Uganda Christian University

School of Law
BACHELOR OF LAWS (LLB)
YEAR OF STUDY: II

ACADEMIC YEAR: 2025, TRINITY SEMESTER

COURSE TITLE: LEGAL METHODS

COURSE OUTLINE AND READING LIST1

Instructors:

Dr. Susan Nakanwagi (Kampala) [email protected]

Ms. Kyalimpa Judy, Lecturer Stream A and D, Main Campus

Ms. Mary Flavia Nakamatte, Stream C and B Main Campus

Lecturers:

Tutors: Mr. Ivan Twongyeirwe, Tutor, Stream B & C Kampala

Mr. Samuel Odiye, Tutor, Stream C and D, Main Campus

Contact Hours: Lectures will be conducted twice a week for 2 hours. Tutorials will be
conducted once a week for 2 hours. The total contact hours shall be six hours per week.
Tutorials shall be conducted in two groups for easy management of the course.

Module content.
1
This Course Outline was downloaded from the School of Law website. It has been modified to suit the needs of
the lecturer and tutor. It will be updated from time to time as new and current reading materials and cases are
identified.

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The module topics will include the following:

 Legal research;
 Legal writing;
 Legal Language;
 Characteristics of Legal Language
 Meaning and Sources of Law
 Classification of Law
 Precedents and legal reasoning;
 Interpretation of documents and statutes;
 The Legal Profession;
 Legal Education and Social Change;
 Access to Justice;
 Customary law;
 Law Reform;
 The courts and the court system;
 The Legal Systems of the world
 Preparing for and writing Law Examinations

Purpose of the module.

The module equips students with skills of legal research, critique, legal reasoning and
construction of documents. It also introduces the student to the basics of statutory interpretation
and to the different legal systems. Further the module introduces students to the legal profession
in Uganda and the ethical standards required of the legal practitioners in Uganda.

Learning outcomes.

By the end of this module students should be able to:-

1. competently engage in legal research and write legal opinions;

2. Interpret statutes and apply legal provisions to hypothetical facts provided;
3. analyse cases, identify the ratio decidendi and apply it to factual situations;
4. describe the sources of law and the different legal systems;
5. discuss the role of the bar, the bench and legal education in the legal system;
6. Outline the professional ethics that govern the players, and particularly advocates, in the
exercise of their duties as legal practitioners in Uganda;
7. Interpret statutes and apply legal provisions to hypothetical facts provided.
8. Analyse cases, identify the ratio decidendi and apply it to factual situations.
9. Describe the sources of law and the different legal systems.
10. Describe the structure of the Uganda legal system and the hierarchy of

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 courts, and have a basic understanding of how this compares with other selected
jurisdictions.
11. Understand and be able to distinguish cases and precedents.

Assessment methods

Students will be required to complete a course work assignment and sit coursework. The course
work shall account for 30% of the total mark for the module (with 5% for class attendance and
5% for participation). The examination will account for 70% of the total mark for the module.
The final exam at the end of the semester will be closed book and will consist of 7 (seven)
questions out of which a candidate will be required to answer three (3).

NB: Note that this list is not in any way exhaustive of the sources and materials for legal
methods. Other materials may be referred to in the course of the study and students are
also encouraged to do further reading on their own.

Books

Holland, J. & Webb, J. 2006. Learning Legal Rules (6th ed.) 2006, Oxford University Press.
Fox, M. & Bell, C. 1999. Learning Legal Skills (3rd ed.) Blackstone Press.
Adams, J. & Brownsword, R. 2003. Understanding Law (3rd ed.). Sweet and Maxwell.
Mansell, W. et al. 2004. A Critical Introduction to Law (3rd ed.) Cavendish.
Stychin, C. & Mulcahy, L.2003. Legal Method: Text and Materials (3rd Ed) Sweet and
Maxwell.
Clinch, P. 2001.Using a Law Library: A Students Guide to Legal Research Skills (2nd ed.).
Blackstone

Rozenberg, J. 1994. The Search for Justice: An Anatomy of the Law. Hodder & Stoughton

Byamugisha, J. 1969. “The Problem of Imported Laws”. In Ouma, J. Communications in East

Africa.

TOPIC 1 – LEGAL METHOD:

Introduction:

 A Brief introduction to the Legal System of Uganda given that this has been covered
under Introducing Law;

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  Definition, aims, and objectives of legal method;

 Meaning, features, function, and theories of law,

 Nature and function of law in society;

See, thelawlane> https://www.thelawlane.com/legal-method/<

See also James Penner and Emmanuel

Melissaris, McCoubrey and White’s Textbook on Jurisprudence 5th Edition, June 2014,
Oxford University Press.

See, also George W.K.L. Kasozi, The Law and Globalisation: An African Perspective.
UCU Research Bulletin 2009 Vol. 4 No. 1, February 2010. This paper is based on a
presentation to the Philosophy Day Celebration, organised by The Department of
Philosophy, Faculty of Arts, Makerere University, 18 December 2004.

George W.K.L. Kasozi, Introduction to the Law of Lesotho: A Basic Text on Law and
Judicial Conduct and Practice, published by the Lesotho Ministry of Justice, Human
Rights and Rehabilitation, November, 1999, Vol. 1, Printed by Morija Printing Works,
Morija, Lesotho. ISBN 99911 – 634 – 0 – 9.

