above.
75. Name the cardinal duty of an accused person when
granted bail by a court of law.

147
  To return to Court on the date mentioned that
s/he should return for further hearing of the
matter.
76. Name the situations where the participation of a defence
counsel is mandatory in criminal proceedings.

 Capital offences
77. A search warrant is required in one of the following
situations. Which one is it?
A. When objects will be sought and seized.
B. When a delay may cause evidence to be destroyed.
C. For search of a person arrested.
D. Where a person being sought may escape.
E. None of the above.
78. A complainant is dissatisfied with the decision of the
Director of Public Prosecutions, declining to initiate
prosecution for the reason that there are no grounds for the
initiation of criminal proceedings. Advise the complainant.
 A complainant can commence prosecutions
against the accused.

SECTION I
APTITUTE
1. Study the following extract section 23 of the Higher
Education Students Financing Act, 2014 and

148
 propositions which follow. Then circle the correct
answer.
23. Repayment of student loan
(1) A person who has received a student loan shall start
paying the loan with the specified interest at least one
year after completing the higher education for which the
loan was given.
(2) For avoidance of doubt, subsection (1) shall apply
whether the person is employed or not.
(3) Without prejudice to subsection (1) a person who has
received a student loan may start repaying the loan before
the time specified in subsection (1).
(4) The Board shall within thirty days after the time
specified in sub section (1), in writing inform the person
who received a student loan to start repayment as
required by this Act.
(5) Where a person has no income for the repayment of
student loan, the person shall within fourteen days after
receiving the notice under subsection (4) in the
prescribed manner, inform the Board accordingly.
(6) The Board .may after verifying the information
contained in the notice under subsection (4), extend the
time under subsection (1) in respect of that person.

Propositions:
(1) Repayment of the loan before the due date saves on
interest payments.
(2) A person who fails the higher education program is not
liable to repay the loan.
(3) Whoever informs the Board that he or she has no income
to repay the loan is entitled to an extension of time.
(4) A student may repay the loan in full before completing
the higher education for which the loan was given.
149
 (5) Delayed release of final results gives a student loan, the
person shall within fourteen days after receiving the
notice under subsection (4), extend the time under
subsection (1) in respect of that person.
A. All the above propositions are correct
B. Only proposition (2) and (4) are correct
C. Only proposition (1), (4) and (5) are correct
D. Only proposition (1) and (4) are correct
E. Only proposition (3) and (4) are correct.
2. “My Lords, in my opinion, the House decline to hear this
appeal on the ground that there is no issue before us to be
decided between the parties. I do not think that it would
be a proper exercise of the authority which this House
possesses to hear appeals if it occupies time in this case
in deciding an academic question, the answer to which
cannot affect the respondent in any way. If the House
undertook to do so, it would not be deciding an existing
list between the parties who are before it, but would
merely be expressing its view on legal conundrum which
the appellants hope to get decided in their favour without
in any way affecting the position between the parties”.
Per Viscount Simon, LC. In Sun Life Assurance
Company of Canada v Jervis [1944] A.C 111
According to Viscount Simon, what would be wasted if
the House were to hear the appeal?
3. The table below shows the monthly average exchange
rate between the United States Dollar and the Uganda
Shilling during the period from November 2014 to July
2015. The data has been extracted from the Bank of
Uganda website.

Month Nov.14 Dec.14 Jan.15 Feb.15 Mar.15 Apr.15

Rate 2,734.2 2,768.8 2,860.7 2,868.8 2,951.6 2,995.6

a) What is the best month in which to buy Dollars?

150
b) Round off the exchange rate foe February 2015 to the
nearest hundred.

4. “Society cannot live without morals. Its morals are those

standards of conduct which the reasonable man approves.
A rational man, who is also a good man, may have other
standards. F h has no standards at all he is not a good
man and need not be further considered. If he has
standards, they may be very different; he may, for
example, not disprove of homosexuality or abortion. In
that case he will not share in the common morality; but
that should not make him deny that it is a social
necessity. A rebel may be rational in thinking that he is
right but is irrational if he thinks that society can leave
him to be rebel”.
Per Lord Devlin in his essay „Morals and Criminal Law‟
Which of the following statement is false concerning
Lord Devlin‟s argument?
A. Morals are a necessity for good people in society.
B. Good people may disagree with what society considers to
be immoral
C. A rational .person without morals is a bad man.
D. Unreasonable people cannot be relied on to set moral
standards in society
E. A rebel is entitled to believe that he is right.

SECTION J
VALUES

151
5. “Replacing government sponsorship with student loans
may lead to unethical practices among young lawyers
who will eek quick money in order to repay the loan”.
Outline reasons for either agreeing or disagreeing with
this statement.

-END OF EXAMINATION-

2016 EXAM
SECTION A
LEGAL METHODS
1. The Uganda Gazette is a:

A. Newspaper.
B. Magazine.
C. Journal.
D. Textbook.
E. Website.
2. Which of the following may apply customary law?
A. Only Local Council Courts.
B. Only the High Court.
C. Magistrates' Courts.
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 D. All courts.
E. Courts of first instance
3. Explain how you apply the law to the facts.
 In applying law to the facts, you state what the
law provides for; thereafter merge the law with
the relevant facts that show how the facts are
supported or against the law.
4. Which of the following statements is correct?

A. Footnotes, side notes and endnotes essentially

serve the same purpose.
A. Footnotes must be in small print.
B. Footnotes contain less important information.
C. Footnotes are written before endnotes.
B. Footnotes, side notes and endnotes contain obiter
dicta.
5. What is meant by a case being on all fours with another
case?

 It means that the case as almost similar legal

issues with another precedent
6. State:
a) Any legal problem you have handled in a coursework
 I handled a hypothetical problem of a man who
slashed the neighbor’s bush without the
permission of the owner; his claim that he felt
unsafe because of the bush.
b) Your conclusion regarding the legal problem.

153
  My conclusion was that the man who slashed the
bush was liable for trespass; since he encroached
on the neighbors land without a permission or
reasonable justification.
7. Which of the following statements is false?
A. The High Court can try any criminal offence.
B. The High Court has unlimited original jurisdiction.
C. The High Court has limited appellate jurisdiction.
D. In civil matters the High Court can handle a case
where the value of the subject matter is less than
fifty million shillings.
E. None of the above.
8. Who of the following is a Law Officer?
A. Minister of Justice and Constitutional Affairs.
B. Chief Registrar of the Courts of Judicature.
C. Secretary to the Law Council.
D. Speaker of Parliament
E. Solicitor General.
9. Explain the date of commencement of an Act of
Parliament.
 The date of commencement is the date when a
particular Act of Parliament is deemed to start
operating

SECTION B
CONSTITUTIONAL LAW
1. Which of the following statement is correct with regard to
the 1902 Uganda Order in Council?
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 A. It was enacted by the first British Governor of
Uganda.
B. It was enacted by the Legislative Council of Uganda.
C. It was the first Ordinance enacted in Uganda.
D. It was enacted by the King of the United Kingdom in
his Privy Council.
E. It made Uganda a British protectorate.
2. In your view, why does the Uganda Constitution prohibit
a state religion?
 Uganda is predominantly found with many
religions, having a particular State religion may
lead to the infringement of the rights of other
religions
3. Which of the following is not a function of Parliament?
A. Appropriation.
B. Disciplining corrupt civil servants.
C. Oversight.
D. Approval of a declaration of a state of war.
E. None of the above.
4. State one salient feature of the Movement Political
system.
 Non patriotism, democracy, accountability and
transparency
5. Which of the following statements is correct regarding a
parliamentary system of government?
A. The Prime Minister is the head of state.
B. There is no President.
C. There is no universal adult suffrage.
D. There must be a republic.

155
 E. None of the above.
6. Suggest any constitutional issue which may arise from
organs of the East African Community exercising any
jurisdiction over Uganda.
 Whether the instrument that the organ of the
East African Community is exercising its powers
from has been ratified and domesticated.
7. What purpose is served in having an opposition in
Parliament?

 Advise the ruling party

8. Suggest a reform for strengthening the independence of
the Electoral Commission.
 It should be accountable to the people
 It should be independent from the executive
9. Which constitution of Uganda was the most short lived?
 The 1966 Constitution/ interim Constitution
10. Explain what is meant by the principle that the
constitution has to be read as an integrated whole.
 It means the provisions of the constitution should
be read as a whole each supporting each other but
not destroying each other.

SECTION C
LAW OF CONTRACT
156
1. What is a party invited to do in an invitation to treat?

 To make an offer
2. In what circumstance can a person be liable as a party to a
contract which was entered into even without his or her
knowledge or presence?
 In case of Agency –principal relationship. The
principal can be liable
3. In your opinion, is there a contract between a university
and every student that each course will be taught according
to the syllabus? Explain.

 Yes, since the student makes an offer.

4. How has your study of the law of contract provided a
foundation for the study of any other law subject?
 The law of contract provided a foundation in the
study of the law of agency since for there to be
and a principal – agent relationship, there must
be a valid contract.
5. Some youth are in the habit of cleaning car windscreens
when-motorists stop at traffic Lights. In your view, are those
youth entitled to payment?

