UGANDA CHRISTIAN UNIVERSITY FACULTY OF LAW LLB IV ADVENT SEMESTER FINAL EXAMINATIONS 2021/2022 COURSE UNIT: CIVIL PROCEDURE 1 DATE: Wednesday 8"" December, 2021 TIME: 9:00am - 12:00pm INSTRUCTIONS: 1. This exam carries 70 marks 2. Answer THREE questions in total including QUESTION ONE which is COMPULSORY and Carries 30 Marks. In addition to Question One, candidates may attempt any other TWO Questions. Answer any other TWO Questions in Addition to Number One. 4. This examination is partially open book. Candidates are permitted to come to the examination room with clean copies of the relevant statutes. Sharing of Statutes is not permitted. 5. Use of relevant authorities and or examples presented in a clear and legible handwriting shall attract high scores; 6. Mobile phones and other electronic gadgets shall not be allowed into the examination rooms. 7, The University rules regarding the conduct of examinations shall apply to this examination; 8. Time allowed is 3 Hours. = Question One: (Compulsory) On 14 October 2021, Mr. Wamundu Patrick, a prominent businessman in Mbale was travelling to Kampala to negotiate with some prospective buyers of his coffee. On his approach to Kakira, in Jinja District, his Toyota Hilux Double cabin registration No. UBC 366L was involved in a head-on Collision with a Fuso lorry Registration no. UG 0075W belonging to the Ministry of Works and Transport. The Fuso lorry which was being driven at the time by Alfred Ocen a driver officially employed by the Ministry of Works and Transport was heading to Iganga town. According to eye witness testimony by Joel Malinzi and Solomon Kerere, both of whom are Boda Boda riders based at Kakira stage, the driver of the Fuso lorry attempted to overtake six cars and it was at this point that he veered off his lane and had a collision with Wamundu’s car. Wamundu’s car rolled twice off the road and in the process destroyed a chapati stall manned by Paul Musingwa who however escaped unhurt but lost everything on the stall. He had invested about UGX 6,000,000 in that business. Mr. Wamundu died instantly following the collision. He was travelling with his 14 year old son Nakhaima Patrick who sustained serious head injuries, a broken leg and is still in comma at Jinja hospital. Wamundu is survived by a widow, Seera Elizabeth and three other issue, Khasalamwa Sarah (19 years) a first-year student at Uganda Martyrs Page 1of 3University, Wokape Rose (12 years) and Musuya Deborah (5 years). The Toyota double cabin was irreparably damaged. Nakhaima still has an outstanding hospital bill of UGX 40,000,000 and this is likely to rise since he is still hospitalized. You are an Advocate in Jupiter & Co. Advocates and have been assigned a file with the above facts for your advice to the Senior Partner. (a) Basing on your knowledge of Civil litigation, identify the parties involved and issues that arise out of these facts. (b) Should you consider court action necessary to resolve the issues identified hereinabove, what procedure would you follow and what documents would you ~_, draft on behalf of the Plaintiff(s). Draft the documents. (©) Draft the documents that the defendant(s) will have to file in court. (30 Marks) Question Two: Roke Telkom recently joined the list of internet service providers in Uganda. It approached the Ministry of Information, Communications, Technology and National Guidance with a view to identifying areas where it could intensify its operations. This came at a time when the economy was partially shut down and a number of transactions including in the education sector are being carried out online. A number of areas where identified as prospective places where Roke Telkom could install its masts including a piece of land on a hill in Kiyunga in Mukono District. The land in issue belongs to Seddume John, a 70-year-old man. On 3” July 2021, a team of engineers from Roke Telkom, accompanied by members of the Uganda Police went to the land in issue in Kiyunga to install a telephone mast. Mr. Seddume and two of his sons Ndiwano Paul and Bamuleke Stephen put up resistance since they had never been contacted by either Roke Telkom or the Government. They were brutally beaten by the Police and Walimbwa James and Okello Peter, both employees of Roke Telkom. Following advice from a lawyer Mr. William Okidi of Okidi & Company Advocates, Mr. Seddume and his sons filed Civil Suit No. 345 of 2021 in the High court of Uganda at ‘Mukono against the Attorney General, Roke Telkom, Walimbwa James and Okello Peter alleging trespass and assault among others. Summons to file a defence were extracted from court on 16" November 2021 and handed over to Mukadisi Annet, a court process server. (a) What steps can you take to ensure that the defendants are served with summons? G Marks) (b) Suppose the process server is unable to serve the summons by the 7 December 2021, what steps will you take to ensure that the suit comes to the knowledge of defendants? (3 Marks) (c) Suppose you heard that Okello Peter has got a job with Safaricom and is currently living in Nairobi what steps will you take to ensure service of summons upon him? (3 Marks) Page 2 of 3(d) Suppose you learnt that Walimbwa James is currently incarcerated in Kitalya Prison on charges of espionage, what steps would you take to ensure that he is served with the summons? (3 Marks) {e) Draft the documents you would need in (b) above. (4 Marks) (f) Suppose the process server was successful in serving the summons on 6" December 2021, draft the relevant document that she would have to file in court. (4 Marks) Question Three: Explain the substantive and procedural aspects governing the following: (5 Marks @) (a) The principle of dominus litis and the joinder, addition, striking out and substitution of parties. (b) Consolidation and test suits. (c) Third party procedure. (4) Counterclaim and setoff. Question Four: (a) “The ultimate objective of preparing for a civil suit is to develop a litis contestatio. Accordingly, the claimant must carefully consider all relevant factors before filing a claim in a court of law”. Per LLB4 Student of Uganda Christian university. Explain the fundamental considerations a plaintiff should put into account before and during the filing of a civil suit. (10 Marks) (b) Explain the different modes through which suits may be instituted in Uganda. (10 Marks) Question Five: Discuss the applicability of the principle of limitation of causes of action in Uganda. (20 Marks) Question Six: (a) Commencement of suits under Order 36 of the Civil Procedure Rules is no different from commencement of suits under Order 7 of the Civil Procedure Rules. Basing on your knowledge of Civil Procedure in Uganda, do you agree or disagree with this statement? (15 Marks) (b) Discuss the law relating to representative suits in Uganda. (5 Marks) Page 3 of 3UGANDA CHRISTIAN UNIVERSITY FACULTY OF LAW LLB IV EASTER SEMESTER FINAL EXAMINATIONS 2020/2021 COURSE UNIT: CIVIL PROCEDURE II DATE: Monday 3“ May, 2021 TIME: 8:00am - 11:00am —— ee INSTRUCTIONS: (a) Time allowed 3 hours () This paper consists of SEVEN Questions (©) Attempt THREE questions in total INCLUDING QUESTION ONE WHICH IS COMPULSOR’ (@ ANSWER ANY TWO OTHER QUESTIONS; (©) Originality, clarity and use of relevant authorities presented in clear and legible handwriting will be highly rewarded. (©, This is a partially open-book examination as students may carry statutes into the examination room. Sharing of the above-mentioned Statutes is NOT allowed. (@) The University Rules and Regulations regarding the conduct of examinations shall apply to this examination. Question One: Compulsory Mr. Mitima Jjakaluba, was a defendant in Fort Portal Chief Magistrates Court, Civil Suit No. 456/2021 in which the plaintiff, Mr. Nananana sued him in a suit for trespass on land situate on Freehold Register Block 223 Plot 34 land at Katete. Mr. Mitima Jjakaluba inherited the suit kibanja from his grandmother the late Fennekansi Mututa who was also buried on the same kibanja. Mitima Jjakaluba resides on the suit kibanja with his wife and six children. When the matter came up for hearing Mitima Jjakaluba produced 6 witnesses to prove his case but the Chief Magistrate only allowed him to produce 3 witnesses including himself. The Chief Magistrate justified this on the background that on the day of hearing of the defence case it rained heavily and he could not sit in Court for a long time for fear of the bad weather which even had lightning. With this, Mr. Mitima Jjakaluba was unable to produce the evidence of his Uncle Bendi Down, who had all the evidence proving the ownership of kibanja interests having participated in the whole process of purchase in 1982. Mitima Jjakaluba also attempted to tender in court an agreement of purchase of kibanja of 1982 which he obtained from his grandmother but was denied a chance because he was not party to the agreement and that he could not testify on a matter that happened before he was born. Mr. Mitima Jjakaluba’s lawyer during the hearing of the plaintiff’s case was also denied a chance to cross examine Mr. Nananana because he is a Prince of the royal kingdom of Toro and the plaintiff's evidence went unchallenged. However, he was allowed to cross-examine the rest of the witnesses Page 1of 5Produced by the plaintiff. The case ended in favour of the plaintiff, Mr. Nananana with declaratory orders that the defendant, Mr. Mitima Jjakaluba is a trespasser on the suit and having failed to adduce evidence of ownership of his alleged kibanja interests on the Plaintiff's land. It was further decreed that the defendant pays the plaintiff Ugx. 50,000,000/= in general damages for causing the inconvenience and for using his land for over 20 years without any payment, an order to vacate the suit land within a period of One (1) month from the date of the judgment and costs of the suit. Mr. Mitima Jjakaluba is dissatisfied with the whole decision delivered on the 30" day of April, 2021 and he is before you for advice. Go ahead to advise him on the appropriate course of action. a) Advise Mr. Mitima Jjakaluba on the appropriate remedy in the circumstances and the initial step to commence his remedy? (5 Marks) b) What principles as a lawyer do you think Mr. Mitima Jjakaba should observe if he is to prefer the said remedy identified in (a) above putting into consideration the time lines he has to observe if any? (5 Marks) ©) If you think that Mr. Mitima Jjakaluba will have to formulate grounds upon which his preferred remedy will be based, go ahead and demonstrate the elements he has to observe in the intended grounds and how he can come up with such grounds Putting into consideration the major aspects and documents, if any, he has to look atin order to come up with appropriate grounds. (5 Marks) 4) Advise on the Forum, procedure and documents, Mr. Mitima Jjakaluba will employ if he is to prefer his highlighted remedy under (a) above. (5 Marks) ©) Advise on the possibility of Mr. Mitima Jjakaluba relying on the evidence of his uncle and sales agreement at the level of pursuing his highlighted remedy? (5 Marks) f) Advise Mr. Mitima Jjakaluba on the steps he has to take in order to prevent his likely eviction and demonstrate what he has to prove in order to be granted the appropriate relief from any possible eviction, (5 Marks) Question T Mr. Kalibuni Kisa is a city merchant who deals in the manufacture of Love beds. Sometime in the year 2017, he supplied Big spender Tit with a consignment of love beds worth 40,000,000/=. Big Spender only paid Ugx. 20, 000,000/= leaving a balance of Ugx. 20,000,000/= unpaid to date. This prompted Kalibuni to take him to Court under Mengo Civil Suit No. 234 of 2021. However, Mr. Big spender alleges that he could not pay for the love beds which were damaged and he had immediately upon receiving the supply informed Mr. Kalibuni who promised to replace the damaged consignment with a good consignment but all in vain. Big Spender is before you with a specially endorsed plaint and summons to file a defence served on him on the 30" day of May 2021 by Kalibuni.. a) Advise Big Spender on the appropriate steps to take to enable him defend himself putting into consideration the timelines. (5 Marks) b) Advise Big spender on what he has to demonstrate from above to succeed on his attempt to defend the case against him. (5 Marks) Page 2 of 5q ) spmonstrate What Mr. Kalibuni can legally do to foil any attempts by Big spender lefend the case against him and obtain for himself a judgment. (5 Marks) Ing that Big Spender on receiving the summons did not take any appropriate step in order to defend his case. Go ahead and draft an appropriate