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INTRODUCTION:

WHAT IS LEGAL METHODS?

Legal methods refers to a set of techniques used to analyse and apply the law; and
to determine the appropriate weight that should be accorded to different sources
of law. According to Simon Lee and Larry Fox, “the course or study of legal
method can be used as the basis of a first year course or an intensive introductory
course in the first year to develop skills throughout a four year course. Legal
methods is an introduction to both the nature of the English legal system and it’s
sources ant the techniques which lawyers use when handling these sources.”

Legal methods is made up of two words: ‘Legal’ and ‘method’. The word “legal”
means, something relating to the law or anything deriving authority from or
founded on law. “Method” on it’s part, is a systematic procedure, technique, or
mode of inquiry employed by, or proper to a particular discipline of law. This is
basically the ‘mode of operation’ or the means of attaining an object. The Latin
phrase, ‘modus operandi’ (method/mode of doing something) can also be used in
the place of the word ‘method’ although this maxim is mostly used under criminal
law. Justice Friedman in the case of People v. Chambers stated that, “The notion
of modus operandi (refers to) a characteristic method or plan pursued by a person
in performance of something.”
Legal methods focuses on the orientation of students to legal studies from the
point of view of basic concepts of law and legal systems. This helps students to
think and act like a lawyer and respond to law studies accordingly. Harry W. Jones
asserts that, the beginning law student goes through an experience for which
nothing in his past education has prepared him, and thus finds it hard to adjust to
the way things are handled in law studies. He continues to elucidate that;
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“Above all, the beginning law student finds it hard to grasp just what it
is that is expected of him, what insights he is supposed to bring to the
class discussions and exams…..”
Therefore, legal methods responds to all the difficulties law students face while
trying to fit within the ambit of legal education and the legal profession at large.
This provides a ground work on the fundamental concept of law. Gold in his article,
“Traditional Legal Education” has summed up the nature of traditional legal
education as follows;
“Traditional legal education (1) pursues the learning of legal facts, (2)
through a process of analysis, (3) which teaches students to think like
lawyers, (4) then asks questions about underlying fundamental
principles, (5) and about policies. Almost all of this study engages the
rational mind in an essentially objective analysis.”
Legal methods under the umbrella of ‘legal education’ teaches the students to
engage with legal texts, to think critically about the law, and to familiarize
students with theoretical debates on the nature of law and acquaint them with
their real world consequences. It equips students to gain a basic understanding of
the legal system, the institutions, the nature of legal rules, the technique of legal
and logical reasoning and analysis.
In our legal system the phrase “common law” is most commonly used to refer to
judge-made law as distinguished from statutory law. I think everyone would agree
that our whole legal heritage derives from the common law which originated at a
time when the courts were the prime law-makers. Thus by definition, the common
law deals with problems which have not been resolved by legislative action. Lord
Wright has written that; “…………law is not an end in itself. It is a part in the
system of a government of the nation in which it functions, and it has to justify
itself by its ability to sub-serve the ends of government, that is , to help to
promote the ordered existence of the nation, and the good life of the people.”
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THE LEGAL PROFESSION IN UGANDA.

The legal profession is ‘a vocation that is based on expertise in the law and in it’s
application.’ Those who pursue these ‘vocations’ collectively form a body of
individuals who are qualified to practice law in particular jurisdictions. Justice
Remmy Kasule in Raymond Otucu v. Otwii Tom and others(HCT-02-029-2007)
stated at page 6 that, “The legal profession, more than any other profession,
enjoins its members to exhibit the best proficiency of expertise when handling and
pursuing instructions of their clients or the state at large.”
Justice Stephan Musota in Paul Mugoya v. Attorney General(Misc. Application No.
364 of 2015) stated at page 7 that, “….the Advocates Act Cap. 267 is one of the laws

that regulates the legal profession…..and matters relating to the legal profession
in Uganda.”
The legal profession is divided into two broad areas: (1) The Bench and, (2) The
Bar.
THE BENCH
This is composed of judicial officers who are regulated by the Uganda Judicial
Code of Conduct, and the Judicial Service Act Cap.14.
Article 126(1) of the constitution creates the stem of judicial power in Uganda by
providing that, ‘judicial power is derived from the people and to be exercised by
the courts established under the constitution……’ Under Article 257(b) of the
constitution, a “court” is one established by or under the courts of judicature.

A “judicial officer” was defined in the case of Masalu Musene v. Attorney

General, to mean, “all the persons and offices mentioned in Article 151, unless
the contex otherwise requires.” Under Article 151 of the constitution, ‘a judicial
officer’ means, (a) judge or any person who presides over court, (b) the chief
registrar of court and, (3) such other person holding any office connected to court.
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However, there are also other parties which may also preside over court or tribunal.
Thus in the case Masalu Musene v. Attorney General, Justice Twinomujuni stated
that, “Besides judges, Magistrates and Registrars, there are other persons who
preside over court or tribunal howsoever called. These include, members of the
Land Tribunal, members of the Industrial Court, members of the Tax Appeals
Tribunal, members of Local Council Courts……”
Under Article 129 of the constitution, the different courts of Uganda are listed
starting from the Magistrates Court grade 1 to the Supreme court of Uganda. It is
therefore clear that these courts make up the judiciary and every person who
works for these courts is taken to be an employee of the judiciary. Thus in Masalu
Musene v. Attorney General, Justice Twinomujuni clearly stated that, “Article
151 only covers employees of the judiciary who are engaged in adjudicating
disputes. It cannot cover any other person employed outside the judiciary….., in
that context therefore the expression ‘judicial officer’ can only mean the
following, (a) Justices of the Supreme court, (b) Justices of the court of Appeal, (c)
Judges of the Court, (d) Magistrates, (e) Registrars……..I would so hold.”

REGULATION OF JUDICIAL CONDUCT;

Judicial officers are regulated by the Uganda Judicial Code of Conduct which
provides for the principles that every judicial officer must abide by in discharge of
their duties. Under the preamble of this code, it is stated that, “NOW WE THE
JUDICIAL OFFICERS OF UGANDA DO HEREBY ADOPT THE FOLLOWING PRINCIPLES
AND RULES DESIGNED TO PROVIDE GUIDANCE FOR REGULATING JUDICIAL CONDUCT
AND TO BE KNOWN AS ‘THE UGANDA CODE OF JUDICIAL CONDUCT.”
Therefore it should be noted that every judicial officer has a duty to exercise high
levels of professional ethics while carrying out his/her judicial duties. Thus in an
Indian case of Saad Salami v. Chief Justice, High Court Sindh, the court defined
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“Judicial Ethics” as, ‘Unimpeachable character, high integrity and transparency in

actions coupled with nobility and dignity.’
The principles governing judicial conduct as per the Judicial Code of Conduct are
listed below;
Independence
This principle requires that, a judicial officer should uphold and exemplify the
independence of the judiciary in it’s individual and institutional aspects. A judicial
officer shall reject any attempt, arising from outside the proper judicial process
to influence the decision in any matter before the judicial officer for a judicial
decision. Thus in the case of Julia Ssebutinde v. Attorney General, Hon.Justice
Lillian Tibatemwa stated that, ‘the complete liberty of the judicial officer is to
independently and impartially decide cases that come before the court….’