 Legal research, legal writing

What is Legal research?

Legal Research is the process you use to identify and find the law, including statutes, regulations
and court opinions that apply to the facts of a case. Most times the purpose of legal research is to
find support for a specific legal issue on a decision.

See, >http://legal.thomsonreuters.com.

See also, How to do legal research in 3 steps>

https://legal.thomsonreuters.com/en/insights/articles/basics-of-legal-research-steps-to-follow<

When you are to research on a given statute it is advisable to look at the PARLIAMENTARY
HANDSARDS to see the record which will reveal the intention of the legislators.

What is legal writing?

4
What is legal research?

Skills relevant to legal research

Identifying sources of legal research

Use of copyrighted material

See, >https://legal.thomsonreuters.com<

Reading Materials

─ Legal Method >https://www.thelawlane.com/legal-method/<

─ Makubuya, Cap. 12, 13
─ G. Williams, Cap.12
─ Where To Look For Your Law, 14th Ed 1962
─ R.N. Corrington and Others, Cases And Materials For A Course On Legal Methods 1969
Caps, 10-15
─ M.O. Price/H. Bitner, Effective Legal Research 1969
─ J.H. Farrah, Introduction To Legal Method 1977 Appendices 1,2 &3
─ I Am R. Macneil, Research in East Africa Law, 3 East Africa Law Journal 47 1967
Reproduced In W.B. Harvey, Appendix
─ F.M. Ssekandi, Applied Legal Research In East Africa. 2 No.1 Uganda Law Focus
March, 1974 4-12
─ B.A . Wortley, Some Reflections On Legal Research After Thirty Years, 8j.S. P.T.L 249-
260 1964-65
─ R.O. Sullivan, On Law Reporting 4 M.L.R.104-110 1940
─ Nancy E. Iacobacci, Legal Research And Writing: A Proposed Programme, 19 University
Of Toronto Law Journal 401-420
─ C.S. Goldman, The Use Of Learned Treatises In Canadian and United States Litigation.
24 University Of Toronto Law Journal 423-452.
─ W.C. Bollad, Some Notes On Year Books and Plea Rolls. 43 L.Q.R 60-73 1926
─ C. Kelly, What An Old Reporter Told Me, -43 L.Q.R
─ Rolland Burrows. Law Reporting, 58 L.Q.R 96-106 1942
─ R.E. Megarry, Reporting The Unreported, 70 L L.Q.R 246-252 1954
─ E.W. Levs, A Layer’s Library In 1500, 85 L.Q.R 1040116 1969
─ Simpson, The Source and Function Of The Late Year Books 87 L.Q.R 94-118
─ S. Namasirayan, The Drafting of Legislation 1967
─ Allison Russell, Legislative Drafting and Forms 1938
─ E.L.Piesse/J.G.Smith, The Elements Of Draftin 1965
─ Mr. Justice Fuad, Notes For Lectures On Legislative Drafting LDC. Kampala, 1968
─ V.C.R.A.C Crabbe, Legislative Drafting 1996 4th Ed
─ G.C. Thomton, Legislative Drafting 4th Ed.

5
 ─ Anthony Radesky, Drafting Pleadings 1995 2nd Ed.
─ R.N. Ramage, Kelly’s Draftsman) 1973 13th Ed.
─ Constitution of The Republic of Uganda (1995)
─ The Deportation Validation Act, 1966. Act No.14 Of 1966 (U)
─ S.K.Hiranandani, Legislative Drafting: An Indian View 27 M.L.R 1-8 1964
─ F Pringshein, The Character of Justinian’s Legislation 55 L.Q.R 229-249 1939
─ Dr. K.H Beyeyrs Tasks of Socialist Legislation, 4 No. 3 Eastern Africa Law Reviews
231-246. December 1971
─ Common Wealth Secretariat, Legislative Drafting, Manual And Bibliography London,
1978
 Legal Writing

What is legal research and how does it differ from other types of writing

The importance of legal wring

Presentation of work in assignments and examinations (problem and essay questions, hierarchy
of sources of law and other materials)

Use of abbreviations, citation of cases, footnotes, and bibliography

Legal writing contrasted with legislative drafting.

Material

─ Makubuya, Cap. 14

─ Christies, Legal Writing and Research Manual (Butterworth, 1970)

─ Kelly’s Draftsman, 13th Ed. By R. W. Ramage, (Butterworths, 1964)
─ Encyclopedia of Forms and Precedent Butterworths, 1964

─ Weinhofen, Legal Writing Style West Publishing Co. St. Paul. Minnesota, USA. 1961
─ W.T. Fryer and H.I. Orentlicher, Cases and Materials On Legal Methods And
─ Legal System West Publishing Co. St. Paul, Minnesota, Usa 1967 Cap.8
─ W.R. Bashin/Cd. Stone, Law Language And Ethics The Foundation Press, Inc.
Minnesota, N.Y. 1972
─ E.D. Re, Brief Writing And Oral Argument Oceana Publications, Inc. Dobbs Ferry N.Y.
1965
─ Jerry G. Jones, Five Fast Thoughts About Drafting Legislation, in The RELACS
Report>https://www.ncsl.org/legislators-staff/legislative-staff/research-editorial-legal-
and-committee-staff/the-relacs-report/2018/02/15/five-fast-thoughts-about-drafting-
legislation.aspx<