 No, because there is no proof of consideration

6. Which of the following statements is correct?
A. Consideration must be adequate.
B. Consideration must be in monetary form.
C. Consideration must be sufficient.
D. Consideration must be paid before a contract can be
enforced.
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 E. Consideration is furnished by the promisee.
7. Zala, a school boy, did not report to school on the first
day of the term because his mother had not given him school
fees. He decided to try his luck in a sports betting shop. He
placed a bet with ten thousand shillings and won one million
shillings. The shop proprietor however refused to pay,
arguing that the school boy's presence was contrary to public
policy. Advise Zala.
 Whereas Zala has no capacity to contract as a
child, he cannot contract for necessities for which
school fees is a necessity, however a betting
contract with a school child is void since it’s
contrary to public policy
8. Explain what is meant by the damages for breach of
contract being compensatory in nature.

 It means that the damages for breach of are

intended to place the innocentparty in the
position he or she would have been in had the
contract been performed. But not to enrich the
innocent party.
See a case of Uganda Telecom v Tanzanite
Corporation [2005] E.A 351, wherein court
observed that in contract, the general intention of
the law of the giving of damages for breach of
contract is that the plaintiff should be placed in
the position he or she would have been in had the
contract been performed.

It means that the aggrieved party should be put back to

his or her original position as if the damage or breach
did not occur

158
9. Which of the following statements is correct?
A. Exemplary damages can be awarded for every
breach of contract.
B. Every breach of contract results in damages.
C. The quantum of aggravated damages is higher than
that of general damages.
D. Specific performance which requires court
supervision is unlikely to be granted.
E. None of the above.
10. A hairdresser's contract of employment contains a term
that if her employment terminates, she will never work for a
competitor of her current employer. Give your opinion on
whether that term is enforceable.
 Such a term is not enforceable since it is not
reasonable; it is unreasonable to restrain a
hairdresser from working for any other
competitor of her former employer. The restrain
term tends to prohibit the employee from
working for any other competitor for her life time
and in whatsoever distance that is unreasonable.
See Section 21 of the Contracts Act, 2010.
In Foster v Suggett (1918) a works manager was
instructed in certain confidential methods of
glass-making. The contract forbade him from
being interested in any other glass-making
concerns within the UK for five years. It was held
that the restriction was valid

SECTION D
LAW OF TORTS

159
1. If an act or omission is both a tort and a criminal offence,
what is the advantage, if any, of proceeding against the
culprit in tort rather than criminal law?
 Criminal case requires a higher burden of proof
which is proof beyond reasonable doubt, unlike in
tort in which standard of proof is on balance of
probabilities
2. Briefly illustrate how the law of torts can be used to
safeguard your natural environment.
 Tort law provides for actions such as nuisance for
pollution of the environment, such an action can
be public or private nuisance.
3. In Uganda, the age of criminal responsibility is twelve
years. In your view, is there an age below which a child can
be said to be incapable of committing a tort? Explain

 No, a child of any can be liable for tort; however,

the objective test of reasonability will be invoked
to ascertain liability.
4. In a part of Uganda, some local officials stormed
homesteads and immunized children amidst their parents'
objections, which were based on religious belief. Were any
tort(s) committed by the authorities? Explain.
 The tort which would have been committed is
trespass to a body, however the need to immunize
the children I s justifiable defence.
5. You might have noticed that, sometimes, when the floor
of a public building is being cleaned, a sign is displayed to
warn that the floor is slippery. What is the relevance of such
a sign in the law of torts?
160
  The law of torts imposes a duty on a person who
is in control of land or property to conduct him or
her in a certain manner, in order to avoid injury
on others that may be caused by the dangerous or
defective nature of the property or premises.
Failure to such requirements, a person can liable
for occupier’s liability.
6. Which of the following does not amount to a tort?
A. Publishing inaccurate news about someone.
B. Driving someone's car without her permission.
C. Domestic violence.
D. Maliciously enticing away a servant from his
employer.
E. Stubbornly continuing to occupy a house after
expiration of the tenancy.
7. A shop owner is threatening to sue a noisy street preacher
for nuisance. Assess his chances of success.

 The shop owner can succeed in an action of

nuisance, since the noisy street preacher was
interfering with the shop owner’s quiet
enjoyment of land.
Private nuisance is a continuous, unlawful; and
indirect interference with the use or enjoyment of
land, or some right over or in connection with it.
Lord Lloyd in Hunter V Canary Whart [1997] 2
All ER 426, observed that private nuisance are of
three kinds, they (1) Nuisance by encroachment a
neighbor’s land, (2) nuisance by direct physical
injury to a neighbor’s land; and (3) nuisance by
interference with a neighbor’s quiet possession of
his land.

161
8. A bee keeper seeks your advice on his liability if the bees
sting a passerby.
 The bee keeper is liable under the liability of
keeping animals of dangerous species. Where a
person keeps an animal or specie which is
naturally dangerous that is; its capable of causing
harm, he or she is liable for the damage or injury
caused by that specie or animal to any person
(Scienter rule).

9. Mulaalo looked on with bemusement when his goat

strayed into the neighbour‟s garden and trampled upon the
crops. The neighbor confiscated the goat. What tort, if any,
was committed by:
a) Mulaalo.

 Negligence
b) The neighbor.
 Conversion,
 And or chattel trespass
SECTION E
CIVIL PROCEDURE
1. Define and illustrate the meaning and purpose of a
preliminary objection.
 A preliminary objection is an objection passed
against the case at its opening for instance raising
a claim that the court has no jurisdiction to

162
 entertain the case, or the claimant has no locus
standi.
2. What is the usefulness of discovery in civil proceedings?

 Discovery reveals more documents of the case

3. Why is a party not permitted to depart from his or her
pleadings?
 To put a limit on pleadings otherwise pleadings
will be infinite
 Avoid trial by ambush
4. Which of the following documents does not require the
signature of the applicant or counsel to be valid?
A. Notice of motion.
B. Plaint.
C. Written statement of defence.
D. Chamber summons.
E. None of the above.
5. In what circumstances may court enter judgment on
admission?
 If the party to a case accepts any fact in issue as
per Order 13 rule 6
6. In your view, is it possible to apply for judicial review of
a High Court decision? Explain.

 No, the High Court is not a quasi judicial body.

7. A court with supervisory civil jurisdiction over a lower
court may:
A. Write judgments for the lower court.

163
 B. Discipline judicial officers of the lower court.
C. Appoint judicial officers of the lower court.
D. Draft rules of procedure for the lower court.
E. None of the above.
8. Who makes the decision in a mediation?

 The parties with guidance of the mediator

9. How may lawyers assist in the promotion of alternative
dispute resolution?

 Sensitization
 Opt for ADR before opening a suit in court
10. State a method of alternative dispute resolution which is
adjudicatory.

 Arbitratio
SECTION E
LAW OF EVIDENCE
1. Facts in issue means:
A. Proved facts.
B. Relevant facts.
C. Contested facts.
D. Admissible facts.
E. All of the above.
2. Who of the following is incompetent to testify?
A. A person of very advanced age
B. A hostile witness.
C. A child of tender years.
D. The spouse of an accused person.

164
 C. None of the above.
3. A formal application for bail was supported by an
affidavit to which was annexed a photocopy of a birth
certificate to prove the advanced age of the applicant. The
prosecutor has objected to the photocopy, arguing that under
the Evidence Act, documents must be proved by primary
evidence. Is the objection sustainable? Explain.
 Yes, however in absence of an original, a certified
photocopy may be relied on
4. Which of the following is the correct sequence for leading
a witness?
A. Oath; cross-examination; re-examination;
examination in chief.
B. Oath; re-examination; examination in chief; cross -
examination.
C. Oath; examination in chief; re-examination;
cross-examination.
D. Oath; affirmation; examination in chief; cross-
examination; reexamination.
E. B. Oath: examination in chief; cross- cross-
examination; reexamination.
5. Which of the following is direct evidence that a gun was
used in a robbery?
A. The testimony of a neighbor who says he did not
see the shooting but heard the sound of gunshots
coming from the victim's house at the time of the
alleged robbery.
B. A newspaper report which quotes an eye witness to
the shooting.

165
 C. The testimony of a member of the public who saw a
police sniffer dog leading the police to the home of
the accused.
D. A scanned version of the medical examination report
of the victim.
E. None of the above.
6. State an example of:
a) A minor contradiction in identification evidence.
 A contradiction as to the exact time (exact hour
and minutes) of identification
b) A major contradiction in identification evidence.
 A contradiction as to the familiarity of the
assailant or a person indentified. As to whether
the person identifying knew the assailant before
or not.
7. What kind of evidence is an expert able to give, which
other witnesses are generally not permitted to give?

 Opinion evidence
8. Which of the following does not amount to documentary
evidence?
A. A blank paper.
B. A traffic sign indicating a speed limit
C. A counterfeit bank note.
D. A wedding invitation card.
E. None of the above.
9. Suggest any reform you deem necessary required for the
law of evidence to catch up with modern information
technology.
166
  Admission of soft copy documents in evidence

SECTION G
CRIMINAL LAW
1. In the case of Woolmington v Director of Public
Prosecutions [1935] AC 462:
A. The accused had raised the defence of accident at his
trial.
B. The trial judge properly directed the jury on the
burden and standard of proof in criminal cases.
C. The Director of Public Prosecutions appealed against
the accused's acquittal.
D. The accused killed his mother-in-law.
E. The House of Lords ruled that the appellant was
innocent.
2. In a subjective test for recklessness as mens rea:
A. Any reasonable person must have been able to
foresee that the particular kind of harm would
arise from the act or omission.
B. There is an act or omission which the accused
knows will create a serious risk of injury to
the person or of substantial damage to
property.
C. The accused does an act or omission which
creates a probable risk.
D. The accused does an act or omission without
giving any thought about the risk.
E. The accused does an act or omission without
recognizing the risk.