affidavit upon which court wil be convinced to enter judgment against Big Spender. (5 Marks) Question Three: “To sit in judgment of those things which you perceive to be wrong or imperfect is to be one more person who is part of judgment, evil or imperfection. Whoever undertakes to Set himself up as judge in the field of truth and knowledge is shipwrecked by the laughter of the Gods”: Per Lord Tracy Atkin. @) Assume that you're the judge mentioned in the obiter dictum of court above, appraise the major components you will contain in a just decision of court. (10 Marks) 5) Enlist what you will do and ensure to enable the successful party commence the Process of realization of the fruits of the judgment. (5 Marks) ¢) Would the steps under (b) above remain the same if the judgment the client is seeking to realize from is of a Chief Magistrate Court? (5 Marks) Question Four: Ramon Films Productions Ltd (RMP), located in Wakaliga in the suburbs of Kampala, is Part of Ugawood popularly known as “Kinauganda” by locals, an emerging film industry in Uganda. It has produced a number of films, popular with locals, such as Feelings Struggle, Sipi, Who Killed Captain Alex and State Research Bureau, among others. On 3" March 2021, RMP received information that their films were being illegally reproduced for resale by MAHJ Productions Ltd in their premises in Bwaise. As a result, RMP has recorded fewer sales of their high-quality DVD’s and online streaming revenue. Ssekamatte Paul, one of the Directors of RMP has approached your chambers with the above information. He also informs you that a one Bwambale Henry, formerly employed as a video editor at MAHJ Productions Ltd has evidence that newly recorded DVDs are ready for dispatch top the towns of Arua, Lira, Soroti and Mbale in the coming week where they will be sold on the streets. He further states that MAHJ Productions has on its computers in Bwaise copies of the pirated films, Blank recordable DVD’s and artwork related to the movies produced by RMP. (a) Advise on the most appropriate remedies to stop and preserve the evidence of the piracy? (3 Marks) (b) Draft the relevant document in (a) above. (6 marks) (c) Suppose you had filed proceedings in court and were told that the Directors of MAHJ Productions Ltd Mwanje Dick and Opio Jude were planning to leave the country and Page 3 of 5Possibly relocate to Tanzania before the conclusion of the case, what action would you take? (6 Marks) {@) Would your advice in (c) above be different if instead MAHJ Productions were disposing of their assets? Justify your answer, (3 Marks) (©) Suppose you were counsel for the defendant and on the day the case is fixed for hearing, neither counsel for the plaintiff nor the client are present in court, what steps would you take? (3 Marks) Question five: Explain the significance of the following in civil procedure: (4 Marks each) (a) Scheduting conference (b) Summons for directions (c) Mareva injunction (d) Security for costs; and (e) Stay of execution. Question Six Vincent Niyonzima obtained judgment and decree in HCCS No. 23 of 2017 in the Mbarara High Court against Dr. Peter Mwesigye, Mbarara District Local Government Council and the Attorney General. In the suit, Niyonzima challenged the decision by the Uganda Sovernment and Mbara District Local Government Council to allocate his piece of land comprised in LRV 230 plot 12 in Kashari Subcounty to Dr. Peter Mwesigye for construction of a private hospital. In the judgment, passed on 13th November 2020, the court awarded Costs amounting to Uganda Shillings 120,000,000/= to Vincent Niyonzima to be met equally by the defendants. The court also ordered Dr. Peter Mwesigye to handover vacant possession to Ismail Kabira. Niyonzima has come to your chambers eager to have the judgment executed and gives you the following information: (a) Dr. Mwesigye has a bank balance of Uganda Shillings 70,000,000/= on his Account No. 01472547819 in Stanbic Bank Mbarara Branch; (b) Dr. Mwesigye owns a commercial building in Bubaare Subcounty with a monthly revenue of Ug. Shs. 5,000,000/=; (c) Mbarara District Local Government owns 4 Toyota Double Cabin Pickups and a Toyota Fortuner SUV for the Mayor’s official use; (d) Dr. Mwesigye has started construction on the suit land and has threatened not to go away since it was given to him by the Government; and (e) The Ministry of Justice and Constitutional Affairs has recently received Ug. Shs. 700,000,000 for settlement of court awards. (i) Advise on how you would use the above information to help Niyonzima? (10 Marks) Page 4 of 5(i) Suppose you were approached by Barbara Kyomuhendo who recently saw an advertisement in the New Vison for sale of the commercial building in Bubaare Sub County and she tells you that she is actually a joint owner of the building, what steps would you take to protect her interest? GB Marks) (ili) Draft the retevant documents in (ii) above. (7 Marks) uestion Seven: When it comes to doing away with interlocutory, ex:parte or default judgments, the Procedure seems to be one and the same but in real sense it is different. Discuss the distinction between the known procedures for setting aside judgments entered without affording a party a hearing including judgments arising from specially endorsed plaints. (20 Marks). Page 5 of 5UGANDA CHRISTIAN UNIVERSITY FACULTY OF LAW LLB IV ADVENT SEMESTER FINAL EXAMINATIONS 2020/2021 COURSE UNIT: CIVIL PROCEDURE 1 DATE: Saturday 9" January, 2021 TIME: 9:00am - 12:00pm INSTRUCTIONS: 1. This is a SIT-IN Examination but you are allowed to USE the Reading List/Course Outline, the Civil Procedure Act, Civil Procedure Rules and any other relevant statutes. Do not discuss or share your materials with anyone. 2. Answer a total number of FOUR questions using a BLUE or BLACK pen. The RED pen should not be used. Question one is compulsory. 4. Originality, clarity of expression, legible writing and use of relevant authorities shall be rewarded. 5. Cheating and/or any form of exam malpractice shall be punishable under the relevant University Rules and Regulations. 6. This Paper carries 70 Marks. - Question One: COMPULSORY On the 07% day of October 2002, Kakeeto Tony the Administrator of the estate of the Late Lawrence Weraga sold 2Acres of land comprised in Busiro Block 250 Plot 321 land at Namusera to one Edison Mulanzi at a consideration of Ugx. 65,000,000/=. Edison Mulanzi paid the consideration in different installments and completed the same in November 2005. Kakeeto then signed mutation forms in favour of Edison Mulanzi to mutate off the 2Acres out of the 3Acres. Kakeeto further signed blank transfer forms to enable the purchaser transfer the title of 2Acres in his name after subdividing off the same. Kakeeto waited for Edison to return his title of 1Acre in vain. He has been demanding the return of his title since 2006 todate to no avail. On the 12" day of November 2020, suspicious of the conduct of Edison Mulanzi, he conducted a search in the land’s registry at Wakiso and found that his title was subdivided and 2.50Acres of land were registered in the names of Sharifah Nabato and Haruna Ddembe on the 22"! February 2018. The residue title which remained in the name of Kakeeto Tonny measures 0.50 Acres. The title for the 2.50Acres is comprised in Busiro Block 250 Plot 824 land at Namusera and the title for the 0,50Acres is comprised in Busiro Block 250 Plot 825 land at Namusera. These developments have seriously affected Kakeeto and is seriously perturbed about the conduct of Edison Mulanzi. Kakeeto further informs you that both Sharifah Nabato and Haruna Ddembe are his neighbours, they know his land very well and were witnesses on the agreement when he sold 2Acres to Edison Mulanzi. He has Page 1 of 5accoretingly come to you for advice on the following; (25 Marks) 8) The possible caise(s) of action (It any) disclosed by the facts. b)_ The possible parties to the case (if any) €) The pre-action documents (if any). 4) The possible remedies available to him (it any), ©) It Kakeeto fs to institute court proceedings against the culprit(s), draft the most appropriate document he needs to institute the court action. ) What is the proper procedure Kakeeto has to follow to ensure that his case is finally instituted in court? Question Two: Assuming that Kakeeto Tony has property instituted his action in court based on your advice in Question 1 above, court issued summons to file a Written Statement of Defence (WSD) to the Defendants you identified in Question 1 above on the 24! day of November 2020. Kakeeto’s lawyer collected the summons from court on 08" December 2020 and started looking for the Defendants together with Kakeeto in total vain. He finally found Edison Mulanzi on the 10™ December 2020 and served him with court process, Attempts to trace the other defendants is futile as the two were informed by their neighbours that they left the country to the United Kingdom and they don't know when they will return back to Uganda, The two received this information on the 15" day of December 2020. Kakeeto and his lawyer are now puzzled on what to do next and have come to you for advice on the following; (15 Marks) a) How they can effect service of summons upon the Defendants b) The procedure they can take in the circumstances. ¢) The relevant documents required to achieve their intended aim and draft them. Question Three: On the 30 day of January 2007, Murungi purchased land comprised in Kyadondo Block 2 Plot 3 land at Kasangati measuring 1.00Acre from Kitooke at a consideration of Ugx. 80,000,000/= (Eighty million shillings only). Murungi paid Ugx. 60,000,000/= on execution of the agreement and the two agreed that the balance of Ugx. 20,000,000/= would be paid in a period of two months from the date of execution of the agreement without any failure and in any case not exceeding the 30 day of March 2007. Murungi was permitted to take immediate possession of the land and develop the same upon payment of the first instalment of Ugx. 60,000,000/=. On the 30” day of March 2007, no single payment was made by Murungi to Kitooke and Kitooke demanded for payment until November 2007 in total vain. In December 2007, Kitooke got a job in the Office of the President and became too busy and was earning well. He completely abandoned demanding his money from Murungi. Early November 2020, Kitooke retired from his office and now badly needs his money ana Ne remembered that Murungi never fully paid his money and wants to commence an actlor Page 2 of 5agai a i him. He has approached you and needs your advice on the followings (15 i) His cause of action against Murungi (if any), ti) The available remedies to him (if any). uestion Four: On 30" May 2019, Musoga sold his car Land Cruiser UBD 833D, 2015 make to Betty at a Consideration of Ugx. 200,000,000/= (Two hundred million only). On execution of the agreement, Betty paid cash of Ugx. 120,000,000/= (One hundred and twenty million Shillings only) and the balance was Ugx. 80,000,000/= (Eighty million shillings only) which Was to be paid in a period of four months not exceeding the 30" day of September 2019. On 30" September 2019, Musoga demanded his balance from Betty who did not respond at all. On 03" October 2019, Musoga collapsed from his home and died instantly. Kakaire, Musoga’s eldest son has come to you and informed you that his father died intestate and they urgently need the money Betty is holding to enable the family carry out the last funeral rites of Musoga. Betty is arrogant and uncooperative and this has frustrated the entire family. Kakaire has further presented to you all the documents concerning this debt and needs your urgent advice on how to proceed next. Advise Kakaire on the procedural steps to take (if any) in order to recover the said money from Betty. (15 Marks) On 10 June 2020, Mugerwa instituted a case for trespass to land against Odur in the High Court of Uganda at Mukono and court issued summons to file a defence against Odur. Odur filed his Written Statement of Defence (WSD) on time and completely and evasively denied all the allegations of fact contained in the plaint against him. When Mugerwa carefully read his WSD, he noticed that in each and every paragraph of his defence, Odur made total denials without giving an explanation of how he acquired interest in the suit land. Mugerwa has come to you with a copy of the said WSD which you have carefully read and confirmed his allegations to be true. Advise Mugerwa on the following; (15 Marks) a) What he can do with the said WSD? b) The procedure to take in dealing with the said WSD. ¢) If court action is necessary, the relevant documents he needs and draft