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Family law exam exercise on succession, Exams of Family Law

University of WinchesterFamily Law

Succession in Uganda and laws on Adoption

Typology: Exams

2020/2021

Uploaded on 01/24/2021

Ngarama
Ngarama 🇬🇧

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UGANDA CHRISTIAN UNIVERISTY
UNIVERSITY EXAMINATIONS 2020/2021
THIRD YEAR ADVENT SEMESTER EXAMINATIONS FOR THE
DEGREE OF
BACHELOR OF LAWS
COURSE UNIT: FAMILY LAW 2
DATE UPLOADED: Friday 22nd January, 2021
DUE DATE FOR SUBMISSION: Thursday 28th January, 2021
INSTRUCTIONS:
1) This exam carries 70 marks
2) Answer THREE questions in total including QUESTION ONE which is
COMPULSORY and carries 30 Marks. In addition to Question One,
candidates may attempt any other TWO Questions.
3) This examination is a take-home open book.
4) Use of relevant authorities and or examples shall attract high scores;
5) The University rules regarding the conduct of examinations shall apply to
this examination;
6) All answers should be referenced with proper footnotes and bibliography.
Any form of plagiarism will be penalised, including cancellation of the
candidate’s submission.
7) Examination answer scripts submitted after the deadline shall be
rejected;
8) Use the Trebuchet MS font type; size 11, Line spacing 1.5;
9) Do Not write more than 12 pages , inclusive of footnotes and
bibliography;
10) Be typed in digital word format and submitted in Portable Document
Format (pdf); and
11) Submit your examination answers to the University through this email:
ucufamilylaw@gmail.com
12) When submitting this exam, the file name should be your registration
number.
13) Do NOT send more than one email submission.
Question One: (Compulsory)
Part A.
Daniel Shika, a Ugandan citizen resident in Kira sometime during March 2017
acquired land comprised in Mailo Register Block 106 Plot 184, Kira Road. The
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UGANDA CHRISTIAN UNIVERISTY

UNIVERSITY EXAMINATIONS 2020/

THIRD YEAR ADVENT SEMESTER EXAMINATIONS FOR THE

DEGREE OF

BACHELOR OF LAWS

COURSE UNIT: FAMILY LAW 2

DATE UPLOADED: Friday 22nd^ January, 2021 DUE DATE FOR SUBMISSION: Thursday 28th^ January, 2021 INSTRUCTIONS:

  1. This exam carries 70 marks
  2. Answer THREE questions in total including QUESTION ONE which is COMPULSORY and carries 30 Marks. In addition to Question One, candidates may attempt any other TWO Questions.
  3. This examination is a take-home open book.
  4. Use of relevant authorities and or examples shall attract high scores;
  5. The University rules regarding the conduct of examinations shall apply to this examination;
  6. All answers should be referenced with proper footnotes and bibliography. Any form of plagiarism will be penalised, including cancellation of the candidate’s submission.
  7. Examination answer scripts submitted after the deadline shall be rejected ;
  8. Use the Trebuchet MS font type; size 11, Line spacing 1.5;
  9. Do Not write more than 12 pages , inclusive of footnotes and bibliography;
  10. Be typed in digital word format and submitted in Portable Document Format (pdf); and
  11. Submit your examination answers to the University through this email: ucufamilylaw@gmail.com
  12. When submitting this exam, the file name should be your registration number.
  13. Do NOT send more than one email submission. Question One: (Compulsory) Part A. Daniel Shika, a Ugandan citizen resident in Kira sometime during March 2017 acquired land comprised in Mailo Register Block 106 Plot 184, Kira Road. The

