L1201

LEGAL METHODS

STUDENT NUMBER: 2000722040

REGISTRATION NUMBER: 20/U/22040

NOT A RETAKE

8TH January 2022

NUMBERS ATTEMPTED; 3, 5, 4, 1

NUMBER 3a)

According to the Black’s law dictionary legal research is “The finding and assembling of authorities that bear on a
question of law or the field of study concerned with the effective marshaling of authorities that bear on a question of
law.”
Simply put it’s the way in which legal scholars look for information on matters regarding the law. Glanville Williams
asserts that, “Lawyers do not know much more law than other people but they better where to find it.” Legal research
methods are numerous with a deep impact spanning across legal students and legal practitioners.

To begin with is the purpose of Legal Research; one should establish a goal as to why they’re carrying out legal
research. This pivots a legal scholar on a particular end point and guides the student on what information to look out
for, what cases to read, which statutes to cite and authorities to marry to the principle the student is illuminating in
their legal research.
This skill allows a student to focus on what’s important and avoids irrelevancies as he or she does legal research, thus
ensuring concise results. For a legal practitioner, knowing the purpose of carrying out legal research allows for a well
informed defence raised on behalf of his or her client, outlining all the technicalities and loopholes that might get the
other side to win because the end goal is clear. For example

Identifying the sources of the law as a method of legal research carries weight in knowing where to find the law either
in case law, statutory law or ICT. This skill set aids a legal practitioner in differentiating and in knowing where to
find defenses on matters concerning criminal law such homicides, causation and marrying them to the criminal law
principles such as mens rea and actus reus being unveiled in the case being handled, as well as commercial law
principles such as offer, acceptance, discharge and agency using authorities such as the Contracts Act 2010 and
cases such like Uganda Motors Ltd v Wavah Holdings Ltd (Civil Appeal 19 of 91) [1992] UGSC 1 (01 July
1992). As a lawyer according to Glanville Williams, you are not required to everything about the law and where to
find it is what is crucial.

Knowing the facts of cases as a method of legal research equips a legal scholar with the facts of cases which is
necessary in understanding the principles stated in the constitution and statutory law. As it is quite impossible to see
these principles of law being applied unless in competent court of jurisdiction’s proceedings and judgements. This
helps you focus on the facts of cases, which shall unveil numerous similarities factually such as in the case of Bob
Kasango v Attorney General and Anor (Constitutional Petition 16 of 2016) and Major General David Tinyefuza
v Attorney General (Constitutional Petition 1 of 1996) in which the principle of separation of powers was rattled
and the issue of nullification of the work done in each of the petitioner’s offices respectfully. Knowing the facts of
cases simply allows you to find relevant precedent that can illuminate a principle of the law.

NUMBER 3b)

Academic writing is the resulting information from legal scholars and legal practitioners research, fact finding and
conclusive writing. In other words it can be referred to as legal writing. This entails works such as abstract, annotated
bibliography ,academic journal article, book report, conference paper, dissertation, essay, explication, literary
criticism, research paper, research proposal, textbook, thesis, letters, memorandums and all the aspects of that cohort.

Academic writing helps students develop higher-order thinking skills that involve three cognitive processes analysis,
evaluation, and creation. As students have to analyze the given information and evaluate it to express their ideas in a
compact piece of writing, higher order thinking is promoted throughout the process. Students are equipped with
relevant legal language and maxims that they memorize over the course of their stay at law school.

NUMBER 3c)

According to Glanville Williams, plagiarism is the deliberate and knowing presentation of another person's original
ideas or creative expressions as one's own.

Plagiarism affects the researcher in the essence of credibility, as when they are discovered to have misguided the
public into believing foreign ideas to be their own. This taints even their future projects as being untruthful and yet
they might carry some truth to them.

Secondly plagiarism on the researcher brings forth legal repercussions such as costly court battles to clear your name.
A woman who claims she was falsely accused of plagiarism while attending Harvard Law was forced to sue to clear
her name . Megon Walker's lawsuit against the school claimed that plagiarism charge which she alleges was caused
when the school law journal published an unfinished draft of an article caused her to lose out on a $160,000/year job
offer. Which is time wasting.