them. Question Yahaya entered into a commission entitlement agreement with Moses on the 30" day of June 2020 at Bulenga, Wakiso Sub County, Wakiso district. According to the agreement, Moses was supposed to find a prospective buyer of Yahaya’s commercial building situate at Bulenga, Wakiso sub county, Wakiso district. The parties agreed that the property will be sold at a Page 3 of 5consiteration of Ugx. $00,000,000/* (Five hundred miltion shillings) and in exchange, Noses would be entitled (TON of the consideration, On 15" July 2020, Moses identified a prospective buyer who paid Yahaya Use. 500,000,000/« for the property. Yahaya did not Honour his contractual obligations and refused to pay Moses a single penny. Accordingly, Noses fited @ suit against Yahaya in the Chief Magistrate 's Court of Kampala at Mengo seeking among others orders against Yahaya for breach of contract, recovery of the contractual sum, damages for breach of contract and general damages, Court issued summons to file a defence to Yahaya who has carried the same to you and a plaint and needs your advice. Advise Yahaya on the following; (5 marks) ) The practical steps he need to take to respond to Moses’ case. b) The procedural steps he can undertake to finally and completely deal with Moses” current case, ( €) The documents he needs to achieve (b) above and draft them. Question Seven: Sanyu sold land comprised in Kibuga Block 3 Plot 20 land at Lubaga, Kampala District to Atenyi at a consideration of Ugx. 600,000,000/= (Uganda shillings Six hundred miltion only). The agreement was made from Hotel Serene at Fort portal town, Kabarole district and signed on the 01" day of July 2020. Atenyi paid Ugx. 400,000,000/= (Uganda shillings Four hundred million only) on execution of the agreement leaving a balance of Ugx. 200,000,000/= (Uganda shillings Two hundred miltion only) and both parties agreed that it should be paid in 4 period of one month without fail. On Ot August 2020, Sanyu demanded her balance from Atenyi without any positive response. Atenyi switched off all her known telephone contacts and Sanyu looked for her in vain. Given this conduct, Sanyu put her land back on market to look for other willing purchasers who started inspecting the same. When Atenyi got to know this, she started constructed a small house on the land and on the 01% day of October 2020, she filed HCCS NO. 092 of 2020 in the High Court of Uganda at Kampala (Land Division) against Sanyu seeking for among other orders; a declaration that she is a fraudster, a permanent injunction against Sanyu from claiming ownership over the suit land, stopping her from selling the suit land, general damages and costs of the suit. Before Sanyu got to know about this case, she also on the 05" day of October 2020 filed HCCS NO. 099 of 2020 in the High Court of Uganda at Kampala (Land Division) against Atenyi seeking for among other orders; a declaration that Atenyi is a trespasser on the suit land, a permanent injunction stopping her from carrying out any further construction on the suit land, damages for trespass, general damages and costs of the suit. Court issued summons to file a defence in both cases on the 01* day of November 2020 and each party served the other the respective case. Each party has filed a Written Statement of Defence (WSD) and a reply to the WSD thereto. The suits have now been set down for hearing. that she is both financially and mentally stressed in appearing in both cases. and Atenyi feels that she y es She has come to you for advice on the following; Page 4 of 5 a<<< END >>>UGANDA CHRISTIAN UNIVERSITY FACULTY OF LAW LLB IV ADVENT SEMESTER FINAL EXAMINATIONS 2021/2022 COURSE UNIT: INTELLECTUAL PROPERTY 1 DATE: Friday 10 December, 2021 TIME: 9:00am - 12:00pm ————— INSTRUCTIONS: 1. This exam carries 70 marks 2. Answer THREE questions in total including QUESTION ONE which is COMPULSORY and carries 30 Marks. In addition to Question One, candidates may attempt any other TWO Questions. 3. Answer any other TWO Questions in Addition to Number One. 4. This examination is partially open book. Candidates are permitted to come to the examination room with clean copies of the reading list and relevant statutes. Sharing of Statutes is not permitted. 5. Use of relevant authorities and or examples presented in a clear and legible handwriting shall attract high scores; 6. Mobile phones and other electronic gadgets shall not be allowed into the examination rooms. 7. The University rules regarding the conduct of examinations shall apply to this examination; 8. Time allowed is 3 Hours. —_—————_— $$ um. Question One: (Compulsory; Hon. Robespiere Kinawataka is a well-known politician and Member of Parliament (MP) representing Budadiri County East. On the13th December, 2019, he wrote to H.E the President of Uganda requesting for support with onion seeds in order to improve the livelihood of farmers in his constituency. The letter to H.E. the President was delivered together with a publication from a local farmer, Tony Otoa containing sketches and illustrations detailing popular onion farming techniques. The seeds were availed to him on 17 May, 2020 and sometime thereafter, a rumor was circulated in Budadiri East that Hon. Robespiere had distributed the seeds to his eight wives and their children and not to his constituents. Hon. Robespiere on getting wind of these rumors sought an interview with a popular radio show, Hot Seat hosted by Iguma Gabriel on Budadiri’s no.1 internet radio, RX Public Radio. Hon. Robespiere prepared notes in preparation for the interview which was aired live on 21% October, 2021. While on the show, Hon. Robespiere blamed a rival MP for the rumor and in the middle of his inteview, broke down in tears and attempted to sing a chorus from a popular local song, ‘Abayuda tubera nabo’ sung by Jose Chameleon. He sung the entire chorus for 30 seconds punctuating the lyrics with, ‘wuweeeeeee, wuweeeee, forever Robespiere, forever Robespiere’. At the end of the show, Hon. Robespiere requested Page 1 of 3Budadiri FM, to publish the letter to H.E the President together with the accompanying illustrations but omitted to mention that the illustrations were authored by Tony Otoa. Budadiri FM published the illustrations on its website and social media pages, erroneously crediting Hon. Robespiere as the author of the illustrations. Shortly thereafter, a popular music producer, Bangs Beats who was listening to the show created a sound recording of Hon. Robespiere’s rant and turned it into a hillarious caller tune that was downloaded one (1) million times on Youtube. The caller tune incorporated Hon. Robespiere’s looped voice cry singing, Abayuda tubera nabo, wuweeeeeee, wuWeecee, forever Robespiere, forever Robespiere’. Advise all the parties in respect of their rights and liabilities. (30 Marks) luestion Two: A young lady by the name of Jackie Nalubega was interviewed on BBS Television. In the Interview, she tearfully narrated her four-year experience as a maid working for a popular Kampala-based entertainer who later on went into politics. She explained how, during a Certain period in time when the popular entertainer’s wife was away living in a foreign country, he lured her into his bedroom and skilfully engaged in sexual intercourse with her. In giving a detailed encounter of her experience and further explaining the skillful nature of the act, Jackie Nalubega stated that the entertainer lured her “pulosesi by pulosesi”. This Phrase amused all those who listened in on the interview and within a short period of time, the catch word “pulosesi by pulosesi” had spread on social media like a wild fire. T-shirts were made using the phrase and some musicians and comedians caught on as well, composing songs and cracking jokes hinged on pulosesi by pulosesi. Jackie Nalubega realized how popular the phrase had grown, She is now consulting you on the need to protect her “copyright” to the phrase pulosesi by pulosesi. Advise her. (30 Marks) Question Thre a) Write short notes on the following in respect to copyright; i. Integrity right fi, Paternity right b) Distinguish between; (10 Marks) i. Deceptive marks and confusingly similar marks. Assignment and licensing of trademarks. Question Fou! Award-winning animator Richard Musinguzi is in talks with your law firm with regards to seeking intellectual property protection for his cartoon character Katoto (image below). The Katoto character has grown hugely popular since its creation in 2015. Musinguzi dreams of fronting Katoto not just in animation but also in games, merchandise and story books. He is however weary of other people stealing his ideas. Advise him on the appropriate form of (10 Marks) Page 2 of 3intetlectuat proj (20 Marks) Question Five: Perty applicable and give reasons why. @) Discuss how the courts have dealt with good will and reputation as an essential element of Passing off. (10 Marks) b) Explain how trademark infringement is handled in an online environment. (10 Marks) Question Six: ‘Mr, Mandela, proprietor of Café Javas, a popular restaurant in Uganda, has approached the Managing Partner in the law firm in which you are doing an internship. He is furious after being shown the picture at the side. He asserts that people will be going to the “kafunda” to buy snacks thinking that they are buying from a new branch of his popular establishment, specially put in place for local wanainchi (omuntu wawansi). He says this is likely to dilute his trademark. The Managing Partner has asked you to write a legal opinion advising on the way forward regarding Mr. Mandela’s concerns. Prepare the legal opinion. (20 Marks) Page 3 of 3UGANDA CHRISTIAN UNIVERSITY, FACULTY OF LAW LLB IV EASTER SEMESTER FINAL EXAMINATIONS 2020/2021 COURSE UNIT: INTELLECTUAL PROPERTY II DATE: Monday 5" May, 2021 TIME: 8:00am = 11:00am. SS INSTRUCTIONS: {a) Time allowed 3 hours (b) This paper consists of FIVE Questions and is out of 70 Marks. (c) Attempt THREE questions in total INCLUDING QUESTION ONE WHICH IS COMPULSOR' (d) ANSWER ANY TWO OTHER QUESTIONS; e) Originality, clarity and use of relevant authorities presented in clear and legible handwriting will be highty rewarded. (f) This is a partially open-book examination as students may carry statutes and clean reading lists into the examination room. Sharing of the above-mentioned Statutes and reading lists is NOT allowed. (g) The University Rules and Regulations regarding the conduct of examinations shall apply to this examination Question One: Compulsory The patented product “Brazzein” is derived from the Oubli berry, a West African fruit of the climbing plant Oubli (Pentadiplandra brazzeana Baillon). The Protein derived from the berry is 500 to 2000 times sweeter than sugar and is used as a substitute or natural, low-calorie sweetener. Brazzein is recognized as an alternative to available low-calorie sweeteners as it is suitable for diabetics. It is thermostable, which makes it suitable for heat processes utilized in food manufacturing. The West African people of Gabon originally discovered and nurtured the plant, which was. used to help nursing infants “forget” their mother’s milk. A researcher from the University of Wisconsin (UW) observed people and animals eating the berries in West Africa and brought them to the attention of the University. UW was granted three US Patents and one European patent for isolating and reproducing the protein in a laboratory. One claim for the berry in [one of the] patent{s} is to “provide Brazzein in large quantities, at low cost, by artificial means”. The researchers have since concentrated on the reproduction of the protein in a laboratory, obviating the need to collect and cultivate the plant in Gabon, UW maintains that. Brazzein is “an invention of a UW-Madison researcher” and offers no recognition or benefit- sharing to the people of Gabon. It is claimed that the synthetic substitution has caused a significant fall in the price of Brazzein, and many Gabonese women who used to harvest the Page 1 of 2fruit have lost their source of income. Extract from WIPO (2017): Key Questions on Patent Disclosure Requirements for Genetic Resources and Traditional Knowledge, at p. 10 As a legal inter in the law firm of Bismark & Co. Advocates, you have been asked by the Managing Partner to prepare a legal memo that addresses whether the Patents granted to University of Wisconsin (UW) are valid. Prepare the legal memo, highlighting the potential arguments that can be raised to revoke the patents. Note: Although this factual case study makes reference to the nation of Gabon, you are free to refer to Ugandan legislation in your legal memo. (ey Marks) Question Tw. Bosco worked for Company Toxon Ltd as a Chief Technician advising on all technical matters relating to their business and in charge of design and development. He invented a novel method of dispensing soda water that kept the remaining contents in better condition than any prior device. He submitted his invention to the top management of Toxon Ltd but the matter was shelved for close to eighteen months because the company was facing what the Chief Executive Officer (CEO) referred to as “more pressing issues to deal with”. Eventually, due to business losses, the company started laying off staff members. Bosco chose to resign his employment and join a rival company rather than wait to be laid off. Shortly after joining the rival company, he applied to patent the device. Toxon Ltd seeks your legal advice claiming the company’s right to the patent. Advice accordingly. (20 Marks) Question Three: ‘if a prior public use was for bona fide (good faith) experimental purposes, it does not count as prior art.’ Discuss. (20 Marks) uestion Fou! Write short notes on the following: (4 Marks each) a) Doctrine of equivalents b) Best mode ) Technovation d) Patent misuse e) Priority date Question Five: Account for the differences between a Patent, an Industrial design and a Utility model. (20 Marks)UGANDA CHRISTIAN UNIVERSITY FACULTY OF LAW LLB IV EASTER SEMESTER FINAL EXAMINATIONS 2020/2021 COURSE UNIT: GENDER AND THE LAW DATE: Monday 10" May, 2021 TIME: 8:00am - 11:00am ee INSTRUCTIONS: (a) Time allowed 3 hours (b) This paper consists of SEVEN Questions and is out of 70 Marks. (c) Attempt THREE questions in total INCLUDING QUESTION ONE WHICH IS COMPULSORY; (d) ANSWER ANY TWO OTHER QUESTIONS; (©) Originality, clarity and use of relevant authorities presented in clear and legible handwriting will be highly rewarded. (f) This is a partially open-book examination as students may carry statutes and clean reading lists into the examination room. Sharing of the above-mentioned Statutes and reading lists is NOT allowed. (8) The University Rules and Regulations regarding the conduct of examinations shall apply to this examination Question One: Compulsory Sarah is 16 years old and is the third of her parents’ five children. H er parents have informed her that they are unable to continue paying her school fees because they think that paying school fees for a girl is not a worthy investment. They think that she should get married and fetch bride price which her they will later use to pay bride price for her brothers? future wives. Sarah has no choice but to comply but on getting to her husband’s house, she finds that she is not the only wife and that her husband has three other wives. She finds life difficult as she is subjected to hard labour and daily beatings by her husband and co wives. A neighbour who feels sorry for her secretly advises her to join one of their local women’s SACCO from which she will be able to borrow some money and buy herself a piece of land from which she can derive some income through farming and selling some crops. Her husband has got information on this and he is very bitter. He tells her that she is his property because he paid bride price for her and therefore she cannot go ahead to acquire her own property. He furthers argues that under their custom, she as a woman is not allowed to acquire Property but is totally dependent on her husband. It has been three years already and Sarah feels tired of this marriage. She would like to leave this difficult marriage for good but she Page 1 of 3Cannot as she has been cautioned that she and her parents will need to refund the bride price that was paid for her by her husband. Meanwhile, Sarah is heavily pregnant and although she already feels sickly and exhausted, her employer at the local super market in which her husband had allowed to work as a part time cleaner so that she could always bring him money for his alcohol and cigarettes has notified her that he will not grant her any leave either before or after she delivers her child, That should she miss work on any day other than the day she gives birth, she will lose her job. Sarah is truly frustrated and is contemplating suicide. She has however leamt that you have just completed a course on Gender and the Law. In summarized memorandum and with the aid of the relevant legal authorities, advise her on all the arising legal issues. (25 Marks) Question Two: The Maputo Protocol has been referred to as ‘a saving grace for African women’ in respect to advancing gender equality and women’s rights in Africa. Outlining the key tenets under the Protocol, discuss whether you agree with the assertion or not and why. (10 Marks) Question Three: The expression ‘discriminatory’ means affording different treatment to different persons, attributable wholly or mainly to their respective descriptions by race, tribe, place of origin, Political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject. OF are accorded privileges or advantages which are not accorded to persons of another such description. (15 Marks) a. With the help of a clear definition of gender, identify categories of persons in Uganda who suffer discrimination because of their gender. b. What measures have been undertaken at the international level to address the problem of discrimination based on one’s gender? . What distinguishes gender from sex? 4. Why do gender differences and disparities continue to exist in Uganda even after the adoption of the 1995 Constitution that takes into account international law regarding gender equity? Page 2 of 3Question Four: Under certain African customs, women can inherit, except for clan land, which they may receive in usufruct but may not sell, however, if there is no male of that clan, women of that clan may inherit such land in full ownership. (This is taken from a decided case that discussed customary law and women’s rights) (15 Marks) a. What discriminatory aspects against women do you identify in this statement? b. Does the aspect of ‘full ownership’ in this statement empower women referred to, to sell clan land? c. By making reference to case law in the Commonwealth, explain how courts of law have dealt with problem created by the discriminatory aspects of customary law identified in (a) above. d. How has the Constitution of Uganda, 1995 dealt with the issue of discrimination against women based on custom? Question Fi Does the interaction of criminal law and sexuality address inequality or it suppresses inequality? Discuss this in light of the criminal offence of rape and defilement. (15 Marks) Question Si Distinguish between the Women in Development) (WID) approach from the Gender and Development (WAD) approach to solving gender disparities between women and men. Use examples to illustrate your answer. (15 Marks) Question Sever Discuss the twelve human rights keys to reproductive rights in respect of the female gender. (15 Marks) Page 3 of 3UGANDA CHRISTIAN UNIVERSITY FACULTY OF LAW LLB IV EASTER SEMESTER FINAL EXAMINATIONS 2020/2021 COURSE UNIT: REVENUE LAW AND TAXATION DATE: Friday 7" May, 2021 TIME: 3:00pm - 6:00pm ——————— INSTRUCTIONS: (a) Time allowed 3 hours (b) This paper consists of FIVE Questions and is out of 70 Marks. (c) Attempt THREE questions in total INCLUDING Section A (QUESTION ONE) WHICH IS COMPULSORY; (4) ANSWER ANY TWO OTHER QUESTIONS FROM SECTION B; (€) Originality, clarity and use of relevant authorities presented in clear and legible handwriting will be highly rewarded. (f) This is a partially open-book examination as students may carry statutes and clean Feading lists into the examination room. Sharing of the above-mentioned Statutes and reading lists is NOT allowed. (g) The University Rules and Regulations regarding the conduct of examinations shall apply to this examination. (h) Candidates MUST ONLY use One Answer Booklet. SECTION A: (COMPULSORY} Question One: SOS Services Limited is a Uganda company engaged in the business of printing and stationary. It estimated its chargeable income to be 250,000,000 for the year of income ending June 30, 2020. The company had the following receipts; a) Gross proceeds of 250m/= from the sale of various books and other related merchandise. b) Dividends of Ugx 20m from Ugandan resident company Skin Care Ltd where SOS Services controls 25% of the voting power. €) Shs. 30m from the disposal of a Vehicle Toyota Hiace with an adjusted cost base 20,000,000. 4) Payment of a debt of UGX 20,000,000- from John Boscowhich had been written off as a bad debt in the year 2019. )_ Shs.50M from sale of Mulondo an ilicit drug that this banned for sale in Uganda; f) Shs. 20M as interest on a fixed deposit account in DFCU Bank. On 10" May 2019 the bank deducted shs. 3m as withholding tax. The company also incurred the following expenditures during the year of income a. Shs. 10m for purchase of two new computers b. Shs. 20m was spend on salaries and wages.©. Shs. 50m to SOS Child care Ministries, a local NGO which gives assistance to orphans. d._ Shs. 60m being royalties for a copyright license for 10 years for the book entitled Comprehensive Science for 0 level. €- Shs. 15m as cost on food that was provided to all full-time employees of the company on an equal basis and each staff contributed UGX 1000 to the cost of food. Obtained a loan of UGX 50M from DFCU Bank at the interest rate of 22% p.a which was used by the Director Brian to take Cynthia her newly found love to the Bahamas to cool off from the pressure at work. Paid legal fees of 20m to Ngabirano Law Chambers for representing the company in Court and preparing the license agreements. With the aid of relevant legal authorities, answer the following questions: 1. Calculate the provisional tax Payable by SOS Services Ltd. (4 Marks) 2. What is the gross income of SOS Services Ltd? (8 Marks) 3. Calculate the Allowable deductions of SOS services Ltd. (12 Marks) 4. What is the Chargeable Income of Allied Jayden Group? (3 Marks) 5. Calculate the Tax Liability (if any) of Allied Jayden Group? (3 Marks) SECTION B: (Answer only two questions from this section) Question Two: “The broad and all-inclusive language used in the definition of gross income was intended to exert the full measure of the state’s taxing power”. Per LLB 4 Student. With the aid of relevant legal authorities, discuss the veracity of the statement. (20 Marks) Question Three: What are the causes of tax non-compliance in Uganda? How can the said problem be addressed? (20 Marks) Question Four: Write Short notes on the following tax accounting principles a) Cash-Basis Taxpayer and Accrual-Basis Taxpayer (8 marks) b) Substituted Year of Income (4 marks) c) Withholding Tax (8 marks) Question Fi With the aid of relevant legal authorities, discuss the rules governing the applicability of Presumptive tax under Uganda’s legal regime. (20 Marks) END ===: Page 2 of 2UGANDA CHRISTIAN UNIVERSITY FACULTY OF LAW, LLB IV ADVENT SEMESTER FINAL EXAMINATIONS 2021/2022 COURSE UNIT: BANKING AND NEGOTIABLE INSTRUMENTS, DATE: Saturday 11" December, 2021 TIME: 2:00pm - 5:00pm iS INSTRUCTIONS 1. This exam carries 70 marks 2. Answer THREE questions in total including QUESTION ONE which is COMPULSORY and carries 30 Marks. In addition to Question One, candidates may attempt any other TWO Juestion: 3. Answer any other TWO Questions in Addition to Number One. 4, This examination is partially open book. Candidates are permitted to come to the examination room with clean copies of the relevant statutes. Sharing of Statutes is not permitted. 5. Use of relevant authorities and or examples presented in a clear and legible handwriting shall attract high scores; 6. Mobile phones and other electronic gadgets shall not be allowed into the examination rooms. 