167
3. "Motive is completely irrelevant in determining criminal
responsibility". Do you agree? Explain.
 Motive is the cause that moves people to a
certain action
4. "A person cannot be charged with a criminal offence
unless the offence and its penalty are prescribed in the Penal
Code". Do you agree? Explain.
 Yes, Article 28 (12) of the Constitution
provides that except for contempt of court, no
person shall be convicted of a criminal offence
unless the offence is defined and the penalty
for it is prescribed.
5. The particulars of offence in a charge for simple
defilement state that the accused Kafesi "on 1st January 2016
at Katwe in the Kampala district performed a sexual act with
Angel Malaika, a primary school girl". Do these particulars
disclose an offence? Explain.

 No, the age of the victim should be well

stipulated in the particulars of the offence of
defilement in a charge sheet
6. A truck driver stopped at a trading centre and parked at a
bar where he drank 5 bottles of beer. He then entered his
truck but failed to start it because the fuel tank was empty.
The traffic police found him still trying to start the vehicle
and upon testing found that his alcohol level was beyond the
maximum allowed for driving. May this driver be charged
with attempting to drive with blood alcohol concentration
above the prescribed limit?
 Yes, the driver’s actions were beyond mere
preparatory
168
7. To which offence is the defence of diminished
responsibility applicable?

 Murder
8. State an essential ingredient in an offence involving
conspiracy.
 Common intention or agreement between two
or more people to commit a crime
9. In transferred malice:

A. The offender kills the wrong person.

B. The offender induces another person to commit a
crime.
C. An innocent bystander is the victim of the crime.
D. An offender is annoyed by one person but he ends up
attacking an innocent person.
A. The offender has the mens rea of a particular offence
and does the actus reus of the offence, even, though
the outcome differs in some way from what he
intended.
10. A university student was admitted on government
sponsorship but he told his mother that he had been admitted
on private sponsorship. The mother gave him tuition money
which he spent on for activities. Explain whether he can be
charged with any criminal offence.
 Obtaining money by false pretences contrary
to Section 308 of the P.C.A

SECTION H
CRIMINAL PROCEDURE
169
1. In what circumstances may an accused person be
convicted without the prosecution adducing any evidence?
 In case the accused pleads guilty of the
charges read to him or her.
2. Gangstaman was indicted for treason but the prosecution
evidence has not proved the offence of treason. However,
the evidence adduced has proved the offence of terrorism to
the required standard. May the court convict him of
terrorism? Explain.
 No, Terrorism is not a minor offence of the
Treason; the accused was not given a chance
to defend himself on the offence of terrorism,
therefore it would be contrary to right to fair
hearing is the accused is so convicted.
3."A warrant of arrest is always necessary before arresting
any suspect". Do you agree? Explain.

 No, a warrant of arrest is not always

necessary.
Section 10 of the Criminal Procedure Code
Act sets out the circumstances under which a
police officer may arrest without an arrest
warrant. These are; any person whom he or
she suspects upon reasonable grounds of
having committed a cognisable offence, an
offence under any of the provisions of Chapter
XVI of the Penal Code Act or any offence for
which under any law provision is made for
arrest without warrant.

4. Which of the following must take an oath at a trial?

170
 A. Magistrate.
B. Court clerk
C. Court interpreter.
D. Counsel.
E. None of the above.
5. Which of the following is not a sentence?
A. Compensation.
B. Community service.
C. Caution.
D. Fine.
E. None of the above.
6. Explain to an accused person the meaning of his release
on "non-cash bail of shillings one million".
 A non-cash bail of shillings one million means
that one-million is may not be deposited in
court day and then for a bail order to be
enforced.
7. After a sentence of imprisonment, the convict is:
A. Placed in detention
B. Remanded to prison.
C. Allowed to mitigate sentence.
D. Committed to prison.
E. Given the option to pay a fine.
8. Which of the following has criminal jurisdiction over
children?
A. All courts of judicature.
B. Only family and children courts.
C. Only local council courts.
D. Remand homes.

171
 E. Probation and social welfare officers.
9. State one role of magistrates' courts in handling capital
offences.
 Mentioning the charges against the accused
and committing him or her to the High Court
for trial.
10. Explain what you understand by a "diversion program"
in criminal justice.

 Diversion program means a process that is

undertaken to resolve a criminal matter with
necessarily going through the normal criminal
trial procedure.

SECTION I
APTITUDE

MONTH AUGUST SEPTEMBE OCTOBER N

R
WEEK 1 2 3 4 1 2 3 4 1 2 3 4 1
Concept of law
Legal Systems
Sources of law
Courts hierarchy
TOPIC Language of the law
Statutory interpretation
Case analysis and
precedent

172
Legal research
Tutorials

1. The table above shows a teaching assistant‟s

proposed schedule for covering a subject during a
semester.
(a) Identify the subject
(b) How many week it will take to cover the subject?
(c) In which month and week will two topics be
taught concretely?
(d) What topics are those in (c) above?
(e) Which topic(s) will take the most time to teach?
(f) Identify the word(s) which is misspelt.
(g) Write the correct spelling of the word(s) you
have identified in (f) above.s
(h) What are the most difficulgt topics?
A. Language of the law.
B. Court hierarchy, language of the law, and
statutory interpretation.
C. Statutory interpretation
D. Tutorisls.
E. Cannot tell.
(i) Of the months featured in the table, which ones
have 31days?

SECTION J
VALUES
1. Outline what you consider to be the most
important skills you have acquired from your
undergraduate legal education.

173
2017 EXAM
SECTION A
LEGAL METHODS
1. Describe how you find, on internet, recent
developments inUganda election petition appeals.
 I open the web browser such as Google
chrome, type in Uganda Legal Information
Institute, then check in the Judgments.

2. How does coursework help in skill a law student?

174
  Course work helps in shaping research and
presentation skills of a law student.

3. Which of the following statements is correction?

A. Uganda has one High Court.
B. Uganda has a High Court in most of the major
towns.
C. The High Court does not apply customary law.
D. The Principal Judge exercises supervisory
jurisdiction over High
Court Judges.
E. All the above
4. State one useful piece of information you would find
in the long title of an Act.
 The scope of applicability and the major purpose
for which and Act was promulgated.

5. Describe the content and purpose of a reading list.

 A reading list contains the subject and the topics
to be covered, the authorities relevant. Its
purpose is to guide in research.

6. What do you understand by “repugnancy” in the

context of customary
law?
 I understand repugnancy in the context of
customary law that any custom which is
inconsistent/repugnant with the law or nature
justice is void to the existent of its inconsistency.

7. Explain one danger of plagiarism.

 Plagiarism can lead to legal sanctions since it’s
prohibited by the law
 Plagiarism can affect the critical skills of a person

175
8. The purpose of the Bar Course is to:
A. Provide professional legal training.
B. Enable academic and professional legal
education.
C. Enable the Law Development Centre to admit
lawyers to the Bar.
D. Enable lawyers to obtain a diploma in law
E. All the above.
9. Explain what you understand by the case method
 A case method is a teaching approach that uses
decision-forcing cases to put students in the role
of people who were faced with difficult decisions
at some point in the past

10. Suggest one way in which social media can be used

in legal education
 It can be used as a platform for group discussions
and sharing of information.

SECTION B
CONSTITUTIONAL LAW
1. On 9th October, 1962, Uganda ceased to be.
A. A protectorate of the United Kingdom.
B. A colony of the United Kingdom.
C. A Dominion of the United Kingdom
D. A federal State
E. All the above
2. How many constitutions has Uganda had?
A. Three.
B. Two
C. Five
D. Four
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 E. Six
3. Why, in your opinion, does the Uganda
Constitution permit Members
of Parliament to determine their own
remuneration?
 In my opinion, the Uganda Constitution permits
Members of Parliament to determine their own
remuneration since they have powers to legislate
or enact any law. Therefore evenwhere they had
no powers, they could enact a law conferring such
powers to them.

4. (a) What rights, if any, would be violated if a

local government were toban street preachers?
 Right to freedom of religion and expression as
protected under Article 29 of the Constitution of
the Republic of Uganda, 1995

(b) What defence, if any, would be available to

the local government if sued for violation of that
right.
 The right to freedom of religion and expression is
not absolute therefore it can be limited as
provided for under Article 43 of the Constitution
if it’s in public interest.

5. State anything you know about Albert Ven (A.V)

Dicey
 Albert Ven (A.V) Dicey is the author of
introduction to the study of the Constitution
(1885)
 He popularized the Doctrine of Rule of Law

6. Which of the following would require an

amendment of Uganda‟s
177
 Constitution?
A. Alteration of the boundaries of Uganda
B. Abolition of the death penalty.
C. Increasing the number of Districts.
D. Increasing the number of cabinet ministers,
E. None of the above.
7. Would you recommend a bicameral legislature
for Uganda? Explain,
 I would recommend a bicameral
legislature for Uganda since it would grant
a deeper assessment of the laws before
they are promulgated, both chambers will
have to assess the laws that they intend to
pass.
A bicameral legislature is the lawmaking body of
a system of government where authority is
shared between two separate houses, or
chambers, that work together to make laws.

8. State one way in which the judiciary can defend

the constitution.
 By declaring and nullifying acts, omissions or
provisions of the law that are inconsistent with
the provisions of the Constitutions

9. Who is the ombudsman in Uganda‟s

constitution?
 The Inspector General of Government

SECTION C
LAW OF CONTRACT
1. How may someone accept an offer which is
made to the whole world?