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Legal Language

─ Reema William Mascarenhas, University of Mumbai, India

>https://blog.ipleaders.in/need-know-legal-language-legal-writing/<
─ See, Mary Jane Morrison, Excursion into the nature of legal language: Cleveland State
Law Review, Article – Vol. 37, Issue 2, 1989. She discusses the following aspects of
legal writing: Local and Global features of the language; Three views of technical
language; and the language of the
law.>https://engagedscholarship.csuohio.edu/cgi/viewcontent.cgi?
article=1853&context=clevstlrev&httpsredir=1&referer=<
─ See, Charrow, Veda R, Crandall Jo Ann,
>https://files.eric.ed.gov/fulltext/ED169758.pdfLegal Langauge<

Characteristics of Legal Language

Use of words and maxims; list of Latin and French words, synonyms; use of archaic words;
circumlocution (talking around); punctuation; use of modifiers; reciprocal words; phrasal verbs;
ordinary words with special meanings; sentence length; nominalization; impersonal style;
capitalization; doublets and triplets. See, >https://old.amu.ac.in/emp/studym/100001348.pdf<

TOPIC 2- PRECEDENTS

The doctrine of precedent (stare decisis)

Ratio decidendi

Obiter dictum

Res judicata

Meaning of Precedent

According to Cambridge dictionary the term precedent means an action, situation or decision that
has already happened and can be used as a reason why a similar action or decision should be
performed or made. It also means a decision about a particular legal case that makes it likely that
other similar cases will be decided in the same way.

See Cambridge law Dictionary>https://dictionary.cambridge.org/dictionary/english/precedent<

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According to the Legal Information Institute, precedent refers to a court decision that is
considered as an authority for deciding subsequent cases involving identical or similar facts or
similar issues.

Precedent is invoked into the doctrine of Stare Decisis – Courts are required to apply the law in
the same manner to cases with the same facts. Some judges have opined that precedent ensures
that individuals in similar situations are treated alike instead of based on a particular judge’s
personal views.

Please note that for precedent to stand as an authority for the next like case, questions that merely
lurked on the record or those that were never brought to the attention of the court, nor ruled upon
can never constitute a precedent for the next case. See
>https://www.law.cornell.edu/wex/precedentnts<

This is also discussed in the US Supreme court case of Cooper Industries Inc., v. Aviall Services
Inc.

Regarding the doctrine of precedent

See, Law Teacher > https://www.lawteacher.net/free-law-essays/constitutional-law/doctrine-of-

precedent-in-english-legal-system-constitutional-law-essay.php<

Types of Precedents

 Original Precedents

 Binding Precedents

 Persuasive Precedents

Avoiding Precedents (When judges will not apply precedents)

 Distinguishing

 Reversing

 Judicial Discretion

 LEGAL REASONING

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What does Regal Reasoning mean? Types of Legal Reasoning?

Books.

1. Makubuya, Cap 9
2. Williams, Cap 6
3. Lloyd, The Idea of Law (1981) Cap 11
4. Cross. Precedent in English law (1976)
5. W. Paton, A Textbook of Jurisprudence (1964) Cap 8
6. K. Allen, Law in the Making (1964) Caps. 3 and 4.
7. B Simpson, the ratio decidendi of a case and the doctrine of binding precedent, in AG
Guest Oxford Essays in Jurisprudence. First series (1966).
Dias, Jurisprudence (1976) part 7

1. N. Cardozo, The Nature of The Law (1924)

2. H. Farrah, Introduction of Legal Method (1977) Caps 5,7,10 & appendix 3.
3. A. Wasserstrom, The Judicial Decision (1961
Karl Llewllyn:-

The Bramble Bush (1951)

The Common Law Tradition (1960)

1. Twining, Karl Llewellyn and the Realist Movement.

2. Frank, Law and Modern Mine.
3. Levi, An Introduction to Legal Reasoning (1968).
4. Gottlieb,The Logic of Choice.
G.F.A. Sawyer/J.A. Hitler,The Doctrine of Precedent in the Court of Appeal for East Africa
(1971)

─ W.B. Harvey Cap 5.

─ Prof. Goodhart, Essays in Jurisprudence and the Common Law.
─ The Constitution of the Republic of Uganda art. 15 clause (5).
─ The Constitution of the Republic of Uganda 1995
─ The Civil Procedure Act Cap 71.
─ The Magistrate Courts Act Cap. 16.
─ The judicature Act Cap 13 ss. 16, 17, 18, 19, 35, 36, 38, 39 & 40.
─ The Penal Code Act Cap 128 S.3
General case law materials

─ BAKU RAPHAEL OBUDRA & ANOR V AG (SCCA No. 1 of 2005)

─ Lakhamshi Brothers Ltd v Raja & Sons (1966) E.A. 313 (C.A.)
─ Young V Bristol Aeroplane Co Ltd (1944) 2 ALLER 293 (C.A.)