7. The University rules regarding the conduct of examinations shall apply to this examination; 8. Time allowed is 3 Hours. Question One: (Compulsory) Cecilia is before you with the following issues; a) Cecilia and Edgar have been married for 8 years now; Edgar began forging her signatures in order to withdraw money from her account with STU Bank. She knew about this fraud but took no measures to inform the bank nor did she confront Edgar with this issue, Edgar over the course of time, Edgar withdrew UGX 40,000,000/- from Cecilia’s account. In September 2021, Cecilia discovered that her husband Edgar was planning a wedding to his girlfriend named Angella with whom they have been having a long-term relationship. Cecilia is furious, hurt and looking for all sorts of ways to recover her money from the bank. b) In 2016, Edgar and Cecilia incorporated a company called BOSE Company Limited (BCL) which is a private limited liability company doing business in Uganda. On 6” November 2021, BCL purchased furniture for their office from Oracle furniture limited (OFL) worth UGX. 60,000,000/=. It chose to make this payment by cheque drawn onto OFL. Edgar and Cecilia who are both signatories of the BCL account signed the cheque and left it for their cashier to fill in the amounts. Their cashier, Micheal drew up a cheque for UGX 80,000,000/= in favour of OLF. Micheal forged OLF’s endorsement, cashed the cheque and pocketed the proceeds. Page 1 of 2 *With this brief history of Cecilia's situation, advise her on whether the money is recoverable and from whom, her rights, Liabilities and remedies. (30 Marks) Question Two Briefly discuss the rights and duties of the banker to the customer and customer to the banker in the banker-customer relationship. (20 Marks) Question Three: (4 Marks ®) Write a brief explanation on the following; a) Crossed and Uncrossed cheques b) Liability of drawer and drawee of a cheque ©) Combination of accounts and set off d) Current accounts and Special types of accounts €) Deposit Protection fund and Credit Reference Bureau Question Four: The current covid-19 pandemic has severely affected the banking sector all over the world. Briefly analyse the impact the pandemic has had on the banking sector in Uganda and provide recommendations that the banks can adopt to help them cope with the changes. (20 Marks) Question Five: With the aid of legislation and where applicable, case law, explain the procedure and requirements of registering a banking institution in Uganda. (20 Marks) END Page 2 of 2UGANDA CHRISTIAN UNIVERSITY FACULTY OF LAW LLB IV ADVENT SEMESTER FINAL EXAMINATIONS 2020/2021 COURSE UNI JANKING AND NEGOTIABLE INSTRUMENTS DATE: Wednesday 6"" January, 2021 TIME: 2:00pm - 5:00pm ————— eee INSTRUCTIONS: A. Time allowed 3 hours B. Attempt THREE questions in total INCLUDING QUESTION ONE WHICH IS COMPULSOR' - ANSWER ANY TWO QUESTIONS FROM SECTION B; & D. Originality and clarity of though and use of relevant authorities presented in clear and legible handwriting will be highly rewarded. E. The University Rules and Regulations regarding the conduct of examinations shall apply to this examination. SECTION A Question One: Compulsory Wanyama drew a cheque on DFCU Bank Ltd payable to the Order of Leila in the amount of 40,000,000/=. On receiving the Cheque, Leila endorsed it at the back and put it on her table. Loktek removed the cheque from Leila’s table and altered the amount to read 100,000,000/= and added the words ‘not negotiable’ to the words ‘account payee’ that was existing on the two crossed lines on the cheque. Loktek then endorsed the check by signing at the back thereof in favour of Rearchance who immediately endorsed the same in favour of Wycliff. Wycliff immediately deposited the cheque onto his Centenary Account, negotiated with the bank manager at centenary Bank and the cheque was cashed within 30 minutes from the Bank’s VIP Section by the manager who credited Wycliff’s Account with 100,000,000/=. Later that same day, Wycliff withdrew all the money with the assistance of another cashier in the same Bank without being questioned. Centenary Bank Ltd presented the cheque to DFCU Bank Ltd the following day but it was dishonoured because Wanyama had countermanded the payment to Leila’s request the moment he (Wanyama) discovered the cheque was stolen. Meanwhile Loktek and Rearchance cannot be traced. a) Raise all the issues involved and advise the parties on their rights and liabilities. (20 Marks) b) What defences (if any) would you raise in favour of DFCU and Centenary Bank in the circumstances? (10 Marks) Page 1 of 2SECTION By Question Two a) How Is a bolder different from a holder in due Course in the law of banking? (10 Marks) t authorities, discuss the features and rights associated with (10 Marks) b) With the use of rele 4 holder in due course in relation to the Law of Banking in Uganda. Question Three: With the aid of decided ¢ a cheque and defences available to them in case of an action in relation to a cheque. (20 Marks) Question Four: Critically analyse the Li Marks) Question Five: You are an intern in the law firm, One of the Senior Counsel has asked you to prepare a one-hour prese! the role of Bank of Uganda in regulating commercial banks in Uganda. S, critically discuss the law relating the liabilities of parties to aw relating to drawing and negotiation of cheques in Uganda. (20 law firm of OH and Partners, which is a commercial transactions ntation on Write a MEMO to Senior Counsel giving him your proposed presentation. Your MEMO should contain some proposed amendments to the relevant laws. (20 Marks) souweecenscssscesnensensenses END ssessecneseneesaneeauecansencn,UGANDA CHRISTIAN UNIVERSITY FACULTY OF LAW LLB IV ADVENT SEMESTER FINAL EXAMINATIONS 2021/2022 COURSE UNIT: HUMAN RIGHTS LAW 1 DATE: Monday 6"" December, 2021 TIME: 9:00am - 12:00pm ———————— INSTRUCTIONS: 1. This exam carries 70 marks 2. Answer THREE questions in total including QUESTION ONE which is COMPULSORY and carries 30 Marks. In addition to Question One, candidates may attempt any other TWO Questions. 3. Answer any other TWO Questions in Addition to Number One. 4, This examination is CLOSED book. Candidates are NOT permitted to come to the examination room with any reading or unauthorized material. 5. Use of relevant authorities and or examples presented in a clear and legible handwriting shall attract high scores; 6. Mobile phones and other electronic gadgets shall not be allowed into the examination rooms. 7. The University rules regarding the conduct of examinations shall apply to this examination; 8. Time allowed is 3 Hours. Section A (Compulsory Question) n_ One ues The State of Malga is located in the beautiful islands of St Jamin and Samoan. The State of Malga is a Republic with a democratically elected government. In 2016, the current Head of State His Excellency Simana, took control of government in a land slide victory in the elections. Elections are conducted after every five years for the positions of Prime Minister and lower political positions. Following the first cycle of elections in 2016, the popularity of His Excellency Simana significantly dropped following allegations of corruption and abuse of office. The State of Malga has ratified the Convention Against Torture and Other Cruel, Inhuman or degrading Treatment or Punishment (1984) and its optional protocols and the African Charter on Human Rights and Peoples’ Rights. The government of Malga made a declaration under Article 22 of the Convention recognising the competence of the Committee against Torture (CAT). In June 2020, a vibrant opposition group led by Sayman emerged seeking to run for the Presidency and other political positions. Following the release of the election road map and campaign program by the National Electoral Commission, Sayman started campaigning in the country where his rallies drew large crowds. On 5" December 2020, Sayman was arrested on suspicion of terrorism and trying to overthrow the government; offences Page 1 of 3Punishable by death. Sayman’s convoy was blocked enroute to the capital city, he was dragged out of his car while being beaten with iron rods by an unidentified bulky man and whisked off in a van. The unidentified men fired live bullets into the crowd of supporters of Sayman who were blocking the van, killing 10 supporters and wounding six bystanders. The unidentified men blind folded Sayman and continued to beat him with iron rods as they questioned him about his subversive activities and association with terrorist groups. They informed him that as the Secret Service, they had been trained to get information from subversive elements like himself. Subsequently, at a secret detention facility, Sayman was beaten on the soles of his feet and on his head and forced to steep on the bare floor naked. As a result of his beating, he could not stand up. The officers refused to sive him any food unless he confessed his guilt. Supporters of Sayman have reported to local non- governmental organisations that since the arrest of Sayman, several of them have been receiving threatening calls about their impending arrest and detention. Supporters of Sayman have also been continuously harassed and beaten by supporters of Excellency Simana who were accompanied by gun wielding men. On 10" February 2021, the Prime Minister informed the Parliament of Malga that Sayman had links to terrorist groups that were trying to destabilise the State of Malga. Following the Press Conference, the military and unidentified gunmen raided homes and arrested supporters of Sayman. The military and unidentified gunmen responded by beating and shooting supporters protesting the continued detention of Sayman. Local Human Rights Organisations have reported that supporters have been detained in deplorable conditions in secret detention facilities and some have since been reported dead. Authorities have stated that any deaths in any of their official detention facilities was due to natural causes. Attempts to follow up on the where abouts of the missing supporters with the security agencies have been met with denial of their whereabouts by the authorities. On 30" March 2021, Sayman was tried, convicted and sentenced to death at a Military Tribunal for supporting a terrorist group. Following his trial, there are growing concerns at regional and international fora that the rule of law is being undermined in Malga and that Domestic remedies are almost non-existent. You are a Lawyer with expertise in International Human Rights Law. Matoo, a son to Sayman has asked you to assist him. Prepare a draft communication for Matoo to approve and submit, addressing the following: a) If there are any violations of international human rights standards and what are the obligations of the parties in the circumstances outlined. b) What mechanisms should the community pursue and explain reasons why. Identify the relevant documents for filing. (30 Marks) Page 2 of 3Section B (Section B Answer any 2 questions) Question Two: Fvery Person becomes vulnerable from time to time. The idea that some groups of people should get unique treatment under the law for their vulnerabilities is thus unfair and rans counter to the push for equality of all people before and under the law and the fight against discrimination,” With the aid of relevant authorities, discuss the truthfulness of the above statement in view of the rights of vutnerable persons under the UN and regional Human Rights Law regimes. (20 marks) Question Three: “The concept of progressive realisation of Economic, Social and Cultural Rights lies at the vey centre of the continued non-adherence to Economic, Social and Cultural Rights obligations. By excusing stoth and poor budgetary prioritisation in developing countries, it is clear that progressive realisation is itself an affront to human rights, The international community should agree to amend the ICESCR to delete this unrealistic concept.” Discuss the veracity of this statement. (20 Marks) Question Four “There are no absolute human rights and freedoms in international human rights law. All attempts to render some rights and freedoms as non-derogable fail owing to the several limitations permitted by treaties and custom to the same.” With reference to relevant authorities, discuss the concept of non-derogable rights in international Human Rights Law. (20 Marks) Question Regional human rights systems, consisting of regional instruments and mechanisms, play an increasingly important role in the promotion and protection of human rights today, Compare and contrast the regional human rights systems in place for the protection of human rights. (20 Marks) == End ==: Page 3 of 3that the obtaining of any remedies from judicial and non-judicial mechanisms ts fraught with accessibility challenges and is unduly prolonged You are a human rights lawyer working with Shieff & Shieff consultants and you have been requested to advise on the following. a) If there are any violations of international human rights standards and what are the obligations of the parties in the circumstances outlined. b) What mechanisms should the community pursue and explain reasons why. ¢) Identify and draft the relevant documents for filing, (30 marks) Section B (Section B Answer any 2 questions) Question Two: The preambles and texts of the Universal Declaration of Human Rights (1948) and the International Covenant on Civil and Political Rights (1966) elaborate the reasons for the instruments and the moral and the political thought underpinning them. In your opinion what was the justification for these reasons and do these hold relevance in the discourse ‘on human rights. (20 marks) Page 20f3Question Thre Cultural relativism still plays a central role in the human rights debate; Discuss this statement in relation to the provisions of the Convention on the Elimination of Discrimination Against Women, 1979 (CEDAW) including whether CEDAW makes concession to cultural relativism and cultural diversity entailing religion, ethnic and religious consideration. (20 marks) Question Four: Non state actors are obliged to follow the law in a state; non -state actors are not international legal persons and are subjects of international human rights law. It is thus the duty of the state to ensure the promotion and protection of human rights within their territory. Discuss the credibility of this statement with reference to emerging responsibilities of business in human rights promotion and protection. (20 marks) Question Five: Economic, social and cultural rights have been rightly regulated to secondary generational rights; it is not disputable that their promotion and protection is premised on lack of clarity on content and what are the ensuing state obligations; and their justiciability. Discuss this assertion with reference to the relevant instruments, interpretation of the treaties and relevant cases. (20 marks) End ========= Page 3 of 3UGANDA CHRISTIAN UNIVERSITY FACULTY OF LAW LLB IV ADVENT SEMESTER FINAL EXAMINATIONS 2021/2022 COURSE UNIT: CYBER LAW DATE: Friday 17 December, 2021 TIME: 2:00pm - 5:00pm. SSS 0g INSTRUCTIONS: 1. This exam carries 70 marks 2. Answer THREE questions in total including QUESTION ONE which is COMPULSORY and carries 30 Marks. In addition to Question One, candidates may attempt any other TWO Questions. 