Impartiality
This principle provides that, the essence of the judicial function and it’s
applicability is not only to make a decision but also the process by which the
decision is made. A judicial officer is required to perform his or her judicial duty
without favour, bias or prejudice. In line with this, Lord Hewart CJ in the case of R
v Sussex Justices ex parte McCarthy said that, ‘Justice should not only be done
but it should also be seen to be done.’ Therefore, Justice Lillian Tibatemwa in
Julia Ssebutinde’s case(supra) was of the view that, “the complete liberty of the
judicial officer is to impartially and independently decide cases that come before
the court…”

Integrity
This is central to the proper discharge of the judicial office. The behaviour and
conduct of a judicial officer must re-affirm to the people’s faith in the integrity of
the judiciary. A judicial officer shall respect and uphold the laws of the country.
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He/she must exhibit and promote high standards of judicial and personal integrity.
Thus in Justice Okum Wengi v. Attorney General, it was stated that, “integrity of
judicial officers is central since it re-affirms the people’s faith with the judicial
officers.” Also in the case of His worship Aggrey Bwire v. Attorney General, the
appellant, a Magistrate Grade 1, was charged before the Judicial Service
Commission for being untrustworthy and lacking integrity, abuse of judicial
authority, conducting himself in a manner prejudicial to the good image, honour
and dignity of the judiciary. He shielded himself under judicial immunity and
independence but the court dismissed this. It was held that by his own conduct, he
had disqualified himself from the protection afforded by the principles of judicial
independence and immunity.

Propriety
This principle requires that, propriety and the appearance of propriety are
essential to the performance of all the activities of a judicial officer. A judicial
officer shall avoid impropriety and the appearance of impropriety in all judicial
and personal activities. He or she must conduct himself or herself in a manner
consistent with the dignity of the judicial officer. For example in the case of
Justice Okum Wengi v. Attorney General, were the petitioner, a judicial officer
was suspended regarding the allegations of judicial impropriety, corruption, and
fraudulent perversion of justice. The court dismissed the petitioner’s application
on grounds that his conduct as a judicial officer was improper.

Equality
This principle requires that, all persons are entitled to equal protection of the law.
A judicial officer shall accord equal treatment to all persons who appear in court,
without distinction on unjust discrimination based on the grounds of sex, colour,
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race, religion, age e.t.c. The Constitution under Article 21 provides for equality
and freedom from discrimination.

Competence and diligence

This principle requires that, competence and diligence are pre-requisites to the
performance of the judicial officer. A judicial officer shall give judicial duty
precedence over all other activities.

However, despite the principles set to regulate judicial conduct under the Judicial
Code of Conduct, there have been instances and cases were justices, judges and
magistrates have expressed judicial misconduct while carrying out their judicial
duties as seen below;
In Justice Okum Wengi v Attorney General, the accused who was a judicial
officer was suspended from office by the Judicial Service Commission on
allegations of demanding bribe from Asians. The court dismissed his application
and he was ordered to secure a new and fresh appointment from the president.
In Attorney General v. Glady Nakibuule Kisekka, were the respondent was
charged with offenses of abusing judicial authority contrary to the Judicial Service
Act and the Judicial Code of Conduct. She argued that she enjoyed judicial
immunity against the allegations. The court held that, ‘…..a judicial officer once
notified of a complaint lodged against him/her before the Judicial Service
Commission for abuse of judicial authority, cannot answer that all with the shield
of judicial immunity.”
In Justice Kalinda v. Attorney General, the applicant was suspended from his
work as a judicial officer on grounds that he had fake academic documents which
he had been using as his education background. The court held that this was an
illegality and therefore the applicant had to lose his position as a judicial officer as
required by the law.
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Forms of judicial misconduct;

1. Using the judge’s office to obtain special treatment from friends or relatives;
accepting bribes, gifts, or other personal favors.
2. Having improper discussions with parties or counsel for one side in a case.
3. Violating the rules of procedure or rules of evidence.
4. Acting outside the jurisdiction of the court.
5. Delay delivery of rulings.
6. Hiding files in chambers.
7. Corruption.
8. Coming late to court.
9. Treating litigants or lawyers in a demonstrably hostile manner.

THE BAR
The bar is made up of “Barristers” and “Solicitors”. The bar is mainly composed of
“Lawyers” or “Litigants” and not judicial officers simply because judicial officers
belong to the Bench.
The bar is headed by the Attorney General by virtue of Article 119(3) of the
Constitution of Uganda. Second to the Attorney General is the Solicitor General,
who is then followed by the Director of Public Prosecutions(DPP). The DPP is then
followed by Advocates with Special Standing(Senior Counsel, Commissioner of
oaths) and lastly the Advocates.
The bar
Attorney General(Head of the bar)
Solicitor General
Director of Public Prosecutions
Advocates with Special Standing
Advocates
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“Advocate” is defined under Section 1 of the Advocates Act to mean, any person
whose name is duly entered upon the roll. Under Section 7 of the Advocates Act,
the roll of advocates is to be done by the registrar.
Section 16 of the Advocates Act provides for an Advocate to be an “officer of
court.”

PROCEDURE FOR BECOMING AN ADVOCATE.