9
 ─ R V Taylor (1950) ALLER 170 (C.C.A)
─ Rex V Assam Singh (193) 4 EACA 41
─ Joseph Kabui v Regina (1954) E.A.C.A 260
─ Kiriri Cotton Co Ltd v R.K. Dewani (1958) E.A 239 (C.A)
─ Dodhia v National Grindlay’s Bank Ltd (1970 E.A 195 (C.A.)
─ Practice Directions (HL) (1970) 3 ALLER 77.
─ Practice Direction (House of Lords: Preparation Of The Cases) (1971) L.R. 534.
─ Opoya V Uganda (1967) E.A. 752 (C.A.U)
─ Riziki Binti Abdulla v Sherifa Bent Mohamed Bin Hamid (1959) E.A 1035.
─ Wamala v. Sebutemba (1963) E.A 631.
─ Poole v R (1960) E.A 62. Ganda No. 127/8
─ Commissioner of Lands v Bashir (1958) E.A 4a
─ Erenesti Mayanja et al v. Uganda Unreported.
─ Blair v Curran (1939) 62 C.L.R 464 at 532.
─ Prince George Mawanda v. The Kabaka’s Government HCCC No 390/1963.
─ Kabaka v Prince George Mawanda Civil Application No 6/1964
─ Tororo Town Council v. P.M. Luande (1971) U.L.R 1.

Articles.

─ Robert Stevens, The Final Appeal: Reform of the House of Lords And Privy Council
1867, 80 L.Q.R 343 -369 (1964)
─ Cross, Stare Decisis in Contemporary England, 82 L.Q.R 203-214 (1966).
─ Cross, The Ratio Decidendi and A Plurality of Speeches in the House of Lords, 93 L.Q.R
378-385 (1977)
─ Winterton, is the House of Lords Immortal? 95 L.Q.R 386-392 (1979)
─ Mirfield, Can the House of Lords Lawfully Be Abolished? 95 L.Q.R 36-58 (1979).
─ D.M. Gordon, Effect of Reversal of a Judgment on Act Done Between Pronouncement
and Reversal: Parts I& II. 74 L.Q.R 517 (1959).
─ D.M. Gordon, Effect of Reversal of Judgment on Acts Done Between Pronouncement
and Reversal 75 L.Q.R 85-105 (1959).
─ Karlen, Appeals in England and United States; 78 L.Q.R 371-387 (1962).
─ D.P. Derham, Precedent and The Decisions of Particular Questions, 79 L.Q.R 49-62
(1963)
─ SG.W. Paton/G. Sawyer, Ratio Decidendi and Obiter Dictum in Appellate Courts.
63 L.Q.R 461-485 194
─ D.Lloyd, Reason and Logic in The Common Law, 64 L.Q.R 468-484 1948
─ J.P.Eddy, India And Privy Council: The Last Appeal 66 L.Q.R 206-215 1950
─ M.D.A Freeman, Standard of Adjudication, Judicial Law Making And Prospective
Overruling 1973 26 C.L.P 166-207.
─ Lord Edmund Davies, Judicial Activism, 1975 28 C.L.P 1-14.
─ Eckhoff, Guilding Standards in Legal Reasoning, 1976 29 C.L.P. 205-220.
─ Stig Stromholm, Guilding Standards in Legal Reasoning, 19 Scandinavian Studies In
Law 227-258 1975.

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 ─ T.Eckhoff, Feedback In Legal Reasoning And Rule Systems, 22 Scandinavian Studies In
Law 39-52 1978.
─ M.L. Friedland, Prospective and Retrospective Judicial Law Making, 24 University
Of Toronto Law Journal 170-190 1974.
─ A.N. Allot, Juridical Precedent in Africa Revisited, 1968 12 J.A.L. 3-31
─ W.Lvor Jennings, Judicial Process at its Worst, 1 M.L.R 111-131 1937.
─ H.W.R Wade, the Concept of Legal Certainty, 4 M.L.R 183-199 1940.
─ T.O.Elias, Colonial Courts and the Doctrine of Judicial Precedent, 18 M.L.R 356-370
1955
─ J.L. Montrose, the Ratio Decidendi and the House of Lords, 20 M.L.R 114-130 1957.
─ J.L. Montrose, the Ratio Decidendi of a Case, 22 M.L.R 155-160 1959.
─ A.W.B. Simpson, the Ratio Decidendi of a Case, 22 M.L.R 453-620 1959.
─ Calvert, the Validity of Case Law under a Criminal Code, 22 M.L.R 621-638 1959.
─ A.L. Goodhart, The Ratio Decidendi of A Case, 22 M.L.R 177-124 1959
─ A.W.B. Simpson, the Ratio Decidendi of a Case, 22 M.L.R 453-457 1959.
─ Julius Stone, the Ratio Decidendi, 22 M.L.R. 597-160 1959.
─ G.Dworkin, Stare Decis in the House of Lords 25 M.L.R 162-178 1962.
─ Henchy, Precedent in The Irish Supreme Court 25 M.L.R. 544-558 1962 R.
─ Stevens, the Role of the Final Court of Appeal in a Democracy: The House of Lords
Today, 28 M.L.R 509-539 1965.
─ Stevens, the Role of the Final Court of Appeal in a Democracy: The House of Lords
Today, 28 M.L.R 509-539 1965.
─ W.Friedman, Limits of Judicial Law Making and Prospective Overruling. 29 M.L.R 593-
607 1966.
─ AGL Nicol, Prospective Overruling: A New Device of English Courts? 39 M.L.R 542-
560 1976.

TOPIC 3 – CONSTRUCTION OF DOCUMENTS AND

STATUTES

 DEEDS

 Deeds or documents
 Essential parts of a deed
 Operative and non-operative parts of a deed
 The rules of interpretation of deeds

Cases

─ Athanasius Kivumbi V Hon. Emmanuel Pinto (Constitutional Petition No.5 Of 1998),

─ Re: Meredith, Ex-Parte: Chick 1897 11 Ch.D.731.