land in question was approximately 2.3 hectares situated at Kira Municipality Wakiso District. In March 2020, Daniel and his wife Christabella Shika decided to have the land transferred and subdivided equally into the names of their three children namely; Peter Wakishwa, a minor till 8.9.2035, Joy Nabale, a minor till 4.7.2038, Nancy Tukei, a minor till 05.08.2040 respectively. He duly signed the transfer and mutation forms for subdivision which he lodged with the Land Registry Wakiso District. The registration and transfers were affected on 30th^ May 2020 and the duplicate Certificates of Title were issued, bearing the names of the three infants. However, Daniel has since discovered that there was an error in the allocation of the sizes of the land to the infant children. Peter Wakishwa upon subdivision was allocated a big portion of land compared to the other two children. The error was made at the land registry. Daniel desires to avoid any future misunderstandings among his three children. The family’s desire was to have the land divided equally amongst the three children. Daniel approaches you for legal advice on the subject matter and how to realize his objective. Advise. (10 Marks) Part B. Fred Simba and Pamela Oketa were legally married at All Saints Cathedral on 18 th^ December 2008. As a result of the marriage, they begot two children out of that relationship namely- Vicent Simba aged 10 years and Mellisa Simba aged 9 years. During the period of the marriage, they developed differences and started living separately. In 2017, Fred developed a secret relationship with a nurse named Phiona Male who was working in the neighbouring hospital. As a result of the secret affair, Fred and Pamela’s relationship deteriorated. In fact, Fred completely refused to provide maintenance or any form of support to the children accusing Pamela of misbehaving with other men. This created extreme animosity between the two making it very destructive to the children and thus no functional communication between the two of them could exist. Towards the end of 2019, Pamela Oketa who was employed by the Ministry of Foreign Affairs, obtained a job opportunity to work at the African Union Peacekeeping Headquarters in Addis Ababa as a Foreign Officer representing Uganda. She left the two children with Fred. While in Addis, Pamela Oketa could not travel back to Uganda due to the COVID 19 Pandemic restrictions. The African Union barred any of its employees from travelling outside the work stations until further notice. After Pamela leaving for Addis, Fred got the children and moved them to the residence he was living with Phiona Male. She asked Phiona to adopt the children and look after them as the mother. Phiona Male, who had no children of her own was excited. In the following months, Phiona with the

the first wife, she was still married to the deceased until his untimely death in May 2010. She acknowledged that while at the time of the deceased's death, they were not living together, but argued that she was dependant on the deceased and was presently residing in the matrimonial home. According to Sophie, the deceased never made a will and the will that had been placed before court was a forgery and had been procured through fraud. She further deponed that the stated will did not comply with mandatory formalities and the executors had misled court by lodging in court a will that excluded her from one of the beneficiaries. This according to her application was motivated by ill intentions and the executors had misled court that the deceased died testate yet the true fact is that he died intestate. The Deceased's brother Petro, represented the children and deponed a reply to the application lodged by Sophie. In his reply he stated that the deceased called him and the children to the home of their sister Auntie Juliet on 20th March 2010 for dinner. At the event, the deceased read out his will and testament and signed the same. He requested them to sign as witnesses. The will was read out in the presence of Auntie Juliet and the deponent after which he signed it and immediately took to his advocate. Further, that when the deceased died, his advocate read the will to the entire family during the gathering at the deceased's home on 10th^ July during the family meeting. According to Petro, in further reply to Sophie stated that Sophie and the deceased had a strained relationship and the deceased had returned Sophie to her parents in 2002 where she had lived until when she heard of the deceased's demise. Sophie had returned to the family home without the family consent. Upon returning, Petro further in reply accuses Sophie of intermeddling with estate by selling household items in the home. Discuss all the legal issues raised in the fact pattern above and advise the parties on the issues arising and possible remedies****. (20 Marks) Question Three: ‘The law and practice of adoption after the 2016 Amendment came as a savior to many children in Uganda,’ as per LLB 3 student. In your understanding of the law, illustrate the veracity of this statement. (20 Marks) Question Four: It has been established that Mr. Bossa who recently died did not leave a valid will. As a known LLB student in your village, the widow (Mrs. Bossa) has come to you for advice on how she can proceed with the properties left behind. With reference to relevant authorities, critically analyze how the law on

succession addresses the concerns raised by Mrs. Bossa. (20 Marks) ==================================== End ==================================