178
 By acting in accordance with the description or
conditions in the offer.

2. Sande recently offered to sell his car to

Mande if Mande could raise shs.
10,000,000 within seven days. Mande is
frantically looking for the money
Before seven days expire. Sande has however
changed his mind about
Selling the car. Does Sande have any
remedy?
 Yes, an offer can be revoked at any time before
it’s accepted.

3. Mzee Kika sold his land very cheaply

because he thought it was in a
Wetland. He later found out that it was
actually not in a wetland and
Attempted to refund the purchase price,
arguing that the contract was
Vitiated by mistake. What is your view?
 In my view, the mistake didnot vitiate the
contract. A unilateral mistake ordinarily doesn’t
render a contract void, exceptions such as clerical
error that did not result into gross negligence,
reliance on a statement of another about material
fact that the second party knew or ought to have
known must be proved.

4. How is the law of agency relevant to

contract?
 The law of agency defines a principal and an
agent as well as circumstances under which the
agent actions in a contract can bind the principal.

179
 5. Define a contract of indemnity.
 A contract of indemnity is a legally binding
agreement under which a party undertakes to
compensate the other in case of the occurrence of
a loss agreed upon in the agreement.

6. Which of the following events does not

discharge a contract?
A. Performance
B. Nonperformance
C. Frustration
D. Accord and satisfaction
E. None of the above

7. A parent enrolled her daughter in a private

school but failed to pay the Tuition. The
parent and the school have worked out an
arrangement whereby the parent will supply
10 bags of maize every term in lieu of paying
tuition.
a) Identify the accord in the transaction.
 The agreement between the school and the parent
that the parents will supply 10 bags of maize in lieu
of tuition is the accord in the above transaction.

b) Identify the satisfaction in the transaction.

 The maize and actual supply of maize is the
consideration in the above transaction.

8. What is the relevance of having a force

majeure clause in a contract?
 A force majeure clause discharges the parties to
the contract their obligations in case an event that
makes the performance of a contract impossible
happens.
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 9. Ms. Pretty booked D.J Wifi to perform at her
wedding in December this year. D.j Wifi has
cancelled the booking and want to refund the
deposit,claiming that he has rescheduled his
album launch for the same day.Mspretty
wants to sue D.J WiFi for specific
performance.
Assess her chances of success.
 Ms. Pretty can successfully sue D.J Wifi for
specific performance it is still practicable for Dj.
Wifi to perform at the wedding.

SECTION D
LAW OF TORTS
1. Which specific sector or institution in Uganda would
you like to sensitize about the law of torts, and why?
 The health sector; since may of the doctor’s and
nurses in Uganda handled clients negligently
notwithstanding the fact that they owe them a
duty of care.

2. A lawyer advised his client basing on a law which

has been recentlyRepealed. The client relied on the
advice and entered into a land transaction which
turned out tone unenforceable. Advise the client.
 The client can sue the lawyer for professional
negligence

3. Nandi hired a private security company to guard her

house. The guard who was deployed would make
some extra money by washing Nandi‟s car every
morning. One day, he carelessly sprayed water into

181
 the engine and alleged that they were vicariously
liable for their employee‟s negligence.
Asses Nandi‟s chances of success.
 Nandi is not likely to succeed, since the acts of the
guard where outside the scope of employment.

4. In the United State case of Liebeck v McDonald‟s

Restaurants (1994), the Plaintiff purchased hot
coffee from a McDonald‟s restaurant but suffered
burns when she accidentally spilled the coffee in her
lap. She argued that the coffee was defective because
it was too hot and likely to cause seriousinjury. The
jury awarded her damages,would this case have been
decided differently in Uganda. Explain.
 No, it would not be decided differently in Uganda
since liability was based on a tort of negligence
for which the same principles still apply in
Uganda.

5. In a defamation case, the plaintiff‟s witnesses

conceded that on readingthe alleged defamatory
newspaper article, they immediately knew it
wasfalse and their opinion of the plaintiff did not
change at all. Is the plaintiff likely to succeed in that
suit? Explain.
 No the plaintiff is not likely to succeed in that suit,
the false publication should injure his reputation
by lowering him in the estimation of the right
thinking members of the society that caused him
to be regarded with feelings of hatred, ridicule,
fear and dislike. In the instant cases, the witnesses
confirmed that they knew that the publication
was false and their opinion of the plaintiff did not
change at all, therefore there was no defamation.

182
 See John Nagenda V The Editor of the Monitor
Publications SCCA 5/1994 (Unreported)
Held,
Defamation is the publication of a statement
which has a tendency to injure the reputation of
the person to whom it refers by lowering him/her
in the estimation of the right thinking members of
the society generally and in particular to cause
him to be regarded with feelings of hatred,
ridicule, fear, dislike/disesteem or which tends to
make them shan / avoid that person.

6. In which of the following torts is vicarious liability

applicable?
A. All torts
B. Negligence
C. Torts committed by employees.
D. Negligence and battery
E. None of the above

7. A tourist was bitten by mosquitoes in a hotel room

and contractedMalaria. She wants to sue the hotel
under occupiers‟ liability, she claims that the hotel
ought to have warned her about the presence of
mosquitoes in Uganda. Advise her.
 Although the hotel owner had a duty of warning
the tourist about the presence of mosquitoes in
Uganda, the presence of mosquitoes in equatorial
regions for which Uganda falls is soo obvious that
the tourist was ought to know.

See Cotton V Derbyshire Dales Dc (1994) Times

LR 20, the defendant did not warn about
dangerous cliffs on high path since the danger
was obvious to the visitors.
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8. Bonny loves chocolate. As a result of consuming
large quantities for a long
Period of time, all his teeth are decayed. He is
considering suing the chocolate manufacturers under
product liability. He claims that they failed to print
warning about tooth decay on their products. Asses
the likely outcome of Bonny‟s case.
 Bonny is likely to succeed since the
manufacturers had a duty of warning their clients
that excessive consumption of chocolate may
cause tooth decay, however the manufacturers
can also raise a defence of contributory
negligence.

9. Abar owner has purchased a large sign which reads

We Are Not Responsible For Safety of Your
Valuables
a) What is the purpose of such a sign.
 Such a sign excludes the liability of a bar owner
in that the bar owner is not responsible for the
safety of any person’s valuables.

b) Where should the bar owner place the sign?

Why?
 The bar owner should place the sign at a place
where it’s visible by everyone, such as the
entrance of the bar.

SECTION E
CIVIL PROCEDURE
1. What is your understanding of the expression
rules of procedure are handmaidens of
justice.
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 Rules of procedure are not meant to defeat justice
rather to ensure justice, therefore court can
divert from rules of procedure in case justice of
the case demands.

2. Who of the following has absolutely no

capacity to be a defendant to a suit?
A. A diplomat
B. A child of tender years
C. A person of unsound mind
D. A company in receivership
E. None of the above.

3. State one principle to be taken into account

during the taxation of costs.
 Whereas the successful party is entitled to costs,
such costs should not be soo exorbitant so has to
bar the poor litigants from Court.

4. Which of the following reliefs is

interlocutory?
A. Dismissal for want of prosecution
B. Mandamus
C. Striking out a plaint
D. Permanent injunction
E. None of the above

5. Who is a process server?

 A process server is a person who is legally entitled
to serve court process

6. What is meant by balance of convenience

when determining whether to grant injunctive
relief?

185
 It means that when court can look at the party
which is most likely to be inconvenienced in case
an injunction is not granted. If the applicant is
most likely to be inconvenienced then court will
order an injunction, whereas if the respondent is
most likely to be inconvenienced, court will not
order an injunction.

7. What is the rationale of awarding interest on

a judgmental sum?
 It leads to quick satisfaction or payment of a
judgmental sum

8. Explain the meaning of an arbitration clause.

 An arbitration clause means that incase of any
dispute between the parties, the dispute shall be
settled before an arbitrator.

9. It is said that a successful mediation results in

a win – win situation for both parties. Do you
agree? Explain.
 Yes, I agree, it’s because in mediation the parties
are guided by the mediator to reach their
judgment or agreement

10. What is the function of a memorandum of

appeal?
 It sets down the grounds of appeal

SECTION F
LAW OF EVIDENCE
1. Evidence is about:

186
 A. Means of proving or disproving
facts under investigation
B. Disputed facts
C. Facts which need to be proved
D. Oral testimonies and documents.
E. Proof which can be perceived by
senses.

2. A prisoner on remand was advised by the

investigation officer to confess to the
offence so that his case can be
expeditiously handled under the plea
bargain initiative. The prisoner proceeded
to record a confession before the officer
in charge of the prison. Is that confession
admissible? Explain.
 No, the confession is not admissible since a
confession should be done before a magistrate or
an officer at a rank of or above assistant inspector
of police.

3. A witness has refused to take an oath

because he says he is an atheist. What
should the magistrate do?
 The magistrate should allow the witness to give
unsworn evidence

4. How does the law of evidence protect

communications between advocates and
their clients?
 The communication between advocates and their
clients is considered to privileged information.