11
 ─ Hott & Co. v. Collyer 1881 16 Ch.D.718.
─ Drummond v. A.G for Ireland 1849 2 H.L.C. 863.
─ Savill Bros v. Bethel 1902 2 Ch. 533
─ Aspolin v. Austin 1844 QB 671.
─ Hare v. Horton 1833 5b & Ed 715.
─ Mathew v. Blackmore 1857 1 H & N 762.
─ Cardigan v. Armitage 1823 2 QB & C 197.
─ Glym v. Margeton 1893 Ac351.
─ Watcham v. East Africa Protectorate 1919 Ac 533 Privy Council Decision.
─ South Eastern Ry v. Associated Portland Cement Co. Ltd 1910 Ich.12.
─ Re Searle 1912 1ch 610.
─ Re Ray 1916 1 Ch. 461.
─ Berry v. St. Marylebone Corporation 1957 1 All E.R. 676.
─ Re Baden’s Deed Trusts 1969 1 All E.R 1016
─ Re Rowland.

 STATUTORY INTERPRETATION

 What is a statute?
 Types of statutes
 Identification and citation of statutes
 The anatomy of a statute
 Canons of interpretation of statutes
 Rules of interpretation of statutes

Internal aids to construction

 Preamble (AG vs. Prince Ernest Augustus of Hanover. (1957) A C 436.);

 Short Title.
 (Re Boaler (1915) 1 KB 21);
 The Long Title (Fielder vs. Morley Corporation. (1899) 1 Ch. 1: Vacher v.
London Society of Compositors. (1913) A C 107);
 Cross- Headings (DPP v. Schildkamp (1969) 3 ALL ER 1640; Britt v.
Buckinghamshire Country Council (1964) 1 A C 107; Shelly v. ICC (1949) A C
56);
 Marginal Notes (Head notes)- ( Karsan v. Bhatt (1965) EA 124; Mugo v.
Republic (1966) EA 124; Ramadan vs. Republic (1969) EA 269; Musa & Others
v. Republic (1970) EA 42);
 Punctuation (Inland Revenue Commissioners v. Hinchy (1960) 1 ALL ER 505;
Re Allsop (1960) 1 Ch. 1.);
 Ejusdem generis rule (Brownsea Nowen Properties v. Poole Corporation (1958) 1
ALL ER 205; AG v. Abdulla. (1960) EA 672;

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  Provisos (Thomson v. Dibdin (1912) EC 533.

 External aids to construction.

 Historical setting (Escoigne Properties Ltd. v. IRC. (1958) ALL ER 549; R v.

Zulueta (1843) 1 Card K. 215; Holme v. Guy. (1877) 5 Ch 901);

 Reputable dictionary (The Queen Vs. Peters (1885) 16 QBD 636.);

 Textbook Writers (Re Castioni (1891)QBD 149);

 Reports of commissions (Assam Rys & Trading Co. v. IRC (19 35) AC 445;
Eastman Photographic MC Ltd. v. Comptroller of Patents (1898) AC 571;
Katikiro of Buganda v. Attoney General of Uganda (1961) 1 WLR 119);

 Hansards (HM Edwards v. AG of Canada (1930) AC 124; Beswick v. Beswick

(1967) 2 ALL ER 197.

Presumptions.

Mens Rea (Brend v. Wood (1946) 62 TLR 462); R v. Tolson. (1890) ALL ER 26);

It is a maxim of criminal law that a guilty mind is an essential element in the commission
of a crime. But in certain legislation (particularly those dealing with statutory offences)
mens rea may be declared not to be a requirement of the commission of the offence.

Retrospective Effect (AG v. Theobald (1890) 24 QBD 557; Phillips v. Eyrre (1870) LR
6 QB 1; Jivraj v. Devraj (1968) EA 268); it is a fundamental principle of English law that
an Act is not to have a retrospective effect unless that construction appears very clearly in
the terms of the Act or arises by necessary and distinct operation.

It applies to construction of penal statutes which are construed strictly and not beyond
their clear meaning.

See article 28 no person shall be charged with a criminal offence that at the time of
commission was not an offence.

Article 92 places restriction on the passing of legislation to alter the decision or judgment
of a court as between the parties to the judgment or decision.

Differentiate between retrospective and retroactive application.

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Vested Private Rights (Marshall Vs. Black Rights (1935) AC 17; Cooper v. Wandsworth Board
of Works. (1863) 14 CBNS 180);

In West v Gwynne [1911] 2 Ch. 1 Buckley L.J stated that “There is no presumption that an Act
of Parliament is not intended to interfere with existing rights.” Acts do interfere with rights all
the time.

But where an Act is “reasonably susceptible of two meanings” then the presumption against
interference with rights applies.

Abrogation of Custom (Green v. Regina [1874-80] All ER 966);

Derogation from International Law and Comity of Nations (Phillipson-Stow v. IRC (1960) 3
All ER 1813. R v. Keyn (1876) 2 EXD 63; there is a presumption that the Parliament does not
intend to legislate against international law or its international obligations. The Act is not void
per se if it does but the international community will raise issues.