The procedure for becoming an advocate is provided for under the Advocates Act
Cap.267 and the Advocates (Enrollment and Certification) Regulations.
Procedure;
1) The person must have acquired knowledge about law/legal studies from a
recognized University or Institute of law. Section 8(5)(a) of the Advocates Act
provides that the person must be a holder of a degree of law granted by a
university in Uganda or a degree in law from other institutions outside Uganda
but recognized by the Law Council.
2) Application for the Certificate of Eligibility to the Law Council. Regulation 4
of the Advocates (Enrollment and Certification) Regulations provides for the
application of the certificate of eligibility to be done in conformity with the
conditions set out in Section 8(5) of the Advocates Act. Under Regulation 4(3),
this application must be supported by an affidavit verifying the facts set forth.
Regulation 5(c)-(d) requires the application to be accompanied by two letters
of recommendation from former lecturers or people who have acted as
supervisors of the application and these people should be advocates with a 3
year standing. However, by virtue of Regulation 4(1)(e), these advocates must
not have any case pending against them as to professional misconduct.
3) Applicant and the Commissioner of oaths to sign. Regulation 5 of the
Advocates (Enrollment and Certification) Regulations, requires the
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application for the Certificate of Eligibility to be signed by the applicant and

the commissioner of oaths.
4) Certificate of Eligibility is run in the Gazette. Regulation 6 of the Advocates
(Enrollment and Certification) Regulations provides that, the certificate of
eligibility will be run in the Uganda gazette that the applicant and others are
aspiring to be advocates of the High Court and other Courts. The Law Council
then issues a Certificate of Eligibility to the applicant.
Application for Enrollment;
5) After receiving the Certificate of Eligibility, the applicant may petition the
Chief Justice so as his or her name can be enrolled. Regulation 8(1) of the
Advocates (Enrollment and Certification) Regulations, requires the applicant
to petition the Chief Justice praying that the name be entered on the roll of
advocates. Regulation 8(2)(a)-(c) provides that, the petition should be
accompanied by the Certificate of Eligibility for enrollment issued by the Law
Council and a certified copy of the statement, or documents and certificates of
legal education. The applicant should also be recommended by two advocates
who have practiced for atleast three years. This application must be submitted
through an approved law firm.
6) Advertisement of the application. Regulation 9 of the Advocates (Enrollment
and Certification) Regulations, provides for the advertisement of the
application for enrollment by the Gazette.
7) Notification of the applicant. Regulation 10(2) of the Advocates (Enrollment
and Certification) Regulations provides that, the registrar shall notify an
applicant for enrollment of the decision of the Chief Justice in respect of the
application.
8) Confirmation by the Chief Justice. Once, the name of the applicant is
confirmed by the Chief Justice, his or her name is then entered on the roll to
practice as an advocate. Regulation 11 of the Advocates (Enrollment and
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Certification) Regulations provides for the certificate of enrollment to be

issued by the Chief Justice. The advocate then appears physically to the
registrar so as to sign the Certificate of Enrollment at the High Court.
Application to Practice Law;
9) Any person who may wish to practice law may apply for a “Practicing
Certificate.” The Practicing Certificate is categorized into two; (a) Practicing
Certificate for new advocates and, (b) Practicing Certificate for Old Advocates.
For new Advocates; Regulation 13 of the Advocates (Enrollment and
Certification) Regulations provides for the right of audience of the new advocates
for the first 9 months only in the Magistrate’s Courts. This means that a new
advocate has to first practice law in the Magistrate’s Courts for 9 months before
appearing in the higher courts.
After the 9 months of practice in the Magistrate’s Courts, an advocate is now
considered to be a old advocate and he or she is deemed to renew his/her
practicing certificate. However before carrying out the renewal, Regulation 14 of
the Advocates (Enrollment and Certification) Regulations requires the
advocates to show that he/she has been an advocate of good standing and, must
have; (1) Continuing Legal Education, (2) a law firm with NSSF compliance, (3) Paid
the annual subscription fees to the Uganda Law Society, (4) Paid 40 dollars to the
East African Law Society and, 50,000 Uganda shillings to the High Court.
Can an Advocate ask for removal of his/her name form the Roll of Advocates?
Section 10 of the Advocates Act provides that, an advocate of good standing can
ask for their name to be removed from the roll of advocates.
Can the Registrar refuse to issue or renew an advocates Practicing Certificate?
Section 12 of the Advocates Act provides that, the Registrar shall refuse to issue
or renew a Practicing Certificate of any advocate on the following grounds; Being
of unsound mind, failure to pay costs, failure to pay subscription, lack of approved
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chambers, being convicted of criminal offenses, lack of continuing legal education

points e.t.c.

ADVOCATES PROFESSIONAL CONDUCT

The Advocates (Professional Conduct) Regulations provide for the conduct
advocates should comply to while carrying out their duties as advocates.
However, Section 17 of the Advocates Act empowers courts to deal with
Advocates who violate the rules of ethics.
Section 18 of the Advocates Act provides for the establishment of the Disciplinary
Committee of the Law Council, to deal with complaints originating from the
misconduct of advocates.
Therefore, all advocates are deemed to comply to the code of conduct set under
the Advocates (Professional Conduct) Regulations. Among the regulations under
the Advocates (Professional Conduct) Regulations include;

Regulation against conflict of interest or Personal involvement is the client’s case.

Regulation 9 of the Advocates (Professional Conduct) Regulations restricts any
advocate from appearing before any court or Tribunal in any matter in which he or
she has reason to believe that he or she will be required as a witness. In the case of
Lwandasa v. Kyas Global Trading Company(2014), the transaction in dispute
had been handled by M/S Nziga and Co. Advocates, now the defendant’s counsel,
the sale agreement in dispute, the performance and execution was also overseen
by the same law firm and the legal enforcement too. It was held that this was
contrary to Regulation 9 of the Advocates (Professional Conduct) Regulations since
it resulted into conflict of interest.
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Regulation against acting for a client without instructions.

Regulation 2(1) of the Advocates (Professional Conduct) Regulations provides
that, “No advocate shall act for any person unless he or she has received
instructions from that person.”

Regulation against prejudicing former clients.

Regulation 4 of the Advocates (Professional Conduct) Regulations provides that,
an advocate shall not accept instructions from any person in respect of a
contentious or non contentious matter if the matter involves a former client and
the advocate is as a result of acting for the former client aware of any facts which
may be prejudicial to the other client. In Fred Nyeenya Mayambala v. Bisaso
Nathan (2005), the defendant’s counsel had earlier represented the plaintiff
under which the suit property was sought to be recovered by the plaintiff against
the defendant. The court stated that, “…for a conflict of interest to arise in
respect of a former client, there must be a nexus between the two disputes which
prejudices the position of the former client.”

Regulation against using fiduciary relationship between the advocate and his/her
clients for the advocate’s own advantage.
This is provided for under Regulation 10 of the Advocates (Professional Conduct)
Regulations. Thus in the case of Uganda v. Ojangole (2014), were the lawyers of
the employer to the accused had represented the accused. The lawyers had
knowledge about the accused employer’s financial status and when a point of
contention in court turned out to be against the employer, the advocate turned
around and seek to act on behalf of the accused in a matter arising from the same
transaction. The court held that it was forbidden for the advocate to take
advantage of the fiduciary relationship with his client for gain.
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Regulation against ‘Res sub judice’.