3. Answer any other TWO Questions in Addition to Number One. 4. This examination is partially open book. Candidates are permitted to come to the examination room with clean copies of the relevant statutes. Sharing of Statutes is not permitted. 5. Use of relevant authorities and or examples presented in a clear and legible handwriting shall attract high scores; 6. Mobile phones and other electronic gadgets shall not be allowed into the examination rooms. 7. The University rules regarding the conduct of examinations shall apply to this examination; 8. Time allowed is 3 Hours. Question One: (Compulsory) ForeverTech and Advocates is a major Firm dealing in purely technology related issues including litigation, advisory services and consultancies. They have recently given you a job since you have proved to be competent in ICT Law and Policy. Their teading client, the government of Uganda has presented a file to the firm to handle and the same is forwarded to you with the following facts. ‘Aone Opong has conducted a number of attacks against the government. On June 1, 2021, he wrote a series of articles in the Supervisor newspaper discrediting government funding to e-governance. He wrote that “the so-called e-governance is an initiative for continued government and impoverishment. It is useless and the public should totally oppose it and disassociate themselves from it.” In the same articles, he also strongly asserted that; “just as e-governance is useless so is internet governance,” That the two are so synonymous that they should be totally neglected and relegated. On June 8, 2021, Opong again wrote a dossier in which he described the Minister for ICT as “a thorn in the foot” who has failed to manage his family affairs since his wife and children are always on the run, exposing him on all social media networks of how he has neglected them and married 5 more wives and therefore a total disgrace who should not be holding a public office. Page 1 of 3More revelation shows that after employing tech experts, government has discovered that Opong is a mong five key suspects who systematically pulled down government websites so as to frustrate delivery of services to the general public, Indeed, government has faced multiple challenges as 70 percent of its websites were all down. Making use of website shutdown period, Oppong is said to have illegally produced copies of a key protected and sole government owned document which provides a sure remedy to recovery from COVID- 19 and sold 10,000 copies to foreign countries at $10,000 each. The government had sole rights of sale and no individual or organisation was permitted. He is now a very rich man. It has also been established that Oppong was able to sell the copies of the book after taking over government websites and social media accounts including Facebook, Twitter of the Ministry of Health website. Employing these strategies, he won trust of the unsuspecting foreign government who desperately ordered for copies. Still on rampage, Opong was also seen with other individuals breaking into the premises of the National \dentification & Registration Authority (NIRA). It was discovered later that he broke into NIRA data bases and stole data of individuals which he sold to 10 foreign research companies. These companies have been approached and have admitted purchasing data from Mr. Opong. With total control over government websites, Mr. Opong is said to have, between July and August 2021 posted children engaged in explicit sexual conduct with adults and animals. Similarly, He also posted adults engaged in sexual conduct. All these developments have disgusted the public and put the government to shame. Attempts to rectify this issue was fruitless as Mr. Opong said he was exercising his rights to expression and dissemination of information which to him should never be interfered with or limited whatsoever. Ina legal memorandum addressed to the Managing Partner of ForeverTech and Advocates, identify and advise the government on all the issues arising from the above problem. (30 Marks) Question Two: With specific reference to domestic laws, regional and international instruments on Data protection. Analyze the best practices for collecting, storing and processing of personal data. (20 Marks) Question Three: On the internet, | can choose to a goat, an elephant, a dog or even a hen. Discuss the foregoing statement. (20 Marks) Question Four: On the eve of the January 14 General Election, Uganda experienced a nationwide Internet shutdown, This is after government through its communications regulator, Uganda Communications Commission (UCC), ordered service providers to block Internet access until otherwise directed. Pursuant to the said “order from above,’” the country was entirely cut off from Internet and social media platforms, including Facebook, Twitter, and WhatsApp for five days. The outage also affected digital services such as Mobile Money, Uber, SafeBoda, and Internet banking, among others. (20 Marks) Page 2 of 3Besides, the shutdown hardly spared government agencies such as Uganda Revenue Authority, Ministry of Internal Affairs (Directorate of Citizenship and Immigration Control). Also affected were tax prerequisites such as filing returns and the online processing of visas and passports, ‘The blockage was also a hindrance to access to relevant information, e-financing and emergency services. Several online businesses were basically placed on a standstill hence the economy has generally suffered financial loss as a result. The blackout was enforced under the pretext of “national security.’” Government spokesperson Ofwono Opondo said social media was a possible threat to the election. He said the shutdown was the right decision to take. This situation shows history repeating itself as an almost similar incident transpired during the 2016 elections where social media was disabled “for security Teasons.” This pattern is not new in Africa’s political arena. It has also been witnessed in Burundi, Sudan, Niger, and Democratic Republic of Congo, among others. (Daily Monitor, “Internet shutdown: Security versus outright tyranny,” January 21, 2021, https://www.me net-shutdown-security: ver tyranny /uganda/oped /commentary/ 4530 (accessed October 31, 2021)) outright With specific reference to strategic litigation of digital rights a) Identify the most viable form of litigation you would take to challenge the foregoing government action. (5 Marks) , b) Describe all the strategies you would undertake to ensure that your case against government succeeds. (15 Marks) Question Five: According to Lord Lord Denning, in Thornton V. Shoe Lane Parking (1971) 2 QB 163 at 169, “The customer pays his money and gets a ticket. He cannot refuse it. He cannot get his money back. He may protest to the machine, even swear at it. But it will remain unmoved. He is committed beyond recall. He was committed at the very moment when he put his money into the machine.” Discuss the relevance of foregoing statement to electronic commerce and contracting in Uganda today. (20 Marks) sannenaeceennennsnnne=END===s=essessensnsennessenssseenee! . vidUGANDA CHRISTIAN UNIVERSITY FACULTY OF LAW LLB IV ADVENT SEMESTER FINAL EXAMINATIONS 2020/2021 COURSE UNIT: CYBER LAW & POLICY DATE: Wednesday 6" January, 2021 TIME: 9:00am ~ 12:00pm SL INSTRUCTIONS: 1. This exam carries 70 marks ll. You MUST attempt only THREE questions including Question ONE which is COMPULSORY and carries 30 marks Ml. Do not discuss with anyone while in the examination room. 'V. This exam must be completed within three hours. V. This is @ PARTIALLY OPEN BOOK examination. Candidates may bring into the examination room and consult therein ONLY CLEAN COPIES of: The electronic Transactions Act; The Electronic Signatures Act; The Computer Misuse Act; The Data Protection and Privacy Bill, 2015; The Uganda Communications Commission Act; The Anti-Terrorism Act; The Regulation of Interception of Communication Act; The Access to Information Act; The Anti-Pornography Act; and any other relevant Fegional and international human rights instruments (does not include General Comments or commentaries) Question One: (Compulsory) Sombe is an information technologist with Braza technologies Ltd (Braza). He solely runs Braza technologies. The scope of Braza clientele base includes the media, individuals, governments, technology companies, National and international organisations deals with technician. Braza technologies Ltd also deals in individual data collection, storage and Processing. By close of the year 2020, Braza technologies Ltd had been involved in a number of activities. Ii June 2020 braza widely collected data relating to covid-19 infections in Wakanda. Sombe later disseminated the information through vews, a popular Newspaper in Wakanda exposing names of persons who had been diagnosed with COVID-19 as well as the names of those who had succumbed to the deadly virus. On the same day he published another article in the same newspapers in which he vehemently asserted that “governments exist to curtail digital rights and therefore have no better role to play in internet governance.” He further added that Sovernments are time wasters and therefore should never claim to be enhancers of public access to social, economic or political services. “Indeed, they are useless," he asserted that he is ready to stand by his word and nothing can make him withdraw his statement. Page Loft 3In a similar development, it has been establis the Wakanda citizens, Sombe has stations clientele make payments for services rende! he altered the machine to among others hed that in the bid to offer excellent services to ed an automated machine through which Braza red to them. It has however been established that charge exorbitant fees and withhold balances of Braza clients after making payments. He is accordingly said to be cheating his clients, a fact that he rubbishes without regret. The clients however have gathered enough evidence to show that they have been severally cheated. One of the Clients, a one Cyrus who lost fifty million Wakanda shillings (§13640.15) was further shocked by the fact that Sombe had actually used his trademark of Software design and engineering (softer designs) to extort money from his tong time standing and credible clients. As if that is not enough, Cyrus has also discovered that Sombe has on several occasions used his Facebook account for marketing Softer designs using the images and credentials of Cyrus. Cyrus is in utter shock and confused on what to do. In August 2020, Hollywood movie industry came to Wakanda following report that Braza was involved in movie distribution. The Legal representatives of Hollywood have established that Braza has indeed been trading movies which it obtains through a fake account with a forged signature of Premiering Cinemas, a leading and credible client of Hollywood. Braza has been making a fortune out of the movie trade. In a similar