In Mukasa Mbidde & Anor v Law Development Centre (HCT-00-CV-MA 2 of 2013), which was a case on
matters fraudulent examinations, which involved advocates who had already completed their post graduate law
diploma , but they had their merits recalled due to alleged malpractice.

To the public plagiarism avails haphazard legal information to legal scholars as there is no originality stemming from
research made and time taken to build an informed legal point of view and brand such as the one left by Glanville
Williams. Availing of plagiarized work to the public puts society at the risk of misinformation.

NUMBER 5
In studying the law it’s inherent that not only should students look at its application in the justice system but also learn
how to pass examinations with the information they have acquired. Examination assesses a legal scholars ability to
reproduce what they have understood while learning the law. Examination comes in numerous formats such as open
book, sit in and partly open book. And due to changing times and modernity there has also been introduction of
online examinations. How we study the law is also adaptive.

Reading text books

While studying the law, legal scholars focus on becoming the best lawyers as well as pass exams. And in doing this
equip themselves with knowledge from numerous legal text books that marry principles of law with examples to the
justice system. for example in Dr Pamela Tibihikira Kareyegira’s book of Legal Ethics and Professionalism a hand
book for Uganda. She highlights ethics that legal officers must strive for justice.

Attending lectures and taking notes.

Attending lectures acquaints students with a physical approach to studying the law and it for the first time in the first
lecture draws a picture for the students through the tutor’s words and learning aids on what the law is about. It is
firsthand account information that is passed on from the lecturer to the students. While attending lecturers it is good to
make your own set of notes because you know them best, condensing your lecturer’s tutorials into concise summaries,
this allows you to have a concise set of notes that aid in easily retrieving important information.

Discussions with students

The other technique that can be quite helpful in preparation for an exam is extended discussion with fellow students.
Both those within the same year and others within a higher year of study. Discussions open avenues for students to
learn more and promotes team spirit and not the idea of individualism. Sometimes you might have skipped learning
some important aspects of a topic which other students may have grasped while studying the same topic. As such
discussing with classmates helps you learn all these areas which you may have omitted during your study. On the
other hand, sometimes you might face difficulties in learning a topic, when you discuss it with other students, it
becomes easier for you to understand the topic with clarity.

Discussion groups also promote team spirit because they are a learning platform on how to work among people. Since
the study of law does not only prepare us to be lawyers but to also learn how to work in a collective manner with
others. In group discussions students also discuss approaches to learning and making preparation for the exam. When
students exchange ideas about their different styles of learning, this helps one come up with an opportunity to know
the best style of learning. In this way students inspire one another to adopt the best study skills while covering wider
areas of study.

Reading statutory law and case law

In becoming an oustandingly concise and informed competent lawyer, it is inherent that you read all cases relevant to
what is taught with guidance of the reading list. Case law and statutes are sources of the law that are prudent. While it
may be tempting to jump right into the material, it is important to first understand why you are reading the assigned
case. Reading case briefs can also quickly help a student to understand the (issue, rule, Application and Conclusion) of
each case. An appropriate example would be Principles of Law of Contract in Uganda by Prof Ben Twinomugisha
that gives case briefs e.g. Fisher v Bell – (display of goods is a mere invitation to treat and not an offer)
Statutes are written laws passed by legislative bodies. These include; Judicature Act, Penal Code Act, Trial and
Indictment Act, Anti- terrorism act 2002. The primary role of statutes is to set forth general propositions of law that
courts apply to specific situations, statutes may forbid a certain act, direct a certain act, make a declaration, or set forth
government mechanisms to aid society. These statutes are often reference points when citing the laws applicable to
our society and are used as authority when tackling legal questions.
NUMBER 4

This statement dissects legal reasoning employed by judicial officers. It is an intellectual process of reaching a
decision in a court action.