Regulation 20 of the Advocates (Professional Conduct) Regulations restricts an
advocate from making announcements to newspapers or any other news media,
including radio and television, concerning any pending, anticipated or current
litigation in which he or she is not involved.

Regulation against coaching witnesses.

Regulation 18 of the Advocates (Professional Conduct) Regulations restricts an
advocate from coaching a person whom he/she is expecting to be a witness in a
matter the advocate is appearing before in any court.

Regulation against unlawful arrangement with public officers.

Regulation 13 of the Advocates (Professional Conduct) Regulations restricts an
advocate from entering into any arrangement with any person employed in the
public service whereby that person is to secure either the acquittal of the
advocate’s client, the bringing of a lesser criminal charge against the advocate’s
client.

Regulation against presenting to court false affidavits.

Regulation 15 of the Advocates (Professional Conduct) Regulations restricts any
advocate from including in any affidavit any matter he or she knows that it is false.
In Re Ssesanga, the petitioner was struck off the roll of advocates for swearing a
false affidavit. The court held that his name could not be restored due to
professional misconduct carried out by him as an officer of court.

Regulation against advertising.

Regulation 25 of the Advocates (Professional Conduct) Regulations restricts an
a advocate from putting his or her name in the capacity of an advocate to be used
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in any commercial advertisement. However, this rule has got serious international
challenges, for example in Kenya in the case of Okenyo Omwansa v. Attorney
General, the Kenyan High Court accepted the advertising by advocates.

Regulation against champerty or contingent fees.

Regulation 26 of the Advocates (Professional Conduct) Regulations restricts an
advocate against entering in any arrangement for the sharing of a proportion of the
proceeds of a judgement. In the case of Shell (U) Ltd v. Rock Petroleum, Justice
Mulyangoja held that, champerty agreements, which are known among lay persons
as buying into another’s law suit or sharing in the spoils of litigation are illegal at
common law.

Regulation against charging excessive fees.

Regulation 28(1) of the Advocates (Professional Conduct) Regulations provides
that, no advocate shall charge a fee which is below the specified fee under the
Advocates (Remuneration and Taxation of Cost) Rules.

DUTY/ DUTIES OF AN ADVOCATES

DUTIES OF ADVOCATES TO THEIR ‘CLIENTS’
Section 1 of the Advocates Act defines a “client” as, ‘any person who as a
principal, or on behalf of another, or personal representative, or in any capacity
has power to retain or employ, an advocate costs.’
Representing clients in court;
It is a duty of a lawyer to represent his or her client in both civil and criminal
proceedings. Article 28(d) of the constitution requires a person charged with a
criminal offence to appear before the court in person or by a lawyer. Thus in Lobo
v. Saleh Salim and others, it was stated that, “….an advocate who appears for a
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client in a contested case is retained to advance or defend his client’s case is

retained to advance or defend his client’s case as an officer of the court.
Providing legal advice to clients;
Advocates have a duty to provide legal advice to clients. This advice has to be in
position to help the client regarding the legal issue at hand. Thus in Kirima
Estates(U) v. K.G Korde, were the advocate gave his client wrong advice about his
financial standing thus led to losses after lending money. The court held that, the
defendant had broken his duty to offer advice to the plaintiff as to the financial
standing.
Duty to communicate to clients;
Regulation 2(2) of the Advocates (Professional Conduct) Regulations provides
that, an advocate shall not unreasonably delay the carrying out of instructions
received from his/her clients and shall conduct business on behalf of clients with
due diligence, including answering of correspondence dealing with the affairs of his
or her clients.
Documentation management;
Clients entrust advocates with important papers and documents and thus rely on
their advocates to manage the client’s legal files in a secure and orderly manner.
Avoiding representing clients in conflicts of interest;
Regulation 9 of the Advocates (Professional Conduct) Regulations restricts
advocates from appearing before any court or tribunal which the advocate has
reason to believe that he/she will be required as a witness.

DUTIES OF ADVOCATES TO THE COURT.

Section 16 of the Advocates Act requires every advocate to act as an ‘officer of
the High Court’ and shall be subject to the jurisdiction of the High Court.
Among the duties of the advocates to the court include;
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Duty no to submit false evidence;

Section 57 of the Advocates Act provides that Advocates shall not include any
affidavit which they have reason to believe to be false.

Duty to advise the court on matters within his or her special knowledge;
Advocates are under a duty not to allow the court to be misled. Regulation 19 of
the Advocates (Professional Conduct) Regulations requires the advocate to
inform the court of any irregularity without delay. Thus in Vicent Iga v. Agip, it
was stated that, “the duty of counsel is to elicit all relevant information to the
court to help court arrive at the right decision.”

Duty not to interfere with the due process of court;

This includes the duty not hinder, intimidate or induce a witness whom the
advocate knows has been called to witness. Regulation 18 of the Advocates
(Professional Conduct) Regulations prohibits advocates from coaching witnesses.

DUTIES OF ADVOCATES TO OPPOSING COUNSEL

a) Communication with both counsel about the details of the case at hand.
b) Discovery process. This is the stage were both lawyers exchange documents and
information about a case.
c) In court, both counsel have a duty not to be blinded by the desire to achieve
success for their client by providing misleading witnesses and false documents.

ADVOCATE’S DUTY TO THE STATE

a. To take on cases of citizens against the state or capital offenses. This is called
“State Brief”. Article 120 of Constitution provides for the office of the DPP to
institute criminal proceedings against any person or authority in matters
concerning offenses against the state.
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b. Advocates have a duty to pay taxes.

ADVOCATES DUTY TO THE PUBLIC.

i. To help in justice for all.
ii. To handle Pro-bono services. E.g The Uganda Law Society holds a annual
Pro-Bono service day every year to offer free legal services to people.
iii. To serve justice and not being after money.
iv. To promote Public Interest Litigation.

ADVOCATES DUTY TO THE LEGAL PROFESSION.

a. To protect the constitution of Uganda as required by Article 3 of Constitution.
b. To pay annual fees to the Uganda Law Society, East African law Society and the
High Court.
c. To comply to the Advocates Code of Conduct.

THE ROLE OF A LAWYER IN THE TRASFORMATION OF THE SOCIETY

Lawyers help in eradicating the following challenges in the society;
(1) Poverty, (2)Corruption, (3)Insecurity, (4)Ignorance and, (5)Inefficiency.
“Lawyers can address all the above challenges by playing an important role in the
prosecution and defending those who may not be guilty of offenses.”