5. “In what grade did you pass P.7?” Is this

a leading question? Explain your answer.
187
 No, the question does not suggest a particular
answer

6. Under section 29 (2) of the Computer

Misuse Act, a person seeking to introduce
a data message or an electronic record in
any legal proceeding has the burden of
proving its authenticity. This is done by
evidence capable of supporting a finding
that the electronic record is what the
person claims to it to be.
a) What type of burden is featured in the
above legal provision?
 Evidential burden
b) Suggest a way of introducing into
evidence a text message stored in a
mobile phone.
 The text message should be transferred to a CD
by an expert in that field of information
technology, then that person should swear an
affidavit showing how he transferred the text
message from the phone to a CD
 See the case of Amongin Jane Francis vs. Lucy
Akello &ElectoralCommission)
HCT-02-EV-0001-2014)

7. The issue before a rural magistrate‟s

court is whether the defendant supplied
the plaintiff with a diseased cow. The
cow had died a few days after it was
delivered. The plaintiff has presented his
herdsman as an expert to testify that the
cow was suffering from food and mouth
disease. The herdsman has been in that
occupation for 30 years. Should the
188
 herdsman be allowed to testify as an
expert?
 No, the herdsman is not an expert in cow disease
or as a veterinary doctor, whereas expertise can
of experience, the 30 years experience of the
herdsman is not in cow diseases.

8. What is evidence of character?

 This is the evidence which proves that a person
acted in a particular way on a particular occasion
based on the character or disposition of that
person.

9. A politician‟s academic qualifications are

being contested in court and you have
advised him to present a certified copy of
his university transcript. Explain to him
the practical steps he should take.
 Make a photocopy pout of the original transcript
 Pay the relevant fees (certification fees) if any
required
 Present the photocopy with the original transcript
to the transcript office or any other office charged
with certification of transcript
 Then ask for certification, and
 A photocopy will then be certified

SECTION C
CRIMINAL LAW
1. Which of the following laws do not create a criminal
offence in Uganda?
189
 A. The Constitution
B. Statutes
C. Statutory instruments
D. Ordinances
E. None of the above

2. Some rural children seek your advice as to whether

they are liable for theft if they pick and eat
sugarcanes which fall from moving trucks.

 No, they are not liable for theft, since such

sugarcanes which fall off the moving
trucks and are not claimed are considered
to be abandoned property, hence cannot
be said to have been stolen.

3. A night watchman at a school was under strict

instructions by the headmaster to shoot any intruder
on sight. One day, a student who had escaped from
school attempted to climb over the school fence and
enter. The watchman thought the student was an
intruder. He shot him dead.
a) Did the watchman commit murder? Explain.
 Yes, the night watchman had malice aforethought
(transferred intention) of killing a person and by
his actions went ahead to shot a student to his
death.

b) Suggest and possible defence to the offence.

 Compulsion, since he was under strict instruction
of his master (headmaster)

190
4. Section 167 (a) of the Penal Code Act provides that
any person who, being a prostitute, behaves in a
disorderly or indecent manner in any public place
shall be deemed to be an idle and disorderly person.
Outline what the prosecution must prove to secure a
conviction under that cited provision.
 That a person was a prostitute
 Disorderly or indecent behavior
 That the behavior was in public
 Participation of the accused

5. “The accused person does not have a duty to prove

an alibi”. Do you agree”
Give a reason for your answer.
 Yes, the burden of proof in criminal matters is on
the prosecution

6. Busungu is contesting with Busagwa in a

parliamentary by-election one evening, Busungu
found Busagwa defacing Busungu‟s campaign
posters. Busungu pulled Busagwa by the collar and
violently pushed him away. Busagwa fell down and
lost a tooth. Busungu has been charged with assault.
He claims that what he did was in defence of
property. Do you agree?
 No, the force used was unreasonable

7. Asses the criminality liability of a person who

commits a crime while sleepwalking.
(Somnambulism).
 For a person to be criminally liable both mens rea
(Guilty mind) and actus reus (Guilty act) must be
present. In the case of sleepwalking, a person
lacks the mens rea (guilty mind) or the intention
to commit a crime. Therefore it’s my submission
191
 that a person who commits a crime while
sleepwalking is not criminally liable.

8. An internet cafe attendant routinely printed emails

for a regular customer. The emails concerned a plot
to wage war against the Government. She read the
emails but did not report to any authority. Did she
commit any offence?
 Yes, misprision of treason contrary to Section 25
of the Penal Code Act, Cap 120

9. A husband and wife were shopping in a supermarket.

The husband ordered the wife to hide a bottle of
whiskey in her handbag. As they were exiting the
supermarket, both were arrested and charged with
theft. Suggest a defence for the wife, if any.
 Defence of compulsion as provided for under
Section 14 of the Penal Code Act Cap 120

10. A government official has threatened that people

who borrowed funds from the youth livelihood and
failed to pay back will be arrested and prosecuted.
Comment.
 There is no law that provides for that offence and
prescribe a punishment. Therefore the people
who borrowed funds from the youth livelihood
and failed to pay back cannot be successfully
prosecuted in a criminal case; however they can
be sued in a civil case.

SECTION H
CRIMINAL PROCEDURE
1. What is the difference between a trial with
assessors and a trial by jury?

192
 In a trial by assessors, the assessors give their
opinion after hearing the case, the opinion is not
binding, whereas
 In a trial by the jury, the jury gives a verdict or
judgment

2. Mr. Kaos is on trial for assault. He has presented

to court a letter from the complainant wholly
withdrawing the case and forgiving the accused.
What should the magistrate do?
 The magistrate should dismiss the case and
therefore acquit the accused

3. State one function of the prosecution in a

criminal trial.
 To prove its case against the accused to a
standard of beyond reasonable doubt

4. Which of the following statement is correct?

A. Bail is a constitutional right.
B. Release on bail is not possible after
conviction.
C. A magistrate‟s court may in some
circumstances release on bail a person
charged with a capital offence.
D. Denial of bail is appealable.
E. All the above

5. A criminal case was dismissed for want of

prosecution. However, the newly freed person
was immediately re-arrested outside the court
and charged a fresh with the same offence.
Advise if this was lawful.
 No, that amounts to double jeopardy.
Accordingly, section 18 of the Penal Code
193
 prohibits punishing a person twice for the same
offence

6. When the court has ruled that the accused has a

case to answer:
A. The accused must defend himself or
herself.
B. The accused must call witnesses
C. The accused is likely to be convicted.
D. The accused must be remanded
E. The accused can refuse to say anything.

7. Why is it necessary for the prosecution to

disclose their evidence to the accused side before
the trial begins?
 It’s a right to trial hearing and it helps the
accused to know the case against him or her and
adequately prepare a defence.

8. A public servant is on trial for diversion of public

resources contrary to the Anti- corruption Act.
What steps can the prosecution take to ensure
that the accused does not dispose of his ill-gotten
wealth before the trial is concluded.
 Make an application for Mareva Injunction

9. How does the law protect the privacy of children

who are on trial before a family and children
court?
 The case may be heard in chambers and the name
of the child is not used, the word Juvenile may be
used.

194
 10. Propose and justify a suitable form of community
service which can be conveniently done by a
university student.
 Cleaning a road

SECTION I
APTITUDE
FUNDING/INCOM SEMESTE SEMESTE
E R1 R2
Employment 3,000,000 1,500,000
From Parents 970,000 970,000
Loans 700,000 300,000
From Scholarships 300,000 110,000
Transfer from 200,000 0
savings
Total 5,170,000 2,880,000
FUNDING/INCOM
E

EXPENSES
Tuition 970,000 970,000
Fees (parking, 180,000 180,000
library, etc)
Rent 500,000 500,000
Food 650,000 380,000
Cell Phone and 780,000 90,000
Internet Bill
Transport 450,000 300,000
Entertainment 750,000 100,000
Medical care 30,000 30,000
Charitable 200,000 0
Donations
Clothing 600,000 300,000
Total EXPENSES 5,110,000 2,850,000
195
 1. The above table is a record of a student‟s
income and expenditure during a past
academic year. The community was
presented to her parents.
(a) How many rows are in the table?
___________________________
(b) How many columns are in the table?
________________________
(c) Why do you think funding from parents is
970,000 per semester?
(d) Suggest a reason why the expenses for
semester 2 are lower than those for
semester 1.
(e) How much money was left unspent by the
end of the academic year?

SECTION J
VALUES
1. “There are many roles through which
a trained lawyer can serve society
without necessarily practicing law”.
Do you agree or disagree? Give your
reasons.

- END GOOD LUCK-

-

2018 EXAM
SECTION A
LEGAL METHODS

196
1. What do you understand by the expression a leading
authority?
 A leading authority is a principle of law,
decision or legal provision that is considered
as the guiding principle in a particular aspect
or area of law.

2. Which of the following is a publisher of legal

materials?
A. LexisNexis
B. Glanville Williams
C. Halsbury‟s Laws of England
D. Winfred and Jolowiz
E. All the above

3. What must a student consistently do in order to

qualify for a certificate of due performance?
 The student must satisfy or fulfill all the
requirements of the course or programme in
order to qualify for a certificate of due
performance.

4. State what you know about a tutorial assistant.

 A tutorial assistant conducts lessons to
students (especially university students) for
purposes of explaining and classifying what
has been covered by the main lecturer in a
particular subject, topic or course unit.

5. How may customary law be proved in court?

A. Submissions of learned counsel
B. Testimony of any old people
C. Professional witnesses
D. Evidence of persons who are familiar with the
custom in issue
197
 E. Citing the Judicature Act and the Magistrates
Courts Act.

6. What is a saving provision in an Act?

 A saving provision in an Act is a provision,
section or subsection that exempts of a specific
thing out of the general things mention in an
Act.

