UGANDA CHRISTIAN UNIVERISTY

UNIVERSITY EXAMINATIONS 2020

THIRD YEAR EASTER SEMESTER EXAMINATIONS FOR THE DEGREE OF

BACHELOR OF LAWS

COURSE: LAW 302 CLINICAL LEGAL EDUCATION I

DATE: SEPTEMBER 2020 TAKE HOME EXAM

INSTRUCTIONS/GUIDELINES:

Background: The questions in this examination may be drawn from any of the
course material and content that has been presented during the semester lectures,
texts and readings, discussions, etc. Students may use any of these materials for
reference, BUT students must provide citation for any material used. Examinations
measure:
} students’ knowledge of the material;
} students’ knowledge and ability to apply material taught in class.
} students’ analytical and reasoning skills.
} students’ ability to express themselves creatively and communicate
effectively.
} students’ ability to synthesize material and draw conclusions from multiple
sources.
Preparation: Students study and prepare for take home examinations as they
would for any exam. Students may not need to memorize as much information, but
they will have to find, be familiar with, and apply content and materials from the
course.
Copying information: The same rules apply in take home examinations that apply to
academic work in general. Copying is plagiarism, and plagiarism is unacceptable.
Take home examinations measure application and interpretation of material as well
as the student’s own description, analysis, and synthesis. Any material that is cited in
answers needs to be referenced.
a) Answer According to the following instructions
b) Your Response should be typed in digital format and submitted in Portable
Document Format (pdf)
c) Use Trebuchet MS font type; Size 12; Line Spacing 1.5
d) Save your work in this format: REG NO_PROGRAM &YEAR_COURSE UNIT
NAME (eg S17B05/001_BBA2_Business Economics)
e) Submit your examination answers to the University through the e-learning
platform or your faculty email, law@ucu.ac.ug
f) ALL EXAM ANSWERS WILL BE SUBJECTED TO A PLAGIARISM CHECKER

g) Uganda Christian University Integrity Covenant

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 As a student of Uganda Christian University, it is my responsibility to conduct
the whole of my academic career with unwavering integrity. I do this because I
value integrity and because the entire scholarly enterprise is balanced on the
assumption that we can trust one another. Therefore, I pledge to act with
academic integrity by;
i. Writing this examination
ii. Identifying/Acknowledging the source of the ideas or words or images
that I use in my work
iii. By writing this examination I accept to be bound by this covenant and
accept the consequences if I am in breach thereof.

h) By doing this examination, I understand my obligation, at this time, to keep

myself and the community around me safe from the Covid 19 Pandemic,
following the ministry of Health SOPs.
NB: The University does not require your physical presence on any of
Uganda Christian University campuses or colleges.

IMPORTANT NOTICE ON SUBMISSIONS

1. Please ensure that you indicate the name of the course, your class and stream
(e.g. Clinical Legal Education I LLB III A) in the subject line of your email while
submitting the take-home exam.
2. Each Answer Sheet must have a cover page as per Annexure A to this exam.
Please ensure that your Answer Sheet is well labelled with the: Subject Code,
Subject, your Name, Registration Number, Access Number, your Class, your
Stream, your Campus and the name of your Lecturer.
3. Failure to comply with the above instructions may have dire consequences.

*THIS PAPER CARRIES 70 MARKS

EXAMINATION INSTRUCTIONS

a) This is AN OPEN BOOK EXAMINATION. You can make reference to any relevant
materials.
b) Answer Three questions.
c) Question one is compulsory.
d) Originality, clarity of expression and use of and reference to relevant authorities
shall be highly rewarded.
e) Cheating and/or any form of exam malpractice including plagiarism shall be
punishable under the relevant University Rules and Regulations. No mark or credit
will be given for work which is handed in that is plagiarised.

COMPULSORY QUESTION ONE (30 Marks)

(Reference: Legal Ethics and Professionalism in Uganda)