LAWYERS AS AGENTS OF POSITIVE CHANGE

Lawyers are instrumental when it comes to helping the poor people who can not
afford hiring lawyers. This is manifested under different laws in Uganda as seen
below;
1. The Poor Person’s Defence Act empowers the advocates to defend poor people
in court proceedings.
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2. The Advocates Act also requires advocates to provide pro-bono services to the
poor people who may not afford to hire lawyers.
3. The Magistrate’s Court Act provides for a provision which requires advocates
to render legal services to the poor people.
4. The placement of Law schools has also helped in the transformation of the
society. For example, the Makerere University School of Law organizes a
pro-bono day to give free legal services to the public.
5. Lawyers also help in the protection of the rights of women in the society. Thus
in the case of Uganda Association of Women Lawyers v. Attorney General,
The constitutional court held that the observance of women’s rights is essential
in promoting democracy.
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LEGAL EDUCATION
Legal Education is the education of individuals in the principles, practices, and
theory of law. Legal education can be undertaken by those who intend to become
legal professionals or those who simply intend to use their law degree to some end,
either related to law or business.

HISTORY OF LEGAL EDUCATION IN UGANDA.

The history of legal education in Uganda can be traced from the early 1950’s. In
July 1952, the Chief Secretary of the Protectorate Government issued a gene,
“AFRICAN PUPIL’S-CROWN LAW CHAMBERS”; which was intended to allow African
natives to also get an opportunity to enter the colonial legal services.
The first ever School of law in Uganda was, ‘The Makerere University School of Law’
which was started in 1968. However, other schools of law were opened up in
different parts of Uganda, and it estimated that there are more than 12 schools of
law in Uganda today.
The Law Development Center(LDC) was also established in 1970 by the Law
Development Center Act as a government owned institution of higher learning
responsible for “research, law reform, publications, law reporting and community
legal service provider.”

STAGES OF LEGAL EDUCATION IN UGANDA.

In the case of Pius Niwagaba v. Law Development Center, the court cited the
World bank funded report on Legal Education(1995) by Justice Benjamin Odoki,
and the court was of the view that this report recognized that, the training of a
lawyer consists of 3 stages; “The Academic stage, the Professional Stage which
consists of institutional training, and lastly Continuing legal education.” The
report further stated that;
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“The academic stage should be taken at a university or it’s equivalent. The

professional stage should consist partly of organized vocational in an institutional
setting partly of practice experience in a professional setting under supervision.”

THE LEGAL FRAMEWORK GOVERNING LEGAL EDUCATION IN UGANDA.

The Uganda Constitution under Article 30 provides that, “all persons have a right
to education.”

The Universities and Other Tertiary Institutions Act;

Section 5(d) of the Universities and Other Tertiary Institutions Act empowers
the National Council for Higher Education to recieve, consider and process
applications for the; (a)Establishment and accreditation of private tertiary
institutions, and (b) Accredit academic and professional programs of these
institutions in consultation with professional associations. Thus in the case of
Asiimwe Alex Byaruhanga and others v. Law Development Center and Anor
(Misc. Cause No. 267 of 2017), were one of the issues was, ‘Whether it is the UAOTI

Act or the Advocates Act which regulates under graduate law programs in
Universities in Uganda.’ The court held that it is the UAOTI Act which regulates
under graduate law programs in Uganda and not the Advocates Act.
The UAOTI Act also provides for the accreditation of law universities in Uganda
through the National Council of Higher Education.
“Accreditation” is defined under Section 2 of the Universities and Other
Tertiary Institutions Act to mean, “Public acceptance and confirmation
evidenced by the grant of a charter that a university meets requirements and
standards of academic excellence set by National Council.”

The process for accrediting Universities is provided for under the Universities and
Other Tertiary Institutions(Institution Standards) Regulations(2005).
 22

Thus in the case of Asiimwe Alex Byaruhanga and others v. LDC and Anor, Lady
Justice Wolayo stated at page 14 that,
“The Universities and Other Tertiary Institutions(Institutional
Standards) Regulations, gives the procedure for accrediting a
university…… They prescribe the standards and requirements that
must be complied with by institutions under the Act. These include
library buildings and services, curriculum and programs, physical
facilities, among others. It is after an institution meets these
standards that it is issued with a license or Charter to operate. The
charter becomes evidence that the institution meets standards set
by NCHE.”
Any university which is not accredited by the National Council of Higher
Education(NCHE), and approved by the Committee on Legal Education can not
teach law in Uganda. Thus in Asiimwe Alex Byaruhanga and others v. LDC and
anor, one of the issues was, ‘Whether Gulu and Cavendish Universities were
authorized to teach law.’ The court held that, the law programs offered by Gulu
University and Cavendish University were accredited by the NCHE and approved by
the Committee on legal education and therefore these universities are authorized
to teach law in Uganda.

Advocates Act;
Legal Education is also recognized by the Advocates Act.
Section 3(a) of Advocates Act provides that, “the law council shall exercise
general supervision and control over professional legal education.” Under Section
39(b) of the Advocates Act, the Law Council is given powers to approve courses of
study and to provide for the conduct of qualifying examinations for any of the
purposes of the Act.
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The Advocates Act is silent on the role of the Law Council in under graduate law
programs. Pamela Kalyegira in her book ‘Liberalization of Legal Education in
Uganda’ published by Law Africa states at page 18 that;
“.….although the Advocates Act did not specifically spell out the role of Law
Council in all legal education in Uganda, the consensus was that it had a final say
for both under graduate and professional legal education.”

Law Development Center Act;

Section 3(1)(a) of the Law Development Center Act provides that, “the center
shall have functions of organizing and conducting courses of acquisition of legal
knowledge, professional skills and experience by person intending to practice as
attorneys….”

THE ROLE PLAYED BY LEGAL EDUCATION IN UGANDA;

Legal education in Uganda has greatly resulted into positive returns as seen below;
a) Legal education has enabled law students and those in the legal profession to
know how legal rules and principles have developed, the reason under lying
them and the nexus between legal and social history.
b) Legal education has enabled law students and legal personalities to extract the
principles underlying the existing legal rules and to point the right road for
future development.
c) Legal education provides students with the operative legal rules, both
substantive and procedural.
d) Legal education provides students with adequate experience to apply the laws
and rules. For example, the Law development center offers a diploma in legal
practice to teach students how legal principles are practically applied.
e) Legal education equips students with sufficient knowledge of the historical and
sociological background of the country’s legal system.
 24

f) Legal education also provides the students with some knowledge of the other
legal systems of the world so that the students do not find themselves at a
complete loss when it comes to adopting a comparative approach.
g) Legal education can also be credited for boosting the development of the legal
sector through broad legal research which has aided the development of new
legal rules which fit within the changing society.
h) Legal education is also a source of employment for those who choose to teach
law, legal researchers e.t.c

CHALLENGES FACING LEGAL EDUCATION IN UGANDA.