7. A student in your discussion group has cited a case

which she says was decided by the British House of
Lords in 2017. What would your comment be?
 My comment would be that such a decision is
persuasive but not binding. This because the
British House of Lords is not a Court of
record of Uganda.

8. Which of the following is a quasi –Judicial tribunal?

A. Disciplinary Committee of the Law Council
B. Constitutional Court
C. Commissions of inquiry
D. None of the above in A,B and C
E. All the above in A, B and C

9. Briefly describe the procedure for borrowing or

using a book in your law school library.
 Upon reaching the borrowing section, you
state that you what to borrow a book, mention
the name of the book, author, version or
edition and year of publication.
Thereafter the librarian will look for it.
Upon getting it he or she asks for your
registration number, enters your name as a
borrowers.
198
 She or he informs the timeline within which
you are required to return the book.

10. By what ceremony does a lawyer become an

advocate in Uganda?
 Enrollment ceremony

SECTION B
CONSTITUTIONAL LAW
11. Upon the imposition of the British rule, the Chief
executive of the Uganda Protectorate was:
A. The Commissioner.
B. The Legco.
C. The Imperial British East Africa Company.
D. The Regents of the infant Kabaka of Buganda.

12. The Preamble to the 1995 Constitution begins as

follows – We the people of Uganda: Recalling our
history which has been characterized by political and
constitutional instability. State how any provision of
the 1995 Constitution was intended to ensure that
there would not be a repeat of political and
constitutional instability.
 The Constitution of the Republic of Uganda,
1995 under Article 3 prohibits any person or
group off persons to take or retain control of
the Government of Uganda except in
accordance with the Constitution. Any person
who, singly or in concert with others, by
violent or unlawful means, suspends,
overthrows, abrogates or amends the
constitution or it or attempts to do any such
act, commits the offence of treason.

199
13. What do you understand by constitutional
conventions in constitutional law?
 In constitutional law, constitutional
conventions means the rules for determining
the mode in which the government shall
exercise its powers.
However, a constitutional convention is a duly
constituted assembly of delegates or
representatives of the people of a particular
state, nation or country for the purpose of
framing, revising or amending its
Constitution.

14. The Constitutional of Uganda permits limitation of

the enjoyment of rights and freedoms to the extent
acceptable and demonstrably justifiable in a free and
democratic society. What test, in your view, can a
court use in order to determine whether a specific
limitation of rights and freedoms is acceptable and
demonstrably justifiable in a free and democratic
society?
 The Court can consider whether such
limitation of the enjoyment of rights and
freedoms is in public interest.

15. What value, if any, do political parties add to

democratic and good governance?
 Political parties nominate persons of various
skills, experience and talent to stand for
political positions for the good governance of
the Country.

16. In the case of Jowett Lyaboga v Bakasonga and

Others [1963] E.A 57, the High Court declared that
the first six defendants were not lawfully elected
200
 members of the Busonga District Council and that
the seventh defendant was not lawfully the
Kyabazinga of Busonga. Parliament reacted by
enacting The Busonga (Validation) Act of 1963 to
validate the impugned elections and appointment.
Would such a law pass constitutional muster under
the 1995 Constitution of Uganda? Explain.
 No, such a law would not pass constitutional
muster under the 1995 Constitution of
Uganda wherein Article 92 provides that
Parliament shall not pass any law to alter the
decision or judgment of any court as between
the parties to the decision or judgment.

17. Explain the meaning of the following functions of

parliament:
(a) Appropriation
 Appropriation also known as budget approval
means a function tasks Members of
Parliament to analyse and pass or approve the
national Budget every financial year.

(b) Oversight
 Oversight means a function that tasks
Members of Parliament to monitor and bring
to the attention of ministers and the public,
government misuse of funds, violations of rule
of law and unlawful activities.

18. What is to ratify a constitutional amendment?

 To ratify a constitutional amendment is to
approve or accept a proposed amendment to
the Constitution.

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19. Under the Constitution of Uganda, any person who
alleges that an Act, other law or anything in or done
under the authority of any law; or any act or
omission by any person or authority, is inconsistent
with or in contravention of a provision of the
constitution, may petition the constitutional court for
a declaration to that effect, and for redress where
appropriate. But in the United States, a plaintiff must
have standing i.e he or she must demonstrate Injury-
in-fact; Causation and Redressability.
Which of the two approaches would you prefer?
Give your reason.
 Uganda’s approach is better that the
approach of United States since a
Constitutional petition is made in public
interest and it doesn’t need to have a standing
since such a petition restrains further actions
or omissions that are contrary to the
Constitution.

SECTION C
LAW OF CONTRACT

20. At common law, breach of a promise to marry

someone is actionable. In your view, does such a
promise amount to a contract?
 No, such a promise to marry does not amount
to a contract since it doesn’t encompass all the
ingredients of a valid contract. Ingredients
such as consideration and intention to be
legally bound by are always lacking in a
promise to marry.

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21. In the case of Fisher v Bell [1961] 1 QB 394, it was
held that the display of goods in a shop amounts to
an invitation to treat but not an offer to sell.
(a) What item had the defendant displayed in the
window of his shop?
 A Flick Knife

(b) In this information Age, we have the internet

phenomenon of a “shopping cart” which is e-
commerce software that allows visitors to an
internet site to select items and place them in a
“basket”. The software calculates the total
payment of the order, including shipping and
handling charges, and applicable taxes. In your
view, is the principle in Fisher v Bell applicable
to an online shopper who selects goods and
places them in the “Basket”? Explain.
 Yes, the principle Fisher v Bell is applicable,
display of goods on internet only amounts to
an invitation to treat but not an offer, then if
an online shopper selects goods and places
them in the basket then he or she makes the
offer to the shopkeeper, where it may be
accepted by the entity or a person that
displayed such goods on internet.

22. A certain gentleman moves around several villages

on a bicycle while announcing that he is prepared to
buy any old batteries, flat irons and other junk
electrical appliances presented to him. Does this
announcement amount to an offer? Explain.
 No, it does not amount to an offer. It amount
to an invitation to treat calling up the persons
with such electrical appliances to make an

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 offer which may be accepted by that
gentleman making announcements.

23. A bodaboda rider was charged with unlawful

assembly and granted cash bail of shs. 2,000,000,
which he does not have. He has therefore decided to
sell his new motorcycle at shs. 500,000 in order to
raise the cash bail. Would you buy that motorcycle
if you had money? Explain.
 Yes, I would buy that motorcycle reason being
that consideration must be sufficient but need
not be adequate. Therefore consideration
must be having some value (sufficient) and
need not have the same value or equal value of
the exchange in an agreement but the law will
take it as consideration as adequate if the
parties have agreed to the exchange.

24. Charity guaranteed the payment of a loan taken by

her room-mate. The room-mate defaulted and the
lender immediately demanded that Charity do pay
up. Charity has rejected the demand on the ground
that no consideration moved to her from the lender
and that the purported contract of guarantee is
therefore unenforceable. Advise the lender.
 Charity is liable to pay since in a contract of
guarantee there need be no direct
consideration between the guarantor and a
guarantee, Section 70 of the Contracts Act
No.7, 2010 clearly states that anything done,
or any promise made for the benefit of a
principal debtor, may be sufficient
consideration to a guarantor to give a
guarantee.

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 Note: Section 68 of the Contracts Act No.7 of
2010, a contract of guarantee means a
contract to perform a promise to perform or
discharge the liability of a third party incase
of default of that third party, which may be
oral or written.
Section 71, the liability of a guarantor is to the
extent to which a principal debtor is liable and
liability of a guarantor takes effect upon
default by the principal debtor.

25. Which of the following statements is correct?

A. An infant does not have any capacity to contract.
B. A contract must be between two parties.
C. An illiterate person cannot enter into a written
contract.
D. Consideration must be stated in legal tender.
E. None of the above

26. In Esso Standard (U) Ltd v Semu Amanu Opio,

S.C.C.A No.3 of 1993, the High Court had awarded
the respondent Shs. 15,000,000/= as general
damages for breach of contract and the damage
included an element of punitive damages. On appeal,
the Supreme Court held that exemplary or
aggravated damages may not be awarded for breach
of contract.
(a) What, in your view, is the rationale for such a
principle?
 The rationale is to restore the aggrieved party
in the position he or she would have been in
had the contract been performed. (Restitution
intergrum)

(b) Do you agree with the principle? Explain.

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  Yes, since in contract the general intention of
the law of the giving of damages for breach of
contract is that the plaintiff should be placed
in the position he or she would have been in
had the contract been performed. More so for
court to award punitive damages, should
either prove that there has been oppressive,
arbitrary , or unconstitutional action by
servants of the government, where the
defendant’s conduct has been calculated by
him to make a profit which may exceed the
compensation payable to the plaintiff or
where the law for the time being authorizes
the award of exemplary damages,

27. What do you understand by “ratification” in the law

of agency?
 In the law of agency, ratification is when the
Principal accept, confirms or assent to a
contract or any dealing done by his/her agent
who exceeds his/her authority or any person
who had no authority to act acted as if he or
she had the authority.

SECTION D
LAW OF TORTS
28. Ms. Softy, who is a very emotional person, went to
the cinema to watch SPIRITS, a new movie. It
turned out to be a horror movie. The movie
traumatized her so much that she had to seek
counseling services. She wishes to be advised as to
whether the cinema had a duty to warn clients that
SPIRITS was a scary horror movie.

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  Yes, the cinema had a duty to warn its clients
that Spirits was a scary movie since it was
reasonably foreseeable that the movie could
traumatize some clients hence causing damage
or injury.