Internal Inconsistency (Vacher v. London Society of Compositors. 1913 AC 107; Re Berry

1935 All ER 826); The same word should be used to mean the same thing. Different words will
be given different meanings. Simon in Black Clawson International Ltd v Papier werke [1975]
Ch. 88 referred to as the presumption against a change in terminological usage.

Penal Statutes (Attorney General v. Till 1910 1 KB 650;

Attorney General v. Beauchamp 1969 EA 269); construed strictly.

Alteration of Existing Law (Re Cuno 1889 43 Ch. D 12; Lord Eldon v. Hedley Brothers 1935 2
KB1);

David Sajjaka Nalima vs Rebecca Musoke Civil Appeal No. 12 of 1985

Prerogative Powers (Opolot v. Attorney General [1969] EA 631);

Statutes in Pari Materia (Tim Bell v The Commissioner of Income Tax 1960 EA 224;
Adegbnro v. Akintola 1963 3 All ER 544.).

Ouster clauses.

Provisions that take away the jurisdiction of the courts will be frowned upon by the courts. A
good example is a provision such as the “The decision of the Minister shall be final and shall not

14
be called in question in any legal proceeding.” As one author said in such cases will act to disarm
parliament from disarming the courts.

Judicial control

A provision in an Act that seeks to restrict or eliminate judicial review will not find favour with
the courts. In R v. Medical Tribunal ex p. Gilmore [1957] 1 QB 574 Lord Denning stated that the
remedy of certiorari was never to be taken away by any statute except by the most explicit
words.

The supervisory role of the courts must not be constrained.

In Uganda the judicial review is guaranteed in article 42.

The Crown, the Republic

The fundamental principle is that an Act does not bind the State. It does not affect the
prerogatives and interests of the State unless there are clear words in the Act to say so.

 Rules of statutory interpretation

The general approach of the courts is that in the interpretation of an Act effect must be given to
language of the Act. As it was said in Lopez case, if the words of the Act are unambiguous and
clear, then they must be obeyed however absurd the result may be for otherwise the court would
be legislating instead of Parliament.

But sometimes Acts are not clear. So courts must find some way to give effect to the words since
words in an Act are not used in vain.

So courts have developed aids to interpretation of statutes.

1. Mischief rule. First stated in Heydon’ Case

 What was the common law before the making of the Act;
 What was the mischief and defect for which the common law did not provide a remedy;
 What remedy has Parliament resolved and appointed to cure the disease;
 What is the true reason of the remedy;

2. Literal or plain meaning rule (Natural and ordinary);

In the interpretation of an Act every word prima facie is to be construed in its primary and
natural sense unless a secondary or more limited sense is required by the subject or context.

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 3. The golden rule
George Bernard Shaw warned in Man and Superman III that the golden rule is that there are
golden rules.

Where the application of the literal or plain meaning rule leads to manifest absurdity,
inconsistency or repugnancy with the Act as a whole the grammatical sense must then be
modified extended or abridged so far as to avoid such an inconvenience but no further.

4. Purposive Approach

 `Rules of Language

1. Ejusdem generis rule

This applies where a statute contains a list of items followed by and ' other...'. The rule stipulates
that when the courts are determining what counts as 'other' , they should look at the context of the
things already mentioned in the list. Eg a statute which states it applies to lions, tigers, cheetahs,
and other animals would apply also to leopards but not to a horse. See:

Powell v Kempton Park [1897] 2 QB 242 (House of Lords) where the Betting Act 1853 made it an
offence to keep a house, office, room or other place for the purposes of betting. The House of Lords had
to decide if the statute applied to Tattersall's enclosure at Kempton Park Racecourse.
Held: The court applied the ejusdem generis rule and held that the other items mentioned in the statute
related to places indoors whereas Tattersall's enclosure was outside. There was thus no offence
committed.

2. Expressio unius est exclusio alterius

This means the express mention of one thing excludes all others. For instance, if a statute states that it
applies to lions and tigers (without stating and other) it would only apply to lions and tigers and not
leopards and cheetahs. See:
R v Inhabitants of Sedgely (1831) 2 B & Ad 65
A statute raised taxes on 'lands, houses and coalmines'. The court held that it did not apply to limestone
mines as these were not specifically mentioned nor did the statute suggest that it would apply to other
types of mines.

3. Noscitur a sociis

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This applies where there is a list of items in the statute and the item under consideration is included in the
list, but the context of the items in the list suggest that the item should not be in the list. E.g. if a statute
stated it applied to cat baskets, toy mice, flea collars and food, under this rule a loaf of bread would not be
within the remit of the statute. See:

Inland Revenue v Frere [1964] 3 All ER 796 (House of Lords)

The respondent sought to deduct the interest paid on a short-term loan from his income for the purposes
of assessing his liability to pay tax. The Income Tax Act of 1952 allowed "the amount of interest,
annuities or other annual interest" to be deducted from the income.
Held: Under the noscitur a sociis rule, the mention of amount of interest related only to annual interest as
the other items related to annual payments. The respondent's interest payment was not an annual interest
payment and therefore he could not deduct it from his income and he was required to pay tax on it.

Books

─ K.Makubuya, Cap.11.