Facts

Before any court of law, the Judge will always be faced with the facts of the issue in dispute. Facts are pivotal in
unveiling an issue. Facts are contained in affidavits. A judge cannot get facts from media, facts should stem from the
legal practitioners before him. Facts are what is before the court after investigation from authorities and accepted by
both parties to the dispute.

In Kizza Besigye v Museveni Yoweri Kaguta and the Electoral Commission. (Election petition No. 1 of 2006).
The supreme court held that much as there were discrepancies in the election, they were not enough to nullify it since
they were not substantial enough to nullify the election. As well as the 2021 presidential elections which entailed
numerous absurdities but which could not amount the nullification of the whole election.

Courts interpret the law. And judges aid in this interpretation with emphasis on the position of the law. In Uganda
the Constitution is supreme law according Article 2. Clearly, the question for the judge would then be, “what does the
law say?” The first point of reference would be the constitution, then other statutes to get a cleat clear view of the law.
Take an example of the previous Bail argument that had taken the country by storm. All politicians had an opinion on
what the scrap of bail for capital offences would mean. The president himself expressed concern with the way the
lawyers and judges were taking bail as a right. Even though the president was unhappy, it is not for him to decide who
gets bail and who doesn’t. The law under Article 23(6)(a) provides that a person is entitled to apply to the court to be
released on bail and the court may grant that person bail on such conditions as the court considers reasonable.
Evidently, the noise of politicians and activists on the various news channels and social media platforms is useless. It
cannot be what sways the judge’s point of view. Before having an opinion and getting to a conclusion on bail, the
judge should address himself to the facts and then find the stand of the law.

Another vivid example is the presidential election petitions that are filed in the Ugandan Courts. In the Presidential
Election Petition No. of 2021; where Robert Kyagulanyi petitioned the supreme court seeking to nullify the
presidential elections. However, he kept on addressing the press, as though they were the ones meant to hear his case.
This in no way could it move the supreme court. The court had to address itself to the various statutes like the
Presidential Elections Act, 2005 and the Electoral Commission Act Cap. 140; and not the argument made by the
petitioner to the media that the court was biased.

When dealing with the stand of the law, the court should use analogical reasoning. If the facts of the issue before it is
familiar with that of a former case on which the court has delivered a judgement, that case law should be also referred
to. There are a multitude of cases on issues of land, there are a multitude of cases on the breach of contract, touching
the same principles that govern contracts and sale of land agreements. Using the doctrine of precedent, the judge
should familiarise himself with these past decisions so as to be able to make a just decision.

Judges are fundamental in the building of society. They interpret laws and resolve disputes in society. The
decisions they make touch and affect the society. Take an example of a person accused of rape that has been brought
before the judge. He makes an application for bail; which clearly under the law he has a right to do. However, there is
a mob just outside the court house ready to lynch him should he be released on bail. The judge is therefore at
crossroads. The bail applicant has a right to apply for bail and the judge also has a duty to the society to ensure that the
law serves the needs of society. Having addressed himself to the law and the facts, the judge should then also
determine what impact his decision will have on society. Should he grant the applicant bail so that he can be lynched
or should he send him back to prison? If the judge feels that justice can best be done with the accused alive, he can
send him back to jail, he will not die while in jail, but he will most likely die from mob justice and just like that the
pursuit of justice will be lost.

The judge is therefore expected to be logical in his determination of the issues before him. Failure to be logical a
miscarriage of justice can occur or even an absurdity. Take an example of the case of Fisher v Bell [1961] 1 QB 394,
where the defendant shopkeeper displayed in his shop a flick knife accompanied by a price tag. He was charged with
offering for sale a flick knife. However, the court held that under the law of Contract, that the display of goods was
not an offer but an invitation to treat. This defeated the purpose of the law that had criminalized the sale of dangerous
weapons. The judge should therefore reason with the intention of giving the law its full effect and also ensure that the
justice is done. Article 126 enjoins the courts to exercise the judicial power in the name of the people and in
conformity with the law and with the values, norms and aspirations of the people. This is because it is derived from
the people.