29. Doctor Sharp of Sharp Medical Clinic instructed his

nurse to inject Naka with a dose of quinine but the
nurse administered an over-dose because she
misread the doctor‟s poor handwriting. Naka
suffered permanent health conditions.
(a) What is Naka‟s cause of action, if any?
 Naka’s cause of action is negligence

(b) Whom should Naka sue? Explain.

 Naka should sue the employer of the nurse
who is either Sharp Medic Clinic or Doctor
sharp. This is premised on the principle of
vicarious liability wherein the employer or
master is liable for the damage cause by
his/her employees or servants.

30. During the transfer season, a football acquired a

player at Shs. 100,000,000. A prominent sports
blogger posted a picture of the player with the
caption reading “The Most Expensive Junk in the
World”. Both the club and the player are aggrieved
by the publication.
(a) Advise the club.
 Whereas the club is aggrieved by the
publication, it has no cause of action since the
publication did not in any way refer to the
club.
(b) Advise the player.

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  The player has a cause of action in
defamation; he can therefore sue the blogger
who published the defamatory statement.
However the player has to prove that the
statement published injured his reputation in
the estimation of the right thinking members
of the society generally and in particular
caused him to be regarded with feelings of
hatred, ridicule, fear, dislike/disesteem or
which tends to make them shan / avoid him.

See John Nagenda V The Editor of the

Monitor Publications SCCA 5/1994
(Unreported)
Held,
Defamation is the publication of a statement
which has a tendency to injure the reputation
of the person to whom it refers by lowering
him/her in the estimation of the right thinking
members of the society generally and in
particular to cause him to be regarded with
feelings of hatred, ridicule, fear,
dislike/disesteem or which tends to make them
shan / avoid that person.

31. The police preferred a charge of “theft of a motor

vehicle” against a suspect in their custody. The
resident state attorney, on perusing the file, advised
that it was a civil matter between the complainant
and the suspect. He directed the immediate release of
the suspect. What tort could the complainant allege if
he decides to pursue a civil remedy? Explain.
 The complainant can allege a tort of Detinue.
Detinue is an action in tort seeking to recover
for the wrongful taking of personal property
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 and it should be initiated by a person who
claims to have a right to possession of such
property/chattel.

32. Munafu was part of a delegation which visited Trial

and Error Mixed Farm to learn modern farming
methods. While at the farm, a swarm of bees escaped
and stung Munafu. While he was running away, he
fell into a deep pit which had been left uncovered
without any warning signs. Munafu now seeks your
advice about taking legal action against Trial and
Error Mixed Farming respect of “dangerous”
animals and “occupier‟s liability”.
Advise Munafu on his chances of success in respect
of:
(a) The “dangerous animals”
 Munafu can succeed in a tort of dangerous
animals. Where a person keeps an animal or
specie which is naturally dangerous that is; its
capable of causing harm, he or she is liable for
the damage or injury caused by that specie or
animal to any person (Scienter rule). Since
bees are naturally capable of causing harm
and they indeed caused harm to Munafu then
Trial and Error Mixed farm is liable for the
injury caused.

(b) “Occupier‟s liability”.

 Munafu can succeed in an action of occupier’s
liability against Trial and Error Mixed Farm
since the law imposes a duty on a person who
is in control of land or property to conduct
him/herself in a certain manner, in order to
avoid injury on others that may be caused by
the dangerous or defective nature of the
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 property or premises. Therefore Trial and
Error Mixed Farming liable for any accidents
caused by defective or dangerous nature of its
firm and in the instant case the farm is liable
for the injury inflicted on Munafu when he
fell into a deep uncovered pit at the farm.

33. An excited father was preparing his home to host

the daughter‟s traditional marriage ceremony. He
noticed that the neighbour‟s homestead was shabby
and would convey a negative impression to the
visitors. He therefore instructed hos workers to trim
the neighbour‟s trees and repaint her house. They
trimmed the trees and repainted her house in a bright
yellow colour. When the neighbor returned to her
home in the evening, she was not amused by the
unsolicited trimming and repainting. Advise her.
 She can sustain an action under trespass to
land against the father of the girl since he
instructed his workers to enter and trim, and
paint her house without permission or lawful
excuse.
34. A young lady ventured into the taxi park while
dressed in very skimpy clothes. She was almost
lynched by hoodlums. The police rescued and kept
her at the police post for two days “pending further
investigations”. Does she have a cause of action
against the police? Explain.
 Yes, she has a cause action of false
imprisonment against the police. False
imprisonment is the unlawful restraint of
someone which affects the person’s freedom of
movement. Since the police had no action or
any suspected crime done by the lady, it was

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 unlawful and unjustifiable for the police to
detain the lady.

SECTION E
CIVIL PROCEDURE

35. Why is it important to issue a notice of intention to

sue?
 A notice of intention to sue informs the
adverse party about the claims or allegations
against him or her hence avoids trial by
ambush.
 It allows the parties to settle their
disagreements amicably without resort into
litigation.
 Failure to serve a notice of intention to sue, a
party may be denied costs.

See Regulation 39 of the Advocates

(Remuneration and Taxation of Costs)
Regulations SI267 -4 (As amended), DFCU
Bank V Nasalo Faridah HCMA No. 74/2007,
Failure to serve a notice of intention to sue, no
advocate shall be allowed to costs except with
an order of court.

36. Who of the following is a party to the suit?

A. Guardian ad litem.
B. Next friend.
C. Counter Defendant.
D. Counsel.
E. None of the above.

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37. Is it possible to resolve an election petition through
alternative dispute resolution? Explain.
 Yes, an election petition can be resolved by
alternative dispute resolution since an election
petition is civil in nature and there is no law
that bars parties to an election petition to
settle their grievances out of court.

38. Who is an Umpire?

 An Umpire is a third party appointed by the
arbitrators to settle differences between
arbitrators.

39. How can witness statements help in expediting a

trial?
 It saves courts time since the court will not be
required to conduct the long process of
examination in chief where the witness
statement is admitted as the witness’s
testimony.

40. What should be the ideal duration of an interim

order? Explain.
 The ideal duration of an interim order should
be 30 days but subject to extension by Court.
This is because if a reasonable duration is not
awarded, a party that benefit from an interim
injunction may treat it as a permanent
injunction, abandon the case at the detriment
of the adverse party.

41. A very relevant witness has declined to appear in

court to give evidence on behalf of the defendant.
What should the defendant do?

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  Seek an adjournment and pray that the
witness be summoned or compelled to appear
before Court.

42. What are disbursement in a bill of costs?

 Disbursements in a bill of costs are other legal
expenses other than advocates fee such as
filing fees, orienting and photocopying
charges.

43. What must a court bailiff file in court after executing

a warrant of attachment and sale?
 A court bailiff is supposed to depositing Court
all the proceeds of his or her execution
thereafter submits his or her bill of costs.

See Rule 15 of the Judicature (Court Bailiffs)

rules S.I 13-16

44. Why, in your opinion, does the law restrict appeals

from orders?
 In my opinion, the law restricts appeals from
orders since orders do not dispose of all issues
presented by a litigant as it is in a judgment
which dispose all issues before Court
SECTION F
LAW OF EVIDENCE
45. Credibility of evidence concerns:
A. Whether the evidence is believable.
B. Whether the evidence is relevant.
C. Whether the evidence is admissible
D. Whether the evidence is direct
E. Whether the evidence is recorded
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46. Sally recently became a born-again Christian and
gave a testimony in her church that she had been
soliciting and receiving bribes in her government
job. The police have picked interest in her testimony.
Advise the police as to whether this testimony is
admissible in evidence as a confession.
 No, the confession is not admissible since a
confession should be done before a magistrate
or an officer at a rank of or above assistant
inspector of police and in the instant case it
was made before the congregation.

47. A magistrate wishes to determine whether a child

should be allowed to give evidence.
(a) Suggest one question which the magistrate
should put to the child.
 Do you why you should not tell lies?

(b) How is the answer to that question helpful in

determining whether the child should be
permitted to give evidence in court?
 The question helps to ascertain whether the
child understands the duty of telling the truth.

48. Just before he breathed his last, the deceased is

reported to have whispered to his neighbor the
following words: “Tell Kasokoso that I have
forgiven him”.
(a) Advise the prosecution as to whether that
statement is admissible at the trial of Kasokoso
for the murder of the deceased by gun shots.
 No, the statement would have been admissible
as a dying declaration but it does not state
anywhere that Kasokoso shot the deceased,
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 the deceased might have forgiven Kasokoso
for a different occurrence but not murder.

(b) Kasokoso is also planning to bring witnesses to

testify that he is a very devout Christian. Advise
him as to whether such evidence is relevant.
 No, the fact that Kasokoso is a very devout
Christian does not prove or disprove a fact in
issue, however evidence of good character is
admissible.

49. What do you understand by the demeanour of a

witness?
 I understand demeanour of a witness as the
manner in which the witness gives his or her
testimony and this includes his or her facial
expression, gestures, tone of voice and
carriage.

50. A university student was charged with rioting. The

trial magistrate took judicial notice of the fact that
“students are known to riot whenever tuition is
increased”. The student was accordingly convicted.
The convict thinks that the trial magistrate
misdirected himself regarding the law of evidence.
Dou you agree? Explain.
 Yes,the trial magistrate misdirected himself
regarding the law of evidence since it is not so
notorious or clearly established that students
are known to riot whoever tuition is increased.
Therefore there was need for the prosecution
to prove beyond reasonable doubt that the
accused are guilty of the charges against them.