─ Williams, Cap.7.
─ W.B. Harvey, Cap.6.
─ J.H. Farrar, Legal Method, Cap. 8 & 9.
─ R. Cross, Statutory Interpretation 1995.
─ D. Lloyd, The Idea of Law 1981 pp. 281-3.
─ Maxwell, Interpretation of Statutes 1964
─ C.K. Allen, Law in The Making 1964 Cap Vi & Vii.
─ G.W. Paton, A Textbook of Jurisprudence 3rd Ed, 1964 Cap. Ix
─ Dias, Jurisprudence 1976 Cap.7.
─ Craig on Statute Law.
─ Lord Dinning, The Discipline of Law (1979).
─ Francis Bennion, Statutory Interpretation (1995) 2nd Ed. Second Supplement
(cumulative).
─ Francis Bennion, Statutory Interpretation (1992) 2nd Ed.
─ A.G. Guet, Oxford Essays in Jurisprudence (1961).
─ The Constitution of the Republic of Uganda 1995.
─ The Interpretation Act Cap.3

Cases and other materials

─ Uganda Motors v. Wavah Holdings. SCC Appeal no. 19/91

─ Utex Industries v. AG. SCC Appeal no. 52/95
─ Prof. Syed. v. The Islamic University of Uganda. SCC Appeal 2/97.
─ Kasirye Byaruhanga & Co Advocates v. UDB SCC Appeal 2/97.

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 ─ AG v. Major General Tinyefunza SCC Appeal 1/97.
─ Alfed Olwona v.Uganda Central Co-operative Union Ltd. SCC Appeal 25/92.
─ Uganda Journalists Safety Committee v. AG Constitutional Petition No.6/97.
─ Re M/S Lukeera & Co. Advocates Misc. Cause No. 76/1973. Reported in (1978) HCB
198.
─ Pepper (Inspector of Taxes) v. Hart. [1993] 1 ALL ER 42.
─ Hunter v. Southam Inc. (1985) 11 DLR 644 (SCC).
─ Unwin v. Hanson [1891] 2 QB 115.
─ A.G Vs. Guardian No.2 [1988] 3 ALL ER 545.
─ Chandler Vs. DPP [1964] A.C 763.
─ Karia & Company Ltd. v. Dhanani (1969) EA. 392.
─ Uganda v. Otto. (1967) EA 219.
─ Republic v. Robert and another. (1967) EA 622.
─ Wicks v. DPP (1947) ALL ER 205.
─ Hearts of Oak Assurance Co. v. Attorney General (1932) ALL ER 732.
─ Seaford Court Estates Ltd. v. Asher (1949) 2 KB 481.
─ Magor & St.Mellons RDC v. Newport Corporation (1952) v AC 189.
─ Heydon’s case (1587) 3 Co. Rep 8.
─ Summer v. R.L Priestly Ltd (19f55) ALL ER 445.
─ Cartledge v. Joplin and Sons Ltd. (1963) AC 758).
─ Sutters v. Briggs (1922) AC 1.
─ Kenyon v. East Wood (1888) 57 LJQB 455.
─ Pawley v. Whardall (1966) 1 QB 373.
─ Vickers, Sons and Maxim Ltd. Vs. Evans. (1910) A C 444.
─ Smith v. Hughes (1960) 1 WLR 830.
─ Mattison v. Hart (1854) 14 CB 385.
─ Becke v. Smith (1836) 2 M&W 191.
─ Grey vs. Pearson (1857) 6 HLC 61.
─ Caledonian Railway v. North British Rys . (1881) 6 App. Cas. 144.
─ Re Mayfair Property Co. (1898) 2 Ch 28.

Articles

─ D.B. Murray, When is a Repeal not a Repeal? 16 M.L.R. 50-58 (1953)

─ W.A. Wilson. The Complexity Of Statute, 37 M.L.R. 497-509 1974
─ D.J. Lanham, Delegated Legislation And Publication 37 M.L.R. 510-524 1974

─ Shell, Trouble On Oiled Waters-Statutory Interpretation, 39 M.L.R. 402-413 1976

─ D.W. Williams, Taxing Statutes Are Taxing Statutes: The Interpretation Of Revenue
Legislation 41 M.L.R 404 1978
─ D.J. Payne, the Intention of the Legislation in the Interpretation of Statutes. 9 C.L.P. 107-
124 1975
─ A.L. Diamond, Repeal and Desuetude Of Statutes 28 C.L.P 107-124 1975

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TOPIC 4- LEGAL PROFESSION, LEGAL EDUCATION AND SOCIAL
CHANGE

Historical perspective

Current legal system

Expanding legal education in Uganda

Relevance of other arts and humanities in the study of law

Law in light of regional integration (Students’ personal reading)

Legal Ethics for Practitioners

The Law Council and its Disciplinary Committee

Relevant Materials

Francis Wazarwahi Bwengye, The Legal Profession in Uganda, Marianum Press, Kisubi,

For Ethics, and Duties of Attorneys towards their clients see:

D. Brian Dennison and Pamela Tibihikirra – Kalyegira (editors), Legal Ethics and
Professionalism: A Handbook for Uganda, pp.373 – 396; Globethics.net, Africa Law No.2,
October 2014; Geneva, Switzerland; ISBN 978-2-88931-011-1. The online version of the book
bears ISBN 978-2-88931-010-4.

George W.K.L. Kasozi, Selected Case Annotations from the Disciplinary Committee of Law
Council (Uganda) in Dennison et al supra.