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While inspecting law firms for possible approval, members of the Law Council
come across a billboard flashing as follows;
“Quick services, speedy delivery!” Come to Mugyezi and Co. Advocates,
the leading Law firm in Uganda. We have successfully handled the
following cases: Onesimus v Keith, Ishmael v Andrew, Sheila v Nicholas
among others.”
The members further discover that the firm always makes comments to
newspapers and news media concerning pending cases that they handle and charge
$ 13,000 per concluded case. The firm also enters arrangements with some clients
for sharing of a proportion of the proceeds of judgement. The members of the Law
Council also discovered that the firm approaches persons involved in accidents and
convince them to come to their firm and secure their services. Recently while
reading the New Vision, members saw photographs of these same advocates
affixed next to the articles that they had published.
On 12th July 2014, the firm was representing a client in a missing person’s case. In
the course of representing the client, the client confessed that he did in fact
kidnap and kill the missing people. He even disclosed where the bodies were
buried. This was after the client had given his evidence in court. The firm was
silent about this discovery.
It also came to the notice of Law Council that Caesar, the Senior counsel, received
instructions from one of their clients to recover sh. 5,000,000 from a debtor. They
were paid instruction fees and were given the necessary documents to begin the
case. The said documents were kept in the drawer for six months because the
Senior counsel was attending to other cases in Court of Appeal. Later on, the client
changed his mind and was willing to agree to an out of court settlement, but
Caesar was opposed to it because he knew that a protracted legal battle would
earn him more fees. He indeed won the case for Mugyezi and Co. Advocates as a
result, Ush.400,000,000 in cash was recovered. Instead of remitting the money to
the client, the advocates decided to invest it in real estate business hoping to
recover it from the appreciation of the property and then transmit it to their
client.
When summoned by the Law Council, the lawyers refuse and claim they are only
answerable to the Registrar of the Courts of Judicature.
Advise the Law Council on the issues involved therein and the possible action
that can be taken against Mugyezi and Company Advocates (20 marks)

ANSWER TWO OF THE FOLLOWING THREE QUESTIONS:

Question Two (20 Marks)

Nadia is five years old. She has been living with her stepmother Faith since May
2014 when her mother Eva was evicted from her marital home by Isaac, Eva’s
husband. Since then Faith, Nadia’s stepmother, has been mistreating her. Several
times she has starved her, repeatedly beaten her and burnt her fingers. A month
ago, Faith tied Nadia’s hands and legs in a pig sty so that she would not escape.
She repeatedly checked on her to see if she was still intact and during such
moments, she would make her sit on her urine and faeces. Although relatives and
neighbours were aware about the ongoing abuse, it was never reported to the
authorities. One evening, a stranger called Adile, who was taking a stroll, heard
Nadia groaning in the pig sty as he passed by. On looking in, he was deeply
disheartened by the plight of this young girl and he tipped the police who came to

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Nadia’s rescue and rushed her to Mulago for treatment. On arrival, Nadia could not
talk, eat or walk. She has been undergoing physiotherapy and psychotherapy. The
hospital nutritionist is feeding her on a special diet because she is so emaciated
and malnourished. Eva, Nadia’s mother, approaches you for legal advice. She
comes along with her daughter.
a) What are the questions that you would ask Nadia during the interview?
b) What precautions/factors would you put into consideration while
interviewing a child?

Question Three (20 Marks)

(Reference: Redeeming Law, Christian Calling and the Legal Profession,
Michael Schutt)
Michael Schutt discusses three stumbling blocks that Christians face in the study
and practice of the law and suggests ‘Integrity’ as a means of addressing them.
a) Explain clearly what these stumbling blocks are and how the three aspects
of ‘Integrity’ can help resolve these stumbling blocks.
b) Imagine you have completed your studies and are a lawyer in practice, how
would you apply the three spiritual disciplines of integrity learned from
Daniel (in the Bible) in your vocational life?

Question Four (20 Marks)

(Reference: Legal Ethics and Professionalism in Uganda, Brian Dennison and
Pamela Tibihikirra-Kalyegira (Editors, 2014)
a) “Although the client may not always be right, the needs and perspective of
the client are of central importance to a private legal practitioner.” Discuss
this statement, clearly pointing out why you would employ a client-centred
approach as a legal practitioner and what pitfalls you would need to be
conscious of in this approach.
b) “The limitations on public communication, advertising and marketing by
advocates in Uganda is archaic and of no current relevance.” Do you agree
with this statement?
Question Five (20 Marks)

(References: Making the Law Work for Everyone, UN Commission for the Legal
Empowerment of the Poor) and Legal Ethics and Professionalism in Uganda.

a) The UN Commission has observed that the solution to poverty in developing

countries is to ensure that the poor are empowered by the law. Discuss
clearly the four pillars of legal empowerment proposed by the Commission
and how they can help lift persons out of poverty.
b) With reference to the Ugandan legal framework available on access of
justice to the poor, how can you provide pro bono services to indigent
persons in Uganda?
Annexure A

TAKE-HOME EXAMINATION

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 COURSE CODE: LAW 302
CLINICAL LEGAL EDUCATION I

By

(Full name, Registration Number and Access No. of the student)

Submitted in fulfilment of the requirements for the degree of

Bachelor of Laws (LLB)

Faculty of Law,

Uganda Christian University

Main Campus/Kampala Campus

Date

(Day, Month and Year)

Class: e.g. LLB III STREAM A

Lecturer: e.g. Ms. Mirriam Achieng

Tutor: e.g. Ms. Lydia Ntono