a. Non accreditation of universities to teach law which deliberately go on to teach
law illegally.
b. The expenses of maintaining universities as well as the LDC, has led to
admissions beyond the capacity of these institutions, thereby endangering
quality of the product.
c. Fraud and forgery within the legal education system. Many students and those
in the legal profession attempt to forge academic documents and this is a great
danger to the development of legal education. See Justice Kalinda v. AG
d. The high level of competition between law schools in Uganda. Today many
universities which teach law compete about who teaches the program best than
the other.
e. The inability to access the necessary legal materials to help legal scholars and
law students to carryout legal education smoothly. For example, some law
schools lack the relevant law books and law reports, the Uganda online law
library is also very expensive in terms of subscription e.t.c
f. There has also been a concern on the mushrooming of private universities which
offer law degrees. There has been talk of low standards of teaching and
preparation of law graduates.
 25

g. The instabilities within some law universities in Uganda is also a problem to the
development of legal education. Different universities experience students or
lecturers strikes which sometimes lead to a stand-off in the process of
delivering services for legal education.
h. The high fees charged by some law institutions also tend to be a disadvantage to
the development of legal education simply because some students may not be
able to sustain such expenses and as a result, some drop out.
i. The existence of outdated curriculum and syllabus. The current curriculum in
law schools has been excoriated for not including subjects which are essential
in the current context for lawyers. Law schools are facing a perplexing variety
of competing demands for the reformation of the current curriculum.
j. The nature of examination assessment. The real benefit from any curriculum
can be produced only if the knowledge is tested in an objective scenario. The
examination system in law schools must be stringent and eliminate
malpractices. The nature of questions must be analytical in such a way that it
makes the students produce the application of law rather than the reproduction
of law and cases that are already in textbooks.
k. Lack of a practical approach towards law in some law schools in Uganda. The
syllabus of most of the colleges are based on theory and hence the students find
it dis-interesting and boring. One cannot expect the students to excel in later
stages when they have been taught this way that meagerly stimulate their
interest.
l. Inability to provide students with international programs and experience. Some
Ugandan law schools and universities fail to send the students to universities
abroad which organize summer programs which would enhance the student’s
skills and help them in the future. Law schools must make necessary amenities
to send the students to such abroad programs which are offered by many
foreign countries.
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POSSIBLE RECOMMENDATIONS: HOW CAN THE CHALLENGES FACING THE

DEVELOPMENT OF LEGAL EDUCATION IN UGANDA BE ADRESSED?

1. Regular notification of accredited legal institutions. Since legal education is a

developing area, regular notification through the media will be a worthy start.
In Pius Nuwagaba v. LDC, Justice Okum Wengi stated that, “……what is
important is that the Law Council must be consulted during the process of
accrediting a university to teach law.” Also in Asiimwe Alex and others v. LDC,
it was stated that, “…the National Council of Higher Education and the
Committee on Legal Education are obliged by law to work together before
accreditation of a university to teach law.”
2. Partnership with fellow universities within and outside of Africa. By this,
students may attend exchange programs, and obtain exposure of new legal
knowledge.
3. Upgrading the terms of technology and library stocks. This is to enable to
avail students with adequate learning resources such as well stocked libraries,
electronic information retrieval databases, information and communications
technology and computer.
4. Legal education should encourage the students of law to enrich their
knowledge in economics, political science, sociology and if possible
psychology. Knowledge of all allied social sciences in necessary to understand
the whole complex of social structures, values, institutions and processes.
5. Teaching must focus on building up the skills of analysis, language, drafting
and argument in law students.
6. Encouragement of moot court competitions to enable students learn the mode
of practice of law in courts of law.
 27

7. Assessment of law lecturers in different universities by the Law Council

together with the NCHE.

LEGAL RESEARCH
This is the way how lawyers and legal scholars look for information on matters
regarding law.
Glanville Williams asserts that, “Lawyers do not know much more law than other
people but they know better where to find it.”
Legal research is therefore the process of identifying and retrieving information
necessary to support legal decisions.

Importance of Legal Research:

i. Collection of authoritative material may be relevant to solve a legal problem.
ii. Helps one who consecutively carries it out to master it which is important to
every lawyer so as to know where to find the law.
iii. Helps to acquire knowledge for a certain topic.
iv. Helps advocates to effectively prepare for their cases.
v. Foundation for a good legal advise.

Steps taken in carrying out legal research:

1. Purpose of Legal Research; One should establish the reason for carrying out
legal research.
2. Identifying the sources of law; i.e case law or statutory law, ICT e.t.c.
3. Knowledge about the facts.
4. Analyzing the facts so as to determine the issues.
5. Legal problems to be determined; these arise from the facts and facts analysis
and once established, a researcher can solve them.
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6. Technique of note taking; i.e finding the law applicable.

7. Citation; This refers to the process of referencing to any legal source as
authority for the conclusion of law cited in the text.
i. How to cite statutes;
One should show the Section, subsection, name of statute and chapter of the
statute. Section 15 of the Interpretation Act provides that any statutory
instrument may be cited by reference to it’s short title or by reference to
the number of the notice in the gazette.
ii. How to cite a text book;
Author Names---Book name---Year of publication---Edition-Page.

iii. How to cite a Newspaper article;

Name of Newspaper---Date---Name of Article---Author---Page.

iv. How to cite a Journal Article;

Author---Title---Journal Title Abbreviation---Initial page number---Year of
publication.

v. How to cite electronic case law;

Case name---Name of database---Court---Document number.

vi. How to cite internet sources;

Author or owner of website---Title---Pinpoint reference---URL---Date
material was retrieved.
vii. References and Bibliography: It is important to acknowledge all the
sources as either references of bibliography.
 29

SOURCES OF LEGAL RESEARCH

The sources of legal research are basically categorized under Primary and
Secondary sources.
Primary sources include; Statutes and case law.
Secondary sources include; Textbooks, Journals, E-resources, Newspapers e.t.c

PRIMARY SOURCES;
Case law
Laws in case materials are highly relevant in legal research because Uganda follows
the Common law legal system. Section 14(3) of the Judicature Act provides for
the application of common law and the doctrines of equity in Uganda. Therefore, it
is important for a legal researcher to find decided cases in order to back up his/her
legal research.

Where can one find case law?

Case law can be got from various reports or volumes of books such as;
a. Weekly Law Reports
b. All England Law Reports
c. Law Times Reports
d. Law Journal Reports
e. East African Law Reports.