Putting Legal Writing into a Larger Context: The Importance of Effective Legal Writing in the
Advancement of Human Rights; UCU Research Bulletin, Vol. 01 No. 01 February 2008: A
Publication of School of Research and Postgraduate Studies, Uganda Christian University. The
article is based on a presentation to a conference on the pedagogy of legal writing: 14 – 17
March 2007, Fairways Hotel, Nairobi. The summary, power point presentation, and full paper
are posted by University of Seattle Law School on web page >
http://legalwritingconference.googlepages.com/home<

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TOPIC 5 – CUSTOMARY LAW

Customary Law generally: Joseph M.N. Kakooza, The application of customary law in
Uganda, The Uganda Living Law Journal, Uganda Law Reform Commission, Vol. I No.1 of
2003.

See also George W.K.L. Kasozi, The Law and Globalisation: An African Perspective. UCU
Research Bulletin 2009 Vol. 4 No. 1, February 2010. This paper is based on a presentation to
the Philosophy Day Celebration, organised by The Department of Philosophy, Faculty of Arts,
Makerere University, 18 December 2004.

Customary law and the repugnancy doctrine

Uganda case law

Comparative case law

Material for topic 4 and 5

Books

─ K.Makubuya, Cap. 15
─ G.Williams. Cap.13
─ W.B. Harvey, Cap. 1
─ Abel Smith And R. Stevens, Lawyers And The Courts (HEB, 1967)
─ J.D. Bernak, Science In History Watts, London, 1957
─ H.J. Berman, Justice in the USSR Harvard College, 1950
─ Mario Coppelleti And Ors, The Italian Lega Systems Stanford U.P, 1967
─ L.C.B. Gower, Independent Africa: The Challenge of the Legal Profession Harvard
U.P./O.U.P )
─ Government Memorandum On The Report Of A Committee Appointed To Study
─ And Make Recommendations Concerning Legal Education, Sessional Paper No.3 Of
1969 Government Printer, Entebbe, 1969
─ Jerome Frank, Law and Modern Mind Peter Smith, 1970
─ Tudor Jackson, A Guide to The Legal Profession In East Africa Sweet & Maxwell, 1970
─ Morris And Read, Cap. 8
─ A.A, Mazrui. Political Values and The Educated Class In Africa Heb London, 1978
─ D.W. Nabudere, Imperialism And Revolution In Uganda Onyx Press, London, 1980
─ Tanzania) Report Of The Judicial System Review Commission Dar-Se-Salaam, 1977
─ Polters Historical, Introduction, Introduction To English Law And Its Institutions 1962

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 ─ Q. Johnstone/Opson, Lawyers And Their Work.
─ Radcliffe/Cross, The English Legal System
─ G.J. Graham-Green/D.S. Gordon, Cordery’s Law Relating To Solicitors Butterworths,
London. 1961
─ Leo Levin & Ors, Problems And Materials On Trial Advocacy The Foundation Press,
Inc, Mineola, N.Y. 1968
─ Gerald Abrahams, The Legal Mind: An Approach To The Dynamic Of Advocacy
London. 1946
─ The Hon. Sir. Malcon Hilbery, Duty And Art In Advocacy Stevens & Sons, Ltd, London
1946
─ Judge J.W. Donovan, Tact In Court, 6th Enlaged Edition, Sweet And Maxwell, London
1915
─ G.Bellow/B Moulton, The Lawyerring Press The Foundating Press, Inc. 1978
─ H.Maine, Ancient Law.
─ Savingny, Systems of Modern Roman Law.
─ B.J. Odoki. The Uganda Legal Profession
─ Rubin and Contran, Readings in Africa Law.

TOPIC 6 – LAW AND ACCESS TO JUSTICE

What is access to justice?

What is the legal position in Uganda on legal aid to indigent persons?

What are the institutions concerned with access to justice & legal aid?

Challenges faced by indigent and marginalized people in accessing justice in Uganda?

Recommendations for improving access to justice and legal aid

TOPIC 7-LAW REFORM AND REVIEW IN UGANDA.

What is law reform?

What is law reform process in Uganda?

The role of the Law Reform Commission in ensuring law review and reform in Uganda.

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TOPIC 8-COURTS AND THE COURT SYSTEM

Hierarchy and operation of the court system in Uganda

TOPIC 9 – PREPARING FOR AND TAKING LAW EXAMINATIONS

─ K .Makubuya Cap. 17
─ Williams, Cap. 6.8.9 & 10
─ N. Covington and Ors. Cases and Materials For A Course On Legal Methods (1969) pp.
90-93.
─ Jerry Phillips. Thirteen Rules of Taking Law Exams. 24 Journal of Legal Education 76-
80 (1971-72).
─ D .W .Carroll. Comments on Legal Education in Uganda. 1 (No.4) Uganda Law Focus
241-250
─ (July 1973.)
─ Glanville Williams-Learning the Law
─ Uganda Christian University Bachelor of Laws Courses For Year 2

Faith in Teaching
God’s principles and values are mainstreamed in our day-to-day lectures to solve
legal and professional issues. Christianity through the bible, talks about the proper
use of our professions and calling. Right from the introductory part of this course,
we shall conduct the course in a way which incorporates Christian faith teaching.
Revelation 21:1-22:5, Isaiah 65, Exodus 31:1-5, Exodus 20:1-17, Deuteronomy 5:6-
21 and Psalm 119:72.

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