BLL 111

REVISION QUESTIONS

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Credit herein is given to Mr. Yuma (2022) Lecturer

Compiled by Simasiku, M. (2022) Law Student.

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QUESTION ONE
Judge Kambeu when he was deliberating a case that is of public interest, he faced
difficulties in coming up with the meaning of certain provisions in the Constitution of
Zambia. However, he tried to research on several ways on how to find out the meaning
to these provisions but to no avail. Reading through these provisions, they seem to give
ambiguous meaning. You are a recently recruited research advocate for the High Court
of Zambia and he has given you a task to conduct a search for him on several ways in
which he can find a suitable meaning to these ambiguous provisions. With decided
cases give an opinion of the methods and ways in which to find meaning to these
provisions equally explaining the best option of these methods and why.
QUESTION TWO
In the village of Sikanzonzo, the clan practices the belief that for one to ascend to the
crown, such an individual must have inclination to the matrilineal family. This has been
in existence since time in memorial. However, because of modern trends of living as a
nuclear family, the sons have resisted the crowning of their cousin to be the king in that
one of them should take over from their father. This has brought great division in the
chiefdom. A panel of three Judges has been constituted by the chief Justice to hear the
matter. In delivering judgment it is observed that two judges are of the same view that
the children should inherit their father and the other Judge has given a dissenting
judgment. With decided cases, give an opinion from both angles of the judgments and
what is your position.
QUESTION THREE
Mwika was born in the year 2013 and it is said that at the time of his birth his mother
passed on. Upon further inquiries by the village elders, it was reviewed that the village
birth attendants did not do a good job. The family to Mwika in the village of Samuzunga
brought an action against the birth attends for occasioning the death of their relative. It
is argued by the defendants in court that such practices are not alien to the village. In
your opinion what would compel the adjudicators to incline towards embracing native
norms and on the other hand what factors would oblige the adjudicators to magnate
native norms?

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QUESTION FOUR
Kambanji lived in the village of Kakoma in the Kabompo District of the North-Western
Province of the Republic of Zambia and he was said to be the headman that controlled
all traditional activities in his village. However, the chokwe dialect does practice
mukanda ceremony and this tradition has witnessed many generations. It is believed by
all the dialects in the North-Western Province that one of the rules and regulations is to
keep the culture sacred. He who that is uncircumcised cannot visit the mukanda camp
and in the event that such a person strayed to such a camp, he shall equally be
circumcised. One Sunday morning, staff sergeant Mulenga strayed at the mukanda
camp and he was captured and eventually circumcised. Therefore, after staying for ten
(10) days of intensive health care at the mukanda camp, he recovered and he was later
released to join his fellow soldiers. Staff Sergeant Mulenga aggrieved with what had
happened to him walks into your law firm and explains to you on what transpired. He is
furious and wants to take legal action against Mr. Kambanji. Having been a learner of
Law at the prestigious Mulungushi University, give an opinion on the prospects of the
court ruling in favour of Mr. Kambanji.
You are a first year Student in the Law School at Mulungushi University and done legal
process. Explain the main two tenents of English Common Law.

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