Therefore, when arriving at decisions, any competent judge should initially address himself to the law and the facts.
Political persuasion and other unverified means would lead to a miscarriage of justice and undermine the role of the
courts. The questions should always be; what are the facts?, what does the law say? And finally what is the impact of
the decision on society?
NUMBER 1.
A LEGAL MEMORANDUM ON STATUTORY INTERPTREATION AND ITS APPLICABILITY IN THE
CONTEMPORARY SCENE.
FROM: MINISTRY OF HEALTH
TO: THE MEMBERS OF PARLIAMENT, LEGAL PRACTIONERS AND JUDICIAL OFFICERS
DATE : 8TH January 2022
TOPIC: HOW STATUTORY INTEPRETATION IS APPLIED CONTEMPORARIRILY.
Rules of statutory interpretation.
Statutory interpretation is where courts interpret and apply legislation. This is because when drafting the law,
sometimes statutes can contain wording with uncertain meanings, errors unnoticed by parliament, and sometimes
statutes cannot cover everything. In such situations judges are required to interpret the meanings of statutes using
principles of statutory interpretation subject to the laws of Uganda.
Article 2(1) of the 1995 constitution of the republic of Uganda defines the constitution as supreme law in Uganda and
all other law’s authority is derivative from it. Article 2(2) states that if any other law or custom is inconsistent with
any of the provisions of this constitution, the constitution shall prevail, and that other law or custom shall, to the extent
of the inconsistency, be void. Article 137 gives power to the court of Appeal sitting as the constitutional court to
interpret any Act of parliament, an act or omission by any person or authority when alleged to be inconsistent with the
constitution.
Statutes in Uganda are made or created by parliament under Article 79 of the constitution of the Republic of Uganda
as amended.
The Interpretation Act Cap3, An Act to amend and consolidate the law relating to the construction and interpretation
of Acts of Parliament, to regulate certain other matters relating to Acts of Parliament and to statutory powers and
duties, and to make general provisions. This is used in interpreting the statutes in Uganda.
Statutes contain an interpretation section. The purpose of the interpretation section is to give the meaning assigned to
certain words as used in a particular statute. Statutes contain internal aids of construction and these may be used to
determine the meaning of words as used in that statute. The internal aids of construction include the short title, long
title, preamble, headings, marginal notes and schedule. Statutes also contain external aids of construction which are
used in reference to matters outside the statute. The external aids include historical setting, reputable dictionary,
textbook writers and reports of commissioners. In the case of Kasampa Kalifani vs Uganda Revenue Authority High
Court Civil Suit No. 579/2007, Justice Yorukamu Bamwine (as he then was), in echoing the words of Lord Denning,
stated that Acts of Parliament are construed according to their object and intent.

In High Court Miscellaneous Case No. 241 of 2017, Mrs. Seforoza Nyamuchoncho( Administrator of the Estate of
the Late Justice Polycarp Nyamuchoncho) and Andrew Musoke( Administrator of the Estate of the Late Justice Saul
Musoke) V. Attorney General and 2 others, in the matter of an application for judicial review, Justice Musa Ssekaana,
in order to establish the object and intent of Parliament, when enacting the Parliament( Remuneration of members)
Act, Cap 259, court used internal aids to construction such as the Title to the Act, the preamble, the Punctuation,
headings, schedules, interpretation clauses among others to easily ascertain what they envisaged. The long title to the
Parliament (Remuneration of Members) Act, states, “An Act to consolidate the law relating to the remuneration of
members of parliament; to make provision for the remuneration of past presidents and vice presidents and other
purposes connected therewith”. The court went on to state that having regard to the fact that the leaders at the time did
a wonderful job in keeping the country together amidst political instability prior to 1981, the legislature enacted this
law to appreciate these leaders for their work, and in so doing the appreciation through allowances as provided for was
not meant to be enjoyed by a living former president in person.