development, Hollywood decided to notify Premiering Cinemas which is now thinking of the most appropriate action to take against Braza and Sombe. To make matters worse some of the content disseminated by Braza Contains explicit sexual content with some of the content juveniles who according to Wakanda’s laws are persons below the age of 18 years. Some DVDs, flash disks and computers Containing the explicit content have been recovered by the Police. Despite the above developments, Sombe claims to be an ardent national of Wakanda with a Spirit of nationalism and patriotism for his country. He further claims that he is immune to any threats from anyone. On knowing that Wakanda has an enemy Bwanda, he has sworn to wage war against Bwanda. As part of his strategic, he has started waging war on Bwanda using the internet by applying electro-magnetic pulse waves, viruses, worms, Trojan horses to electronic devices and networks. Notwithstanding the patriotic claims by Sombe, it has also been established that sometime in July 2020, he with the aim of promoting liberalism to enable criticism and de-popularising of the Wakanda government launched an attack on its Computers, networks and spread critical secrets and security information on various social media platforms within Wakanda and other countries. He has additionally written and disseminated widely on social media platforms, blog spots and Youtube, an article in which he is calling the president of Wakanda a misfortune that ever happened to his nation and that that president is nothing less than a pig that eats anything. On the 6 December 2020, Sombe was arrested by the Police on allegations of committing multiple offences. The Police has identified you as the leading lawyer in Cyber law to help it in this bid. identify all the legal issues involved and advise it on the appropriate cama eee Page 2of 3Question Two: according to the Catalysts for Collaboration website https: / (catalystsforcollaboration.org/relaunch-catalysts-for-collaboration/), Litigation is an effective tool that can assist in removing restrictions on our human rights. Yet, it is often under-utilized because of a lack of effective collaboration between different actors: lawyers, activists, academics and technical experts. Similarly, as the technology that has an impact on our fundamental rights grows more complex, experts in all disciplines and across geographical boundaries will need to better work together to protect our human rights. Using practical examples and decided cases, discuss the gravity of the foregoing statement. (20 Marks) Question Three: On the intemet n choose to be a plant or an animal and in any part of this world. Discuss the veracity of the foregoing statement. (20 Marks) Four: Making specific reference to the Data Protection and Privacy Act, 2019 for Uganda discuss principles of data protection and their importance to the right to privacy in contemporary Uganda. (20 Marks) ‘According to STING, an LLB 4 student, electronic govemance is a money-making venture for political autocrats. It is useless to people like her who do not support the ruling government. Making specific r statement. erence to the electronic governance in Uganda, examine STING’s (20 Marks) Page 3 of 3UGANDA CHRISTIAN UNIVERSITY FACULTY OF LAW LLB IV ADVENT SEMESTER FINAL EXAMINATIONS 2021/2022 COURSE UNIT: LABOUR LAW 1 DATE: Saturday 4"" December, 2021 TIME: 9:00am - 12:00pm ee INSTRUCTIONS: 1. This exam carries 70 marks 2. Answer THREE questions in total including QUESTION ONE which is COMPULSORY and carries 30 Marks. In addition to Question One, candidates may attempt any other TWO Questions. . Answer any other TWO Questions in Addition to Number One. 4. This examination is partially open book. Candidates are permitted to come to the examination room with clean copies of the reading list and relevant statutes. Sharing of Statutes is not permitted. 5. Use of relevant authorities and or examples presented in a clear and legible handwriting shall attract high scores; 6. Mobile phones and other electronic gadgets shall not be allowed into the examination w rooms. 7. The University rules regarding the conduct of examinations shall apply to this examination; 8. Time allowed is 3 Hours. Question One: (Compulsory): (30 Marks) Following the Presidential Directive to reopen schools, the Uganda National Teachers’ Union (UNATU) is in the process of boosting its union membership and has recently organized teachers in URIBO Secondary School, a school with multiple branches in Uganda. During the negotiations to recognize the union, a number of contentious issues arose. Accordingly, the URIBO Secondary School wrote to UNATU and stated its position as follows: a) That the school will allow the union to operate at its premises but will not allow staff on part-time employment contracts. Only permanent staff are allowed to join the union; That it will sign the recognition agreement when at least 200 of the 400 permanent staff at the school have joined the union It will not allow union officials at the school premises to hold meetings or talk to its members except once in six months. This is intended to ensure that the productivity of staff is not affected. It will not hesitate to arrest and sue any union official for trespass once they are found at the school premises on any day other than the one the school chooses for them ‘once in six months as stated above. b) ¢ d Page 1 of 2) Union officials will not be allowed in any disciplinary hearing of its staff since it’s an internal process. f) It will not allow members to belong to more than one labour union. UNATU has written back rejecting the above proposals and the school management has asked the Human Resource Manager, to write to the Minister of Gender, Labour and Social Development to intervene and instruct the union to accept the proposals. Advise the parties on all their actions. Question Two: (20 Marks) a) Explain the reasons for distinguishing a contract of service and a contract for services. b) Citing relevant cases critically analyse the established common-law tests that are used to identify different categories of workers. Question Three: (20 Marks) a) In this era of extensive written contracts of employment, there is no significant role for implied terms in the law governing contracts of employment. Assess the validity of the above statement, bringing out clearly, how courts determine whether there is a need to impose a term implied in fact and how they devise that term? b) Explain the terms implied by common law on the part of the employer or employee. Question Four: (20 Marks) Discuss the rights and duties of the parties to an employment contract under the Employment. Act (2006) and the regulations thereunder. Question Five: (20 Marks) Mr. Wali Leo was a senior officer in the Disaster Preparedness Department in the Office of the Prime Minister (OPM). In November 2020, it was alleged that he had sexually harassed a female colleague. Following an investigation in which the complaint was upheld, Mr Wali was transferred to another department and demoted to a lower position. This decision was upheld after an appeal to the Permanent Secretary, although the Permanent Secretary transferred him back to his former department at a lower position. Alleging that these decisions had been taken in breach of rules of natural justice and procedural impropriety, Mr. Wali appealed to the Director Human Resources OPM. However, his request failed. The Director Human Resources observed that despite his status as an officer in the Office of the Prime Minister, Mr. Wali was engaged under a contract of service and should seek relief based on the contract rather than administratively to remedy any loss which he had suffered. ‘Advise Mr. Wali on the proper remedy for an employee dismissed in violation of a contract of employment? Page 2of 2UGANDA CHRISTIAN UNIVERSITY FACULTY OF LAW LLB IV EASTER SEMESTER FINAL EXAMINATIONS 2020/2021 COURSE UNIT: LABOUR LAW II DATE: Wednesday 12 May, 2021 TIME: 8:00am - 11:00am. ———— INSTRUCTIONS: (a) Time allowed 3 hours (b) This paper consists of SIX Questions and is out of 70 Marks. (c) Attempt THREE questions in total INCLUDING QUESTION ONE WHICH IS COMPULSOR’ (d) ANSWER ANY TWO OTHER QUESTIONS; (e) Originality, clarity and use of relevant authorities presented in clear and legible handwriting will be highly rewarded. (f) This is a partially open-book examination as students may carry statutes and clean reading lists into the examination room. Sharing of the above-mentioned Statutes and reading lists is NOT allowed. (g) The University Rules and Regulations regarding the conduct of examinations shall apply to this examination. Question One: Compulsory (a) Iron Age Ltd is a company engaged in welding, metal work and construction, owned by Wabwire and Mageni. Lily Investment Ltd invited Iron Age Ltd to tender for a contract to replace a roof on one of their apartments, which they successfully did. Originally, it was intended that Lily Investment Ltd should obtain new timber and iron sheets, but Wabwire suggested that use might be made of old iron sheets and timber, which were left over from the original construction of the apartments. Last month, Wabwire and Mageni, started on the roof repairs. Unfortunately, half way the repairs, Wabwire fell from the roof and suffered fatal injuries. Wabwire says that the timber had a cheap form of termite protection, so some of the available timber had been destroyed by termites, although it was not visible. However, Lily Investment Limited alleges that Wabwire and Mageni should have inspected the timber and advised the company accordingly since they were qualified construction engineers. Secondly, they allege that Wabwire was not their employee, so they did not owe him any duty under the law. Page 1of3Advise the parties on their duties, obligations and responsibilities under the Occupational Safety and Health Act, 2006. (15 Marks) (b) Magoba investments Ltd is a Company engaged in the business of Construction. The Company was hired in 2019 to construct a five-star hotel in Jinja; an addition to the Maso Group of Hotels in Africa. The Company employed modern machinery in carrying out construction. One such case was in the movement of concrete. The metallic funnel like shaped container would be filled with concrete and moved by a carrier to where it is required. On the 30th of January 2021, due to sudden technical failure of the carrier in which concrete was being moved to the 7th level, the container bearing the concrete disentangled from the carrier and came crushing down. As a result of the accident and the scuffle that ensued, a number of employees got injured. The employer has been notified of the whole accident incident. John was unfortunately almost buried under the concrete. He was rescued and rushed to Jinja hospital and he was later referred to Mulago hospital. He spent two months under intensive care and eventually died, Because John was not insured, the medical expenses in Jinja were fully catered for by John’s mother and her sister. Both his mother and his sister have since approached the employer to recover the medical expenses and the employer has refused. The employer has out rightly stated that since he had heavily spent on catering for the medical expenses at Mulago and contributed 500,000/= on John’s burial, he has ably covered his liability under the Workers’ Compensation Act. When approached by the deceased’s girlfriend with whom he has had two children, the employer further responded that in case any extra moneys were to be paid, such payment would only be made to the deceased if he were still alive and that he therefore has no business with the bereaved family. Advise the parties involved clearly addressing the rights and liabilities. (15 Marks) Question Two: Critically discuss the legal and ins (20 Marks) titutional framework governing social security in Uganda. Question Three a) Discuss the ways of enforcing health an (10 Marks) elevant aut! b) With reference to re responsibilities of employers as regards the health and safe Marks) .d safety standards at workplaces in Uganda. horities, discuss the common law duties and ty of employees. (10 Page 2 0f 3‘Question Four: Explain the development of the common law doctrine of common employment with regards to workers’ compensation. (20 Marks) ‘Question Five: With reference to relevant authorities, discuss the options available to employees who are desirous of resolving a labour dispute. (20 Marks) Question Six: a) Explain the fundamental differences between Pension under the Pension Act and Social Security under the NSSF Act. (10 