How to cite a case:

Tom Ojienda and Katarina Juma in their book ‘Exodus of Law’ define a “Citation”
as, a reference to a specific legal source such as a constitution, statute, reported
case e.t.c.
Case name---Year---Report Volume---Reporter---Abbreviation---Page Number.
 30

Components of case law;

a) Name of the case; Find the name of the parties.
b) Citation of the case; Shows case number and year.
c) Date of decision; Date court made the decision.
d) Catch words or key words in a case.
e) Head Notes; summary of court decisions.
f) Advocates who represented.
g) Marginal letter; these are used for purposes of checking reference.
h) Decision of court.
i) Order of court.

Statutes
Legal researchers can do their research basing on statutes. There are various ways
this can be done;
i. Chapter name; It is important to show the name and chapter of the statute.
ii. Short title; defines the Act.
iii. Commencement date; Date the statute came into force.
iv. Long title; Indicates the purpose of the statute.
v. Arrangement of section; Table or summary of sections.
vi. Marginal notes.
vii.Schedule; attached at the end of the statute.

SECONDARY SOURCES
Dissertations: Research papers made by students who are completing. i.e degree,
masters e.t.c.

Textbooks: Authoritative books also help in legal research.

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Internet Sources: These are the modern forms of legal research. However, some
factors have to be considered when using internet sources;
I. Authority should be analyzed.
II. Information from internet must be accurate.
III. Stability of website i.e Is it owned by an individual or an institution?
IV. Whether the current information is the one posted.
So among the internet databases used include; ULII, SAFLI, BALI e.t.c.
Justice Odoki in the case of Paul Kawanga Ssemwogerere v. Attorney General
stated that, “….with modern electronic systems of legal research, relevant
knowledge and skill is essential in order to achieve successful results.”

Customs: The rules and rights of customs can be relied on in legal research since
form customary law. Section 15 of the Judicature Act provides for customary law
to be observed by the High Court provided it is not repugnant to any laws and
principles of natural justice.

Law dictionaries: These give different meanings to legal words and they are useful
in legal research. E.g Osborn’s Concise Law Dictionary, Black’s Law Dictionary
e.t.c.

Journals: These are academic documents on several subjects of law and they can
also be used as sources of information during the process of legal research.

CHALLENGES FACED WHEN CARRYING OUT LEGAL RESEARCH

1. Legal research is expensive. Some legal research materials are expensive i.e
law books, subscription charges to online case data bases e.t.c
2. Law sources are scarce.
3. Various statutes get amended thus making research work vague.
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4. Legal Research consumes time, i.e preparing dissertations take months.

5. Plagiarism.

ICT AND LEGAL RESEARCH.

Sources of ICT legal research:
a) Social media. Different social media platforms can be used as means of
collecting legal knowledge. For example, the face book page called “Barefoot
Law” has greatly helped lay people and lawyers in matters concerning legal
information.
b) Legal Websites. E.g JUSTOR, JUSTIA e.t.c
c) Legal data bases. E.g ULII, SAFLII e.t.c
d) Legal blogs. For example, Nish’s law
e) E-books
f) Audio books
g) Phone applications. E.g there are UG constitution apps e.t.c

Benefits of using ICT in Legal Research;

1) It eases research.
2) It is fast.
3) ICT offers a wide variety of legal information.
4) On internet, less popular legal ideas are given.
5) ICT offers up to date legal information(Latest legal information)
6) Can be interactive. i.e some social media platforms like Barefoot law on face
book enables people to interact with each other about legal issues.

Limitations of ICT in legal research;

1. Risk of error and inaccuracy. For example the case of Hesse v. Senyonga which
was reported online had errors in the text.
 33

2. Crowd sourced websites like wikipedia

3. Unauthorized authors.
4. ICT legal research is expensive.
5. Link rot. i.e in case a legal website goes down, it may not easily be accessed.
6. Opportunistic editing.
7. Legitimization of the internet in general.
8. Ethical considerations.

EXAMPLES OF ICT USE IN LEGAL RESEARCH IN UGANDAN COURTS.

In Kwizera Eddie v. Attorney General, Justice Lillian Tibatemwa cited the online
‘Duhaime’s law Dictionary’ for the phrase “costs follow the event”.

In Mifumi (U) Ltd v. Attorney General, the court cited wikipedia for the definition
of “bride price.”

In Mugarura v. Attorney General, the court cited wikipedia for the definition of
“moral character and integrity.”

In Oyoo Francis v. Olanya, Justice Stephan Mubiru cited wikipedia when directing
the court to an online article called ‘Lords Resistance Army Insurgency.’

In Arim Felix v. Stanbic Bank, Justice Lillian Tibatemwa cited wikipedia for the
meaning of “An entry into a suspense account may be a debit or a credit.”

Justice Odoki in the case of Paul Kawanga Ssemwogerere v. Attorney General

stated that, “….with modern electronic systems of legal research, relevant
knowledge and skill is essential in order to achieve successful results.”
 34

PLAGIARISM
Definition: This is the process of using someone else’s work without permission or
using someone else’s work without acknowledging the author. This is the use of
materials from unacknowledged sources or direct quotation of materials from
documented reference without acknowledging that the words have been taken
verbatim from those references. According to the Webster’s Dictionary, a
‘plagiarist’ is defined as “One who plagiarizes, or purloins the words, writings, or
ideas of another, and passes them off as his own; a literary thief.”

CAUSES OF PLAGIARISM.
i. Doing last minute work.
ii. Resubmitting the work which is already evaluated.
iii. Copying from a fellow student.
iv. Not acknowledging sources.
v. Using misleading reference.

PENALTY FOR PRACTICING PLAGIARISM.

a. Results into getting a zero.
b. Results into reduction in the grade.
c. Results into re-writing the work.

HOW TO AVOID PLAGIARISM.

a) Acknowledging sources.
b) Seek for advise were unsure.
c) Having a bibliography.
d) Try to formulate your own words.
e) Try to come up with your own ideas.
 35

HOW AND WHY IS LEGAL WRITING DIFFERENT FROM OTHER WRITING.

1) Use of authorities; Legal writing places heavy reliance on authorities. Writers
back up their assertions and statements with citations of authority unlike other
forms of writing.
2) Use of technical terminologies; and these are specialized words and phrases
unique to law i.e Archaic vocabulary which was used in the medieval period.
3) The formality of legal writing is highly different from other writing. This
formality can take the form of long sentences, complex constructions, archaic
and hyper-formal vocabulary.
4) The use of Latin phrases and maxims.
5) The scope of research for legal writing is wide. Under legal writing the writer
may need to read so many documents, i.e cases, statutes, articles, journals
e.t.c, unlike other forms of writing.
6) Directed to a section of audience. Legal writing is basically practiced by
lawyers, law students and judges. This implies that it is only this section of
people who may understand legal text.
7) Involves the analysis of fact patterns and presentation of arguments in
documents such as legal memoranda and briefs.
8) Plagiarism is a great offence under legal writing.

