QUESTIONS

SECTION A
QUESTION ONE
The doctrines of equity are set of general principles which are said to govern the
way in which equity operates and illustrate the qualities of equity. Per Namukasa a
student at KIU LLB: In light of the above statement and with the aid of relevant
authority. Identity and discuss the various Equitable doctrines ( 25 Marks).

QUESTION TWO
Write short notes on the following:
a) General Principles Applicable to Injunctions (5 marks)
b) Donatio Motis Causa (5 Marks)
c) Rights which are not assignable (5 Marks)

QUESTION THREE
While the law seeks to impose certainty, litigants being only confusion. Traditionally,
equity and the law of trusts have been concerned with providing justice to Lalance
out the rigors of the common law: Explain and illustrate this statement in relation to
the development and operation of equity. (15
Marks)

QUESTION FOUR
“Assignment entails the transfer of proprietary right by a person in whom it is vested
to a third person and must meet certain formal requirements”. Discuss the formal
requirements of creating an assignment highlighting exceptions thereof. (15
Marks)

QUESTION FIVE
Discuss the various ways in which a trustee can be appointed under the law of Trust
(15 marks)

QUESTION SIX
A Vitiated Trust is said to be the trust which is contrary to law, public policy or
morality. Discuss the various categories of vitiated trust with relevant examples of
each.
QUESTION SEVEN
Write an essay on injunctions highlighting their types and defenses. (15 Marks)
PART A

QUESTION ONE
Maxims of Equity are the general principles which evolved in the court of Chancery,
they are not rules which must be vigorously applied in every case, but are more of
general guidelines, illustrate the way in which equitable jurisdiction is exercised.
Discuss at least 8 maxims of Equity (23.3 Marks).

QUESTION TWO
Discuss the exceptions to the rule that “Equity shall not assist a Volunteer”
(23.3 Marks)

PART B
QUESTION THREE
Discuss various ways in which trusteeship can be terminated. (23.3
Marks)

QUESTION FOUR
Assignment were defined in the case of Norman V Federal Commissioner of
Taxation (1963) …. CLR 9 by the High Court of Australia. Define Assignments and
give the various types of Assignments. (23.3
marks).

PART C
QUESTION FIVE
Write short notes on any 4 of the following equitable remedies;
a) Injunctions
b) Specific Performance
c) Rescission
d) Rectification
e) Delivery up and Cancellation of Documents (23.3 Marks)

QUESTION SIX
Write short notes on any 4 of the following
a) The Doctrine of Conversion
b) The Doctrine of Election
c) The Doctrine of Satisfaction
d) The Doctrine of Performance
e) Discuss various ways in which a trust is created
f) Discuss the duties of a trustee (23.3
Marks)

GOOD LUCK
 SECTION A
QUESTION ONE
A person can still acquire interest in property, despite his or her names not being
formally registered or bearing on its title as the owner per LLB 2A student.
With the aid of relevant authorities, identify and discuss the various equitable
interests.
(25 Marks)

QUESTION TWO
With the aid of relevant authorities, identify and discuss the various Equitable
doctrines? (25 Marks)

QUESTION THREE
Creating of trust has solved all the dilemmas which had made it so difficult for
settlers and donors to reach out their benefits to the rightful beneficiaries under the
law.
With the aid of decided cases and law, examine the various categories of trusts and
their applicability ? (25
Marks)

SECTOIN B
QUESTION FOUR
“Equity will not suffer a wrong to be without a remedy and where an aggrieved party
wishes to seek equity, such a party must be assured of reaping on a versatile of
remedies therein and capable of defeating the rigidities of common law” Per
Benedict LLB Student 2/1.

QUESTION FIVE
Assigning of one’s powers in property to the Assignee is a safeguard to the
Assignor’s interest in property and a mechanism against annihilation.

With the aid of the above assertion, critically discuss the law relating to assignment
under Equity (15
Marks)

QUESTION SIX
Discuss the law relating to the following concepts under the law of Trust:
a. Types of Trust
b. Capacity required to create a trust.
c. Essentials of a valid trust

SECTION C
QUESTION SEVEN
In a well elaborate essay, identify and discuss 10 (ten) maxims of equity and their
applicability (15
Marks)

QUESTION EIGHT
Write short notes on the following:
a) Implied Trust (3 Marks)
b) Equity is Equity (3 Marks)
c) Doctrine of Notice (3 Marks)
d) Right; which are not assignable (3 Marks)
e) Specific performance (3 Marks)

SECTION A

QUESTION 1
While the law seeks to impose certainty, litigations bring only confusion.
Traditionally, equity and the law of trusts have been concerned with providing justice
to balance out the rigors of the common law. Explain and illustrate this statement in
relation to the development and operation of modern equity.
QUESTION 2
The doctrine of equity are a set of general principles which are said to govern the
way in which equity operates and illustrating the qualities of equity. Per Namukasa a
student at KIU LLB 1/2 . In light of the above statement and with the aid of relevant
authority, identify and discuss the various Equitable doctrines.