In Crane Bank V Uganda Revenue Authority, Justice Geoffrey Kiryabwire in echoing the words of Lord Wright in
Fender V. St. John Mildmay [1938] AC 38, stated that “in one essence every rule of law, either common law or
equity, which has been laid down by the courts, in that course of judicial legislation which has evolved the law of this
country, has been based on considerations of public policy.”

THE GOLDEN RULE.

It was first applied in Grey V Pearson (1857) 10 ER 1216, where Judge Wensleydey said that, the grammatical and
ordinary sense of words is to be adhered to unless that would lead to legal absurdity or some repugnancy or
inconsistence with the main statutory instrument In that case the grammatical and ordinary sense of words can be
modified to avoid absurdity and inconsistency but no further. The golden rule means that where the literal meaning of
words will lead to an absurd result, the court should adopt an interpretation that avoids the absurdity. The golden rule
in Uganda has been applied by Justice Egonda Ntende in the case of Osotraco Ltd v Attorney General (HC-00-CV-CS
1380 of 1986), where he overlooked the government proceedings act, section 15 that barred injunctions over
government, and glorified article 26 of the constitution, that provided for the ownership of property. On appeal to the
constitutional court, the court in concurrence upheld his decision, as it was a decision made to avoid absurdity and
frustration of Ostraco’s right to own property.
MISCHIEF RULE.
In Uganda Revenue Authority V SPEKE HOTEL (1996) LTD, (CA No. 12 of 2008), it was stated that “The days
when have long passed when the courts adopted a strict constructionist view of interpretation which required them to
adopt a literal meaning of the language. The courts must adopt the purposive approach which seeks to give effect to
the true purpose of the legislation and are prepared to look at much extraneous material that bears on the background
against which the legislation was enacted”.
Often courts apply the mischief rule/purposive rule of interpretation where the words of the statute are not clear. In
High Court Miscellaneous Case No. 241 of 2017, Mrs. Seforoza Nyamuchoncho( Administrator of the Estate of the
Late Justice Polycarp Nyamuchoncho) and Andrew Musoke( Administrator of the Estate of the Late Justice Saul
Musoke) V. Attorney General and 2 others, in the matter of an application for judicial review, Justice Musa Ssekaana,
in order to establish the object and intent of Parliament, when enacting the Parliament( Remuneration of members)
Act, Cap 259, Court also looked the Emoluments and Benefits of the President, Vice President and Prime Ministrer
Act, 2010 and in helping to interpret the Parliament(Remuneration of members) Act, the above two Acts were read
together in order to give meaning as to the intention of the law makers and cure the mischief, and no recourse made to
the spirit of the statute.

THE LITERAL RULE, the law must be read, word for word and should not divert from its true
meaning. As the cardinal rule of construction, the statute is read liberally by giving to the words used
by the legislature their ordinary, natural and grammatical meaning. In Wicks v. DPP(1947)A.C 362,
this rule was defined as “words of a statute must be interpreted according to their literal meaning and
sentences according to their grammatical meaning. If words of the statute are clear and unambiguous
and complete on the face of it, they are conclusive evidence of the legislative intention.
In determining the ordinary meaning, the courts may have recourse to dictionaries, though with care. In the Supreme
Court case of Hon. Theodore Ssekikubo & Others V. The Attorney General and 4 Ors, Constitutional Appeal No. 1 of
2015, this rule of interpretation was applied by the court in interpreting Article 83(1) of the Constitution, and it was
held that,…..”leave” as it is used in Article 8(1)(g) is plain, clear and unambiguous, and must be interpreted using the
literal rule of statutory interpretation”.
EJUSDEM GENERIS RULE . This is a rule of interpretation covering things of the same nature, specie or kind.
Therefore, where general words follow particular words, the general words are to be interpreted as being limited to
persons, things or situations within the class specified by the particular words. In Crane Bank v Uganda Revenue
Authority, High Court Civil CA. 18 of 2010, the phrase “or similar operations” at the end meant that to be
included the activities must be similar in nature to the ones enumerated before it. And in the court’s view, processing
and exporting fish was not similar to growing of coffee and fish.

BY 2000722040