Marks) b) Explain the Benefits under the NSSF Act. (10 Marks) jqneneenne== END ===:UGANDA CHRISTIAN UNIVERSITY FACULTY OF LAW LLB IV ADVENT SEMESTER FINAL EXAMINATIONS 2020/2021 COURSE UNIT: LABOUR LAW 14 DATE: Friday 8" January, 2021 TIME: 9:00am - 12:00pm INSTRUCTIONS: a) The University rules regarding the conduct of examinations shall apply to this examination. Any form of examination malpractice will be punishable under the relevant University Rules and Regulations. b) This is a PARTIALLY OPEN BOOK examination. Candidates may bring into the examination room and only clean copies of the Statutes and the Reading List. C) Answer ONLY THREE (3) questions but please NOTE that QUESTION ONE is COMPULSORY. d) Originality, clarity of expression, legible writing and use of relevant authorities shall be highly awarded. ——— eeeNNBE Question One: (COMPULSORY) On 31 December 2020, Employees of Uganda Maize Growers Limited (UMGL) received a GENERAL LAYOFF NOTICE which will affect over 100 staff in different departments due to the economic impact of COVID 19 (Coronavirus). The general layoff is to take place one week after the notice. UMGL is not willing to pay any termination benefits for employees except transport back to their homes and gratuitous payment equivalent to one month’s pay. Of the 100 staff to be laid off, 30 having been working with UMGL for the last 13 years. Their contracts provide for gratuity calculated at one month per year worked. The Managing Director of UMGL has indicated that there is a group of twenty (20) casual workers who have been working with UMGL since July 2019. The Managing Director stated that UMGL will not even provide transport to these casual workers since they do not have contracts are therefore not employees. There are 15 employees who have been employed for Seven (7) years with UMGL. They belong to Uganda Maize Growers and Producers Union, a labour union that unites all employees in the maize growing and production industry. UMGL recognises this Union. However, the Managing Director of UMGL does not want to consult or deal with these annoying leaders of the Union. To prepare for labour shortage, UMGL has also signed a contract with Friends Investment Uganda Limited to provide temporary staff referred to as “Friends Investment Uganda Ltd staff” for assignment required by UMGL, under the control and direction of UMGL for the Page 1 of 3affected departments. Friends Investment U duration of the assignment and invoice UMGL at the Uganda Limited will also ensure payment of alt (7 Marks) ©) Under what circumstances may registration of a Labour Union be cancelled? (5 Marks) With the casualisation of labour and introduction of outsourcing of tabour many workers Cannot ascertain their employment status and this has enabled employers to effectively Prevent many workers from accessing protective employment rights. This is likely to be exacerbated in the current Covid-19 Pandemic, Assess the above statement and critically examine the limitations of the common law tests in ascertaining employment status. (20 Marks) Question Four: The Employment Act, 2006 has improved the employees” status in Uganda through different statutory remedies and protections for employees that are available through actions of unfair and wrongful dismissal. Critically examine the above statement. (20 Marks) Question Five: Asiimwe is the union representative of the Uganda Beverages Allied Workers Union (UBAWU) at Coca-Cola Uganda where he is employed as a production manager. UBAWU is a registered Page 2 of 3Labour Union. On the 10 October 2020, the Chairperson of UBAWU wrote to Astimwe inviting her for an urgent meeting scheduled for the 17 October 2020. The aim of the meeting as indicated in the letter was to discuss how to engage employers to retain its members during the COVID 19 economic crisis and advise members on their rights in case they are laid off. The letter was copied to the Chief Executive Officer of Coca-Cola Uganda. On 15 October 2020, Asiimwe received a letter from her boss at Coca-Cola Uganda instructing her to go and Supervise their upcountry office on the 17 October 2020. Asiimwe’s plea to be allowed to attend the meeting fell on deaf ears. At the meeting, the members present agreed that in order to attract youth to the union, Jacob, who is 20 years, should be appointed the General Secretary of the Union to replace the outgoing Secretary. The members also passed a resolution to donate UGX 100,000,000/= to one of the presidential candidates who promises to promote and protect worker’s rights, especially the right to organize and bargain collectively. UBAWU also presented several development projects, which included purchase of land in Kololo at USD 15M and asked Jacob to personally register that land in the Union’s name and present a certificate of registration in the names of UBAWU at their next meeting. The general meeting of UBAWU is also noted with concern that some members had not paid the fines on the late payment of membership fees as per the membership agreement signed by all members. As a result, a unanimous resolution to institute legal proceedings against the non-compliant members was passed. The new secretary was directed to implement that resolution with immediate effect. (20 Marks) Discuss the legal issues raised by the above facts. END Page 3 of 3UGANDA CHRISTIAN UNIVERSITY FACULTY OF LAW LLB IV ADVENT SEMESTER FINAL EXAMINATIONS 2021/2022 COURSE UNIT: INTERNATIONAL HUMANITARIAN LAW DATE: Tuesday 9‘* December, 2021 TIME: 9:00am - 12:00pm eee INSTRUCTIONS: 1. This exam carries 70 marks 2. Answer THREE questions in total including QUESTION ONE which is COMPULSORY and Carries 30 Marks. In addition to Question One, candidates may attempt any other TWO Questions. 3. Answer any other TWO Questions in Addition to Number One. 4. This examination is CLOSED book. Candidates are NOT permitted to come to the examination room with any reading or unauthorized material. 5. Use of relevant authorities and or examples presented in a clear and legible handwriting shall attract high scores; 6. Mobile phones and other electronic gadgets shall not be allowed into the examination rooms. 7. The University rules regarding the conduct of examinations shall apply to this examination; 8. Time allowed is 3 Hours. Question One: (Compulsory! The Republic of Sloveana and Maldana have always had a strained relationship which to a large extent is dependent on the ruling government. In 2015, following the election of General Katrish as the President of Maldana , lucrative trade contracts for the extraction ‘of minerals with the Republic of Sloveana were cancelled. In May 2018, the army of Slovena advanced towards the border town and occupied a substantial part of western Maldana, the mineral rich province. The Minister of Defence informed the country that the presence of the Sloveana army in Maldana was to repulse rebel groups being supported by the government of Maldana. In 2020, rebel groups based in Sloveana launched extensive rocket and motor attacks against civilians near the borders including long range missiles and several days. Later bombs were detonated in Ljublana the capital of Sloveana killing and wounding several people. The Economic Liberation of Maldana, a rebel group rumored to have strong ties to the government of Maldana took responsibility for the bombing. The army of Stovena responded by destroying entire neighborhoods in the border towns of western Maldana arguing that under the houses, tunnels had been dug through and dozens of houses were destroyed on the ground that they were firing from the area at the army of Sloveana. The army of Sloveana destroyed crops and agricultural land in western Maldana on the grounds that the fields were used to fire at the army of Sloveana. In May 2020, The Ministiy of Foreign Affairs of Sloveania in a news conference stated that that the laws in Maldana Page 1of3would be replaced with the Laws of Slovenia in order to ensure the smooth running of Western Maldana. The National Forces of Sloveana restricted its presence to the rich mineral resource area of Slabana in Western Maldana leaving the rest of the surrounding Maldana population at the mercy of marauding bands. High ranking officers in the army of Sloveana recruited local militia who were responsible for the extraction of gold, platinum and gems from the mines in western Maldana and transportation to discreet airports in the mountanius region of Maldana where they were transported Slovenia. The marauding bands and Maldana rebels raped, pillaged and summarily executed civilians in the surrounding areas. The local militia forces burnt and looted homes of civilians suspected to support the government of Maldana and raided several local hospitals where patients were forced to march into forests and were executed and their bodies were later found in unidentified mass graves. International media outlets have reported that wounded soldiers from the National Forces of Sloveana were tortured, summarily executed and dumped into unidentified graves by the militia. International Non-Governmental Organisations have reported that Slovenia has started to transfer its civilian population into fertile areas in the plains of Maldana and that civilians were being forced off the land and their property and transported to undisclosed detention camps for purposes of easier identification and smooth running of Western Maldana . Local relief organisations in Western Maldana have received information that conditions of detention in correctional facilities are deplorable and that persons detained are given inadequate rations of food and water, are not allowed to access the outside world, they do not have access to medical services and are usually subjected to solitary confinement. It has been also reported that though the correctional facilities are ‘overcrowded and several civilians have lost their lives You are an International Humanitarian Lawyer working at the International Committee of the Red Cross. You have been requested to advise on the following. a) How would you categorise the situation above under IHL? Give reasons for your answer? b) Discuss if there are/were any violations of IHL. c) What remedies are available, and which one would you recommend in the circumstances? (30 Marks) “In order to ensure respect for and protection of the civilian population and civilian e Parties to the conflict shall at all times distinguish between the civilian objects and military objectives and t military objectives.” Article 48 of objects, th ta population and combatants and between civilian accordingly shall direct their operations only agains Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol |), 8 June 1977. Discuss the law relating to the targeting under International Humanitarian Law. : (20 Marks) Page 2 of 3Question Three: ‘The Martens Clause, understood today as of general applicability, has acquired the status of a Customary rule and has been adopted, either in whole or in part, by other IHL instrument.’ Discuss the impact of Marten’s clause on the development of International Humanitarian Law. (20 Marks) Question Four: ‘The history of conflicts illustrates the need to restrict the use of force in order to limit the risks of extermination and total destruction of the enemy’. {a) What is the difference between means and methods of warfare? (5 Marks) (b) How do the principles of International Humanitarian Law influence the choice of Means and methods of warfare? (15 Marks) Juestion, It has been argued that International Humanitarian Law is a branch of international law limiting the use of armed conflict {a) Distinguish the relationship between International Humanitarian Law and International Human Rights Law in relation to armed conflicts? (5 Marks) (b) Principles and case law relating to the following * Precautions in attack. (5 Marks) + The legality of the use of chemical weapons in armed conflicts. (5 Marks) + The Rights of Prisoners of war. (5 Marks) Question Si In classifying liberation conflicts and wars against foreign domination as international armed conflicts, Additional Protocol 1 to the Geneva Conventions marks a significant development in the classification of armed conflicts. a) With reference to relevant examples and legal authorities, explain the different circumstances under which armed conflicts involving state armed forces on one hand and non-state armed groups on the other hand may be classified as “international armed conflicts” in International Humanitarian Law. (10 Marks) b) Discuss the legal tests and principles governing the internationalisation of non- international armed conflicts. (10 Marks) End