215
 See Section 56 of the Evidence Act Cap 6 on
Judicial Notice,
Note: save for the above in Section 56, Court
can take Judicial Notice on Legal matters,
Constitutional matters and customary
matters.

51. Bobby is on trial for robbery. He however claims

that on the day in question he was at home with his
wife, and that on her phone there is a “selfie” they
took together.
(a) Can court order Bobby‟s wife to appear and
testify?
 Yes, she can be ordered to testify in support of
the husband but she cannot be ordered to
testify against the husband.

(b) How can the “selfie” on the phone be tendered in

evidence.
 The photo (selfie) should be retrieved, printed
and tendered into evidence by person who has
retrieved the selfie. Such a person should
swear an affidavit showing the foundations of
how he or she retrieved the selfie.

SECTION G
CRIMINAL LAW

52. A statute has provided that any “person who

contravenes any provision of this Act commits an
offence and is liable for imprisonment”. However,
the term of imprisonment is not specified. Advise the
police as to whether they could initiate under that
statute.

216
  No, the Article 28 (12) provides that exempt
for contempt of court, no person shall be
charge or convicted for an offence which is
not prescribed for by the law and the penalty
not prescribed. Therefore since the penalty is
not provided for, the police should not initiate
charges under that statute.

53. A witch doctor told a patient to bring all his cash for
“cleansing”. The patient handed over shs.
10,000,000 for that purpose. One year later, the
witch doctor has not returned the money. He has
now been charged with theft and obtaining money by
false pretences in the alternative.
Asses the prosecution‟s chances of securing a
conviction on the charge of:
(a) Theft; and
 The prosecution’s chances of securing a
conviction on the charge of theft are low since
it will be hard to prove beyond reasonable
doubt that the witch doctor intended to use
the money at the will of the patient.

See Sections 254 (2) (e), of the Penal Code Act

Cap 120.

(b) Obtaining money by false pretences.

 The prosecution can secure a conviction on
the offence of obtaining money by false
pretences since the elements as mention under
305 of the Penal Code Ac t Cap 120 can be
proved. The elements are that the witch
doctor obtained money, it was by false
pretence and that he intended to defraud.

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 See: Chour Mohammed Vs Uganda HCCA
No. 0123 of 2015, wherein the elements of
obtaining money by false pretence was stated
to include:-
- Obtaining or taking away
something capable of being
stolen
- Taking must be by false
pretence
- There must be intent to defraud
- That the accused person
participated in the commission
of the offence.

54. Mama Su passed by her daughter‟s university hostel

one evening and found Su seated on the lap of a
young man who was smoking marijuana, and he
confidently introduced himself as the boyfriend.
Mama Su administered several slaps to the young
man. Mama Su has been charged with assault. She
has raised the defence of provocation. Assess her
chances of success.
 Mama Su can succeed if she proves that the
act or insult was of such a nature as to be
capable of depriving an ordinary person of
his/her power of self-control and induce her to
commit the assault to the person whom did or
offered the act or insult.
She has to prove that the provocation was
done in heat of passion before the accused has
had time to cool down as it was held in Ikuku
alias Maina Nyaga Vs Republic [1965] EA
496.

218
 In the instant case, since Mama Su is in
immediate care of her daughter, she can
succeed on proving that the act induced her to
commit assault.

Provocation is defined under Section 188 (1) of

the Penal Code Act Cap 120.
See Okwang William v Uganda CACA No. 69
of 2002

55. Under section 120 of the Traffic and Road Safety

Act, it is an offence to aid, abet, counsel or procure
any person to drive a motor vehicle at a speed in
excess of a speed limit lawfully imposed.
(a) In your opinion, is it necessary for the accused
person to be aware that a speed limit has been
imposed?
 No, such offence is a strict liability therefore
Mens area or intention is not necessary for a
person to be criminally liable.

(b) If a master tells his driver to “hurry up”, and the

driver over-speeds, has the master committed an
offence? Explain.
 Yes, the master is liable for aiding and
abetting his driver to over speed

56. (a) State one offence in any anti-corruption

legislation in Uganda or elsewhere.
 Causing Financial loss contrary to Section 20
(1) of the Anti- Corruption Act, 2009

(c) Outline the ingredients of the above offence.

 Proof that:

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 - The accusedis an employee of
government
- He did or omitted to do an act he had
knowledge would cause Financial Loss
- The loss occurred
- That the accused participated in
commission of the offence

57. A village girl aged 17 was found to be pregnant. She

revealed to her parents that her boyfriend was one
Mr. Bodaman. Bodaman was immediately arrested
by the police on a charge of defilement. A few days
later, the girl‟s parents requested the police to release
Bodaman so that he could work and support their
daughter and her baby. Bodaman was released and
he has since then been financially supporting the
pregnant girl.
(a) Do the above facts disclose the offence of
defilement by Bodaman?
 Yes, there was carnal knowledge with a girl
below the age of 18 years, and whether the
Bodaman is liable, according to his conduct, it
supports the assertion that he is responsible
for the pregnancy.

(b) Do you think the parents committed a criminal

offence?
 Yes, the offence of accessory after the fact.

SECTION H
CRIMINAL PROCEDURE
58. In a private prosecution the parties are:
A. Complainant and Accused
B. State and Accused
C. State, Complainant and Accused.
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 D. Director of Public Prosecutions and Accused.
E. All the above.

59. Can a company be an accused person in a criminal

case? Explain.
 No, a company cannot be an accused in a
criminal case. One of the purpose of criminal
law is to punish the accused by conviction and
a sentence follows. A company is incapable of
being imprisoned in its legal capacity or
performing any sentence such as community
service.

60. Explain what you understand by discharge of

sureties.
 Discharge of sureties means releasing or
discharging person(s) who are under a duty or
obligation of ensuring that of the accused
returns to Court to attend trial from their
duty or obligation of guarantying the return
of the accused to Court.

61. An accused person having presented his defense, the

state has filed a withdrawal of the charges. What
order should the trial court make?
 The trial court should make an order of
acquittal, acquitting the accused from the
charges against him/her.
62. The accused was charged with obtaining money by
false pretences. After the testimony of the
complainant, the prosecutor is of the opinion that the
accused should be charged with theft instead. Advise
the prosecutor.
 The prosecutor should pray for leave of court
to amend the charge sheet. Since theft is not a
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 minor offence of obtaining money by false
pretence, and if the safe was not stated as an
alternative offence, the prosecutor cannot
successfully shift from obtaining money by
false to pretence to theft.

63. What risk does a refractory witness face?

 A refractory witness faces a risk of being
imprisoned, however their evidence is still
treated with caution, only used for where
there is sufficient corroboration and the
weight placed on such evidence is low as it was
held in Patrick Macharia alias Machaa vs
Republic C. A No.41 of 2012 (High Court of
Kenya).

64. State one factor which the court may take into
account when determining the amount of a fine to be
paid by a convict.
 Expenses such as medical expenses incurred
by the victim or complaint
 Court should consider the fact that criminal
proceedings are not to enrich the complaint
but to convict and sentence the accused.
65. An accused person was released on bail but he is
now reported you be offering scholarship to the
prosecution witnesses so that they can travel abroad
for further studies. Advise the prosecution.
 The prosecution should apply to court to
cancel the bail and remand the accused to
prison since he is interfering with evidence
and investigations.

66. A foreign fugitive in Uganda is wanted in his home

country to face charges of sedition and misprision of
222
 treason. Advise the government of that country on
the possibility of extradition.
 The extradition may not be possible since the
charges against the fugitive are of political
nature.

67. Fundi has applied for bail pending an appeal. One of

his grounds for seeking bail is that there is a
presumption of innocence. Asses his chances of
success.
 Fundi’s chances of success are low since a
person only enjoys the right to presumption of
innocence if he or she has not pleaded guilty
or pronounced guilty by Court. In the instant
case, Fundi was convicted and therefore he
was pronounced guilty of the offence
committed. Therefore presumption of
innocence cannot be used as a ground for bail
application.

SECTION I
APTITUDE

68. Read the following and answer the questions below.

Instructions:
1. A maiden name (if any) should appear immediately
before the surname
2. Use uppercase to fill the form
3. After filling the form online, print it in quadruplicate

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4. Attach passport size photographs measuring 50 mm
x 50 mm.
5. Use legible handwriting.
6. Do not enclose original academic transcripts at this
stage
7. Do not forget to pay the application fee of £ 5.50.
There is a discount of 10% if any payment is made
by credit card. If you choose to pay in Uganda
shillings, the exchange rate is shs. 5,000.
8. Think about the environment before printing of the
instructions.

(a) What is the nexus between the environment and

printing of the instructions?

(b) Which of the above instructions is superfluous?

Why?

(c) To which category of people would a maiden name

apply

(d) What do you understand by uppercase?

(e) What do you understand by quadruplicate?

(f) Calculate the area (in square centimeters) of the

required passport photograph.

(g) What could be the alternative to submitting original

academic transcripts?
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(h) Write £ 5.50 in words.

(i) Calculate the amount payable by an applicant who

has chosen to pay cash in Uganda shillings.

(j) Calculate the amount payable an applicant who has

chosen to pay by credit card in Uganda Shillings.

SECTION 1
VALUES

“Legal education and practice should focus more on

socio-economic transformation of Africa that
idealistic notions of rule of law and democracy”.
Outline your reasons for disagreeing or disagreeing
with this proposition.

-GOOD LUCK-

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