BASIC TERMS USED IN LEGAL RESEARCH AND WRITING.

i. Bibliography- Contains all the sources you have read but not cited within your
text.
ii. Reference List- Contains all the items you have referred to directly and cited
within your text.
iii. Preface- This is an introduction to a book, typically stating it’s subject, scope
or aims.
 36

iv. Abstract- This is a brief summary of a research article, thesis, review,

conference proceeding, or any in depth analysis of a particular subject and is
often used to help the reader quickly ascertain the paper’s purpose.
v. Thesis- This is a short statement usually one sentence, that summarizes the
main point or claim of an essay explained in the text by means of examples and
evidence.
vi. Dissertation- This is a long essay on a particular subject, especially one written
for a university degree or diploma.
vii.Table of contents- This is a list, usually found on a page before the start of a
written work, of it’s chapter or section, titles or brief description with their
commencing page numbers.
viii. Index- This an alphabetical list of names, subjects e.t.c with reference to
the pages on which they are mentioned.
ix. Foreword- This is a short introduction of a book, typically by a person other
than the author. This is an introductory essay by a different person that
precedes an author’s preface.
 37

LEGAL REASONING
Legal Reasoning refers to a process of legally thinking about a legal problem and
then make particular arguments based on the law to persuade the court.
William Walker Atkinson in his book ‘The Art of Logical Thinking’ defines
“Reasoning” as, the act, process or art of exercising the faculty of reason; the act
or faculty of employing reason in argument; argumentation, ratiocination;
reasoning power; disputation and argumentation.
There are principles of legal reasoning and these include;
a) Issues: Lawyers must formulate issues relating to the law.
b) Facts: The facts to be considered must be “material facts”.
c) Rules: Lawyers must state the right law the same way it is provided for under a
statute; lawyers must cite the right law.
d) Analysis: After identifying the material facts, lawyers must connect the
material facts with the law.
e) Conclusions: Lawyers must make conclusions after carrying careful
observations and investigations of the matter.

Legal reasoning in entirely based on three major aspects;

1. Reasoning by Analogy
2. Judicial Discretion.
3. Linguistic reasoning
4. Empirical reasoning
LINGUISTIC REASONING;
Under linguistic reasoning, arguments are supposed to be made basing on the law.
This means that lawyers have to base their arguments on the wording of the
provisions of a statute. Lawyers must apply the legal provisions the way they are
provided for under a given statute, so that they make arguments which are within
 38

the “confines of the law.” Thus in the case of Theodore Ssekikubo and others v.
Attorney General, the constitutional court was faced with the interpretation of
the word “leave” under Article 127(1)(g) of the constitution. The court interpreted
the word ‘leave’ to mean ‘go way, stop leaving in, and stop working for.’ However,
on appeal to the Supreme court, the court faulted to follow the constitutional
court’s definition of the word ‘leave’. The court stated that;
“We think that majority of the justices of the constitutional court
must have in law taken the word ‘leave’ out of the context it was
used in Article 127(1)(g), and try to interpret it in isolation of the
rest of the words used in Article 127(1)(g).”
It is important to note that, linguistic reasoning is entirely based on applying the
rules or legal provisions the way they are provided for under a given statute. Thus
in Attorney General v. Major general David Tinyefunza, Justice Kanyeihamba
stated that;
“I have found it necessary to reproduce Article 137 of the constitution
in a whole and refer to the Judicature statute, rules and directives
because of the tendency of the legal profession amongst lawyers to
select one or two provisions or sections of a law or clauses of the
constitution and then reach to legal conclusions upon them…..which
is not in anyway productive.”

JUDICIAL DISCRETION;
This requires the knowledge of the law, and then applying such knowledge to the
facts of a case in order to arrive legal conclusions. Lawyers must identify the
problem giving rise to a case so that they are in position to identify the laws
applicable. Lawyers then have to evaluate the problem basing on the evidence
available and then arrive to conclusions after careful observation and investigation.
Thus in Sam Kuteesa and others v. Attorney General, it was stated that;
 39

Also in R v. Board of Education, the court was the view that, “ the courts act
according to the rules of reason, justice and law within the limits of legislation.
Judicial discretion is not a private opinion, humor,…vague or fanciful
considerations.”
It is important to note that, lawyers must understand the legal problem very well
before making conclusions so that they do not arrive at wrong conclusions. For
example, in Ssekikubo and others v. Attorney General, the constitutional court
arrived at a wrong conclusion when the Justices interpreted the word “leave” to
mean ‘to go away, stop living in and, stop working for’. The Supreme court held
that the constitutional court faulted in it’s reasoning while interpreting the word
‘leave’.
Legal reasoning must be based on the law and not on religious or biblical rules.
Thus in Julius Lwabinumi v. Hope Bahimbisomwe, the Supreme court stated that,

REASONING BY ANALOGY;
Here arguments are made basing on the fact that, a case should be handled in a
similar way another case with similar facts and ratio was handled by court.
 40

“If case (A) was decided in a certain way, and the facts and ratio of case (A) are
similar with the facts of case (B) at hand, case (B) has to be decided the same way
case (A) was decided by court.”
In Amama Mbabazi v. Yoweri Kaguta Museveni and another(Presidential
Election petition No.1 of 2016), it was observed by court that the facts and issues
of Amama Mbabazi’s case were practically the same as the facts and issues in the
previous case of Dr Kiiza Besigye v. Yoweri Museveni and anor(Presidential
Election Petition No.1 of 2006), were the court held that although there were
irregularities in the electoral process, such irregularities could not substantially
render the elections null and void. Therefore, the court in Amama Mbabazi’s case
followed the reasoning in Dr Kiiza Besigye’s case and it held that, even though
there were irregularities in the electoral process, such irregularities could not
substantially render the elections null and void. (It is clear that the court in
Amama’s case reasoned by analogy when it followed the decision in Besigye’s
case).

EMPERICAL REASONING;
Here arguments are made basing on the evidence at hand while arriving at legal
conclusions. A lawyer must base his/her legal arguments on the available evidence
so that he or she makes a valid legal argument. Section 4 of the Evidence Act
emphasizes that, evidence may be given in any suit or proceeding on the existence
or non-existence of every fact. This can be illustrated basing on criminal cases. For
example, in Uganda v. Kyamusungu, the court relied on the evidence presented
by the prosecution that the eye witnesses saw the accused raping the victim. The
court thus relied on such evidence to convict the accused of rape.
 41

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