SECTION B

QUESTION 3
Creating and perfecting of trusts has solved various dilemmas where it has been so
difficult for settlers and donors to reach and or to benefit the rightful beneficiaries
under the law. With the aid of a decided cases and law, examine the various types
of trusts and their applicability.

QUESTION 4
The trust is both the most important part of equity and the greatest and most
distinctive achievement performed by Englishmen in the field of jurisprudence”
(Maitland, 1936). Critically examine the above statement clearly highlighting
the continued relevance of trusts in the Ugandan context.

SECTION C
QUESTION 5
Certain maxims of equity have inspired various aspects of the equitable remedies
outlined below:
Discuss the relevant maxims clearly showing how the said maxima have inspired
the various aspects of the remedies.
a) Rectification
b) Rescission
c) Delivery up and cancellation of documents.
QUESTION 6
Sometimes the best way of safeguarding one’s legal interest in property against
being annihilated is to assign such authority in property while time is still of essence.
Critically discuss the law relating to assignment under Equity and Trust.

QUESTION 7
Equity is so flexible it can apply to anything, it is so powerful it can revoke or nullify a
judgment given by a common law court. Do you agree?

GOOD LUCK

SECTION A
QUESTION 1
Zanat a business lady has seen an AD in the local newspaper on a piece of land
located at Bulenga, Wakiso. This land is about one acre. She has seen the land title
from the vendor and thinks is proper and fine and fells there are no obstacles if she
acquires the title hence a bonafide purchaser for value. She proceeded to pay and
subsequently embarked on developing the land. It is this time that she found out that
there are some squatters on land. She then moved to evict them from her land.
Discuss the legal and equitable issues in this scenario.

QUESTION 2
Hassan a very wealth man died leaving a document where he intended to declare a
trust in regard to his property and beneficiaries as follows:-
a) He instructed that his matrimonial home shall go to his wife absolutely and
thereafter her death to all his daughters.
b) His factory business shall go to his family.
c) His car shall go to his youngest son.
d) His shares and profits are set as charity for the education of his school going
children.
e) He also directed that all his money on his bank account be used to build a
health center in his naïve village.
Discuss the legal implications of these donations.

SECTION B
QUESTION 3
1. What is a precatory trust? (2 Marks)
2. What is equitable assignment? (2 Marks)
3. How does a resulting trust arise (2 marks)
4. Mention four elements of a joint tenancy (4 marks)
5. What is the effect of an Anton pillar order (2 marks)
6. Explain briefly the doctrine of tracing (2 Marks)
 7. Mention two kinds of trusts which are presumed when some acts occur
(2 marks)

QUESTION 4
The development of Equity land both positive and negative consequences. Do
you agree?

QUESTION 5
Write reasonable notes on three of the following:
i) He who seeks Equity must do Equity.
ii) He who comes to Equity must come with clean hands
iii) An Interlocutory injunction.
iv) Explain some important features of a public trust

QUESTION 6
The importance of the Doctrine of Notice cannot be overemphasized by
a wary land purchaser. Discuss the Doctrine of Notice and the
categories Notice known to equity.

QUESTION 7
With the help of relevant authorities discuss the requirements for creation of a
valid trust.

GOOD LUCK
 QUESTIONS
1. In your opinion, justify the development of Equity and its relevance today.
2. Explain with good examples the meaning and effect of the following maxims:
a) Delay defeats Equity.
b) Equality is Equity

3. Ubaidha owns a number of property, he makes the following offers

i) His business in Transportation where has a big trailer to his son.
ii) 2 acres of land as charity for a hospital in his district.
iii) His Wife shall take the home absolutely and then a gift over to one of
daughters after her death as she may deem it fit.
iv) The reminder will go to all children born out of wedlock. Discuss the
effect of this kind of trust.

4. Discuss how a constructive trust arises and liability pertaining to it.

5. Denis lives in German and would like to buy land in Mukono. He instructs his
brother Makosi to find 5 acres, make the necessary procedures and buy the
land. Mukosi found the land and bought 5 acres after visiting the place. He
has also received the title. Denis came back after three years and started to
make arrangement for developing the land. Subsequently one Johnson
appears and claims interest in the land for a period of over 15 years, though
he didn’t have the title.
What is the legal responsibility of Denis?
How can Johnson overcome this problem.

6. Write brief notes on three of the following:

i) Cypress doctrine
 ii) Assignments and its requirements
iii) Resulting trust
iv) Balance of convenience when awarding an interlocutory order.

GOOD LUCK

QUESTION 1
Did the merger of equity and common law by the judicature Act 1873-1875, weaken
and erode the powers and prestige enjoyed by it before the merger?

QUESTION 2
Write notes of the following;
a) He who seeks Equity must do Equity.
b) The significance of the doctrine of notice.
c) Assignment in law and Equity,

QUESTION 3
i) Explain how breach of trust occur?
ii) What are the remedies available to the beneficiaries?

QUESTION 4
Clinton made a will in which he designated his shares in a Bank as a charitable trust
for the education of his seven children until all of them are educated to the university
level. When the executor of his will took the trust for registration the revenue office
refused to register it as a charitable trust. Advise Clinton.

QUESTION 5
Musa a senior citizen who leaves 1 Masaka owns a number of proprietor which
made to be a rich person. He left all his property to his wife Aminah, guardian and
executor of the trust. He instructed that on her death all the property shall be given
to his children. Aminah fulfilled most of the instruction except that she thought she
had powers as well to sell some of the property for their well-being. The children
protested. How would you decide this case?

QUESTION 6
Explain at list four kinds of gifts which the law presumes ….. to be an absolute
advancement of a gift in favour of the done.

GOOD LUCK
QUESTION 1
The trust is widely considered to be the most innovative contribution to the English
legal system. Generally, a trust requires three certainties, as determined in
Knight v Knight (1840) 3 Beav 148.

Using relevant authorities discuss the three certainties.

QUESTION 2
Write short notes on each of the following:
a. Equity imputes an obligation to fulfill an obligation.
b. Equity looks to the intent rather than the form.
c. Equity looks at substance and not the form.
d. He who comes to equity must come with clean hands.

QUESTION 3
Trustees have duties and powers. Where there is more than one trustee, they do not
act alone but together because they are all liable for the estate. It is therefore clear
that where trustees fail to perform their duties or abuse their powers, they may be
removed.
With relevant authorities discuss:
a) The duties and powers of trustees : and
b) How trusts are terminated in Uganda.
QUESTION 4
Analyse factors which led to the development of Equity and the Court of Chancery
and its reliance.

QUESTION 5
“Assignment entails the transfer of proprietary right by a person in whom it is vested
to a third person and must meet certain formal requirements”. Discuss the formal
requirements highlighting exceptions where necessary.

QUESTION 6
Inspite of much development and legislation which have put many of the creations of
equity in to laws, equity remains a very essential part of the judiciary as well as our
daily life.
Discuss the above statement.

QUESTION 1
Critically discuss the following aspects;
a) Assignment under equity and trust.
b) The relationship between equity and common law.
c) The conflict between equity and customary law.

QUESTION 2
With the aid of decided cases and relevant provisions of the law, examine the
various types of trusts and their applicability.

QUESTION 3
Critically examine the role of equitable maxims in guiding judicial discretion in
Uganda.

QUESTION 4
Discuss the factors that the courts of law consider when determining whether to
grant an equitable remedy in Uganda.
QUESTION 5
Define equity and explain its historical development in the legal systems of Uganda.

QUESTION 6
Sarah has been instructed by his lecturer to write a presentation on the following
according to the laws of Uganda;
a) The powers of a trustee
b) The remedies for the breach of a trust.

QUESTION 7
Using legal authorities, discuss the appointment, registration and removal of
trustees according to the laws of Uganda.

GOOD LUCK

QUESTION 1
Discuss the relevance and evolution of Equity in general and with particular
reference to three well known jurisdiction of Equity.
(25 Marks)

QUESTION 2
“The common law as enriched today owes, its development from the generic
understanding of justice in the courts of Equity.” Critically examine the statement,
base on your knowledge of the evolution of common law as practical today.
(25 Marks)

QUESTION 3
Using the relevant provision of the law, elucidate remedies with reference to the
Uganda laws.
 (25 Marks)

QUESTION 4
A ‘Re Badens deed Trust (No. 2) (1972) EWCA, CIV 10, (1973) CH 9 has a bunch
of confusing jurisprudence promulgated by Stamps L.J, Sachs L.J and Megaw, no
wonder they all use different legal reasoning to arrive at the same legal conclusion’
as stated by L.J Nkuyegetetyasaabo.

With specific reference to the said judicial officers demystify the law relating to the
certainty of objects in discretionally trusts.
(25 Marks)

QUESTION 5
Mr. Asmia made the following bequest:
a) Promised to transfer to Adam, his cousin, within the year certain property.
b) Allocates Uganda Shillings 20,000,000,000 to Abdulhakim, a scientist appointed
as his trustee, to invest and use the proceeds to reward anyone who discovers a
vaccine for COVID -19.
c) Allocates Uganda Shillings 200,000,000 to his ward, Hakeem and his friends to
set up a law firm to defend people who intend to seek redress arising from
situations of COVID-19 and other disasters that may occur in the future.
d) Uganda Shillings 400,000,000 to be given to Mrs. Dede
e) Mr. Asmia is indebted substantial enough for establishing a good business to be
given to his driver.

Discuss the validity of each of the above bequest with reference to the
relevant authorities.
(25 Marks)

QUESTION 6
 a. Musa was interested in buying land. He instructed his young brother Isma to
look for a suitable piece of land, Isma found 4 acres in Wakiso owned by one
Kbogo.
It is said that he visited the land and appreciated it and decided to pay
immediately and then received the title. Subsequently one John appeared on
the scene and claimed that he has equitable interest in the land since he has
been occupying the land for more than twenty years though he did not have
the title. Who owns the land? Discuss the facts and advice the parties.
(10 Marks)
b. With the aid of the relevant authorities and case law, discuss the nature of
equitable rights and interests.
(15 Marks)

QUESTION 7
Critically analyze any five of the following maxims showing how the courts of law in
Uganda have implemented axioms to the matters which come before them
Each is 5 Marks;
a) Delay defeats equity.
b) Equity follows the law.
c) Equity looks at substance rather than form.
d) Equity acts in personam.
e) He who seeks equity must do equity.
f) Equity inputs an obligation to fulfill an obligation.

QUESTION 8
a) Citing the relevant authorities, explain the requirements for the validity of the
legal and assignments.
(10 marks)
b) Examine the difference between the following duos, each is 5 marks;
i) Trust and agency
ii) Trust and bailment
iii) Resulting trust and constructive trust
 GOOD LUCK

QUESTION 1
“Equity was develop to assist the Agons of the Law but not to destroy it.
Discuss the above statement highlighting the evolution and development of equity
with the perspective of the Uganda’s legal system and suggest changes which you
would like to effect regarding the law of trust in Uganda.
 (25
Marks)

QUESTION 2
a. Using the relevant provisions of the law, distinguish between the equitable
remedy of injunction and specific performance
(15 Marks)

b. Discuss the doctrines of election and satisfaction with reference to the Ugandan
laws. (10
Marks)

QUESTION 3
a. With reference to the relevant legal authorities and practical examples, examine
the doctrine of notice and highlight its importance in Uganda’s legal system.
(15 Marks)
b. Explain the powers and duties of a trustees according to the laws of Uganda.
(10 marks)

QUESTION 4
With the support of the relevant legal authorities and practical examples, write short
notes on any five of the following highlighting their applicability in Uganda’s legal
system;
a. He who sees equity must come with clean hands (5 marks)
b. Where there is equal equity, the law prevails (5 marks)
c. Perpetual injunction (5 Marks)
d. Precatory trust (5 marks)
e. Equitable Estoppel (5 marks)
f. Equity acts in personam (5 marks)
g. Powers of a trustee (5 marks)
 SECTION B

QUESTION 5
Manzi Isaac, a business tycoon in Masaka owns 5 acres of land. In January 2019,
he wanted to extend his business and approached Mr. Tom Hanks the Bank
Manager of Bibbs Bank for a loan of Ushs. 30,000,000/=. …. being Isaac’s friend
accepted in writing that if Isaac defaulted to pay the loan …… in Masaka was to be
sold off to recover the loan sum. The loan was payable in one year, that is 2020 also
in writing.

Before expiry of one year, Isaac sought for a loan of Ushs. 20,000,000/= from
another bank by name Swift Bank. He mortgaged his land as security for the loan
and deposited with the bank a copy of the certificate of title. It means a mortgage
deed was executed between Isaac and Swift Bank with that Swift Bank lodged a
caveat on the certificate of title forbidding any dealings in the land.

In March 2020, Isaac sold part of the land to an investor who paid him Ushs.
35,000,000/=. The investor relied on his brother who assured him that Isaac was a
trusted friend.

Since he was in a hurry, he paid some money to the lands officer to ensure that a
new certificate of title is bearing his names as the owner since 1998. When the
investor started clearing the land for construction, the loans officer from Swift Bank
confronted him claiming that Swift Bank was the owner of the said land, the investor
is confused. Isaac also claims that he still wanted to redeem his land. Fibbs Bank is
also claiming an interest in the land.

Advise the parties as to their rights and remedies. Support your answers with
relevant authorities (25
marks)

Question 6
As a student who has obtained knowledge about equity and trusts, advise Phionah
basing on her story below.

She informs you that her name is Phionah, a resident of Nabweru who wishes to
create a trust in regard to her property. She owns land worth Ushs 20 million, 10
land Cruisers, 5 rental houses and Ushs 100 million shillings on her account in
Equity Bank.

Her children one Francis, Alvin and Louis currently studying at Skylight Junior
School. She informs you that she is leaving her other property to the children’s aunt
who, God willing, will do the right thing. Advise Phionah on the legality of the
above trust deed.
(25 Marks)

Question 7
Tumutendereza, who was a prominent member of the Church of Resurrection
Bugolobi Church of Uganda until his passing on last year, was a very committed
member of the church.
He got married to Kisaakye 70 years ago and all their seven children were
christened and confirmed in the same church. The couple also served as head of
Laity and Chief ushers respectively.
In his will, Tumutendereza wrote as follows:-
a. To my dear Kisaakye I loved her dearly until death did us part. I leave my
Mutungo estate to her to use as she will decide for the benefit of her self
during her lifetime and the interests of the children.
b. Kisaakye died last month before she would handle the estate of the late
husband. Her relatives, who are Muslims, believe the property left by her
husband all belong to her indicated in the will. They do not believe the
 children can take the share of their mother in the estate, when they as adult
members, are around. They also believe the church has no business in the
affairs of their relative’s estate.
c. On the other hand, the parish of Bugolobi in general and the church of the
resurrection in particular believe that their parishioner, the late
Tumutendereza, intended in his will to benefit them. They got a copy of the
will and they are confident that they have a share in the estate of htier
deceased brother in the Lord, Tumutendereza.
Discuss all the issued at hand and advice all the contending parties
accordingly (25
marks)

Question 8
Kusulo Amani, a businessman in Kikuubo, agreed to supply 50 bags of beans to
Wenwa Alex of South Sudan at a cost of Ushs 100,000/= per bag. The beans were
to be delivered in 30 days after harvest and a contract to that effect was executed.

After a week. Alex went to Amani’s shop and paid Ushs. 500,000/= for the beans.
Amani accepted the money but informed Alex that it was less of what he expected
since the agreed upon price per bag was Ushs. 100,000/=.

On pursuing the written contract, it was discovered that the purchase price was
indicated as 10,000/= per bag contrary to what the parties had agreed upon. Amani
decided to supply the beans to one Musigule Tom, a business man at the Busia
border, who bought each bag at Ushs. 150,000/=.

Alex did not receive his consignment of beans from Amani and Amani insisted that
he cannot supply beans at a low cost of Ushs. 10,000/= per bag.

Discuss the issues involved in the above set of facts and possible remedies
available to the parties.
(25 Marks)
 GOOD LUCK

SECTION A
QUESTION 1
“Equitable doctrine is in place to prevent the plaintiff from exercising their rights at
law frivolously”
Identify and discuss at least three of the doctrines highlighting their relevance to
contemporary jurisprudence in Uganda
(25 Marks)

QUESTION 2
a) Discuss the three certainties of trust, highlighting if there were possibility of a
fourth one.
(15 Marks)
b) In instances where there occurs uncertainty in any of the essential trust element,
discuss the legal consequence.
(10 Marks)

QUESTION 3
Discuss the following maxims showing how courts of law in Uganda have applied
them to matters before them. (25
Marks)
a) Delay defeats equity.
b) Equity follows the law.
c) Equity looks at substance rather than form.
d) Equity acts in personam.
e) He who seeks equity must do equity.

QUESTION 4
With the aid of relevant authorities, distinguish a trust from other forms of legal
obligation.
(25 Marks)

QUESTION 5
“The Common Law as enriched today, owes its development from the generic
understanding of justice in the courts of equity”.

Critically examine the statement based on your knowledge of the evolution of the
Common Law as practiced today.
(25 marks)

QUESTION 6
Discuss the following briefly
a. Rescission
b. Notificaiton
c. Specific performance as compared to injuction.
d. At least two remedies available in the event of breach of trust
e. Rectification

SECTION B
QUESTION 7
You are an interim with Imlut Advocates and Solicitors, you interview Mr. Kivumbi
Bashir who tells you as follows:
“My name is Kivumbi Bashir aged 78 a resident of Gayaza. I am contemplating
creating a trust over some of my property. I own some land, 100 cows, three double
cabins and 10 million shillings in ABSA Bank. My children (Sunir, Hindu and
Ibrahim) are currently studying at Gayaza Islamic School. My other property is left
with their Aunty Nakavuma Sharifah who God willingly will do the right thing. I have
worked so hard to get this property so I asked Aunty Nakavuma Sharifah to manage
the property as long as God wills it My long-time friends at IUIU have all promised to
do everything possible to ensure that Aunty Nakavuma Sharifah is in control.
Advise Kivumbi on the legality of the above trust instrument
(25 marks)
Question 8
Dr. Mugisha Atta recently lost his life to COVID – 19. Before his death, he made a
will with the following provisions:
a) UGX 50,000,000,000 to Prof. Abdurrahman Attic, a clinical epidemiologist
appointed as his trustee, to invest and use the proceeds to reward anyone
who discovers a vaccine for COVID-19.

b) UGX 100,000,000 to his ward, and his friends to set up a law firm to defend
people who intend to seek redress arising from situation of COVID-19 and
other disasters that may occur in the future.

c) UGX 200,000,000 to be given to Mr. John Dada (Dr. Mugisha is indebted to

Mr. John but does not state this fact in the will.

d) Millions of shillings substantial enough for establishing a good business to be

given to his driver.
Discuss the validity of each of the above bequest with reference to relevant
authorities.
(25 Marks)

GOOD LUCK

swer three (3) questions in all.

1. TUMUTENDEREZA who was a prominent member of The Church of Resurrection,

Bugolobi Church of Uganda until his passing on last year was a very committed
member of the church. He got married to KISAKYE 70 years ago and all their seven
children were christened and confirmed in the same church. The couple also served
as head of laity and chief usher respectively.

In his Will, TUMUTENDEREZE wrote as follows:

To my dear KISAKYE I loved you dearly until death did us part. I leave my
Mutungo estate to her to use as she will decide for the benefit of herself
during her life time and the interest ofthe children.

TUMUTENDEREZE funher stated in the Will:

 that knowing very well that I am a committed Christian which KISAKYE is
also; and given the spiritual role that I loved my Church, the Church of
Resurrection, Bugolobi, played in my entire existence on earth, I direct that
the Church, the Church of Resurrection, be considered in respect of my other
properties in Mukono and Mengo.

KISAKYE died last month before she would handle the estate of the late husband.
Her relatives who are Muslims believe the property left by her husband all belong to
her as indicated in the will. They do not believe the children can take their sister's
share of the

1
estate, when they, as adult living clan members, are around. They also believe the
Church has no business in the affairs of their relative's estate.

On the other hand the Parish of Bugolobi in general and the Church of the
Resurrection in particular believe that their parishioner, the late
TUMUTENDEREZE, intended in his Will to benefit them. They got a copy of the
Will and are confident that they have a share in the estate of their deceased brother in
the Lord,TUMUTENDEREZE.

Now that you have completed your studies in Equity and Trusts discuss all the issues
at hand and advise all the contending parties accordingly. [30Marksl

2 (a) Compare and contrast a TRUST with a POWER OF APPOINTIUENT [10 Marks]

(b) What do you understand by the term POWER OF ATTORNEY as studied under
Equity and Trust. [10 Marks]

[Total Marks 201

PAPER: EQUITY AND TRUSTS DATE: …….

DURATION: 3 HOURS TIME: …-…..
TOTAL MARK: 70%
QUESTION ONE.

LATICIA is a successful business woman with various properties in Uganda running under
TELEX Ltd and employing approximately 7,000 people. Whilst running his business, he
sets aside most of the profits for the benefit of all employees, former employees and their
respective spouses. In the event that there is any unexpected or excess profit the trustees are
to distribute the same to LATICIA’s two favourite daughters, if the trustees think that they
are deserving. However, if the daughters are found wanting, then the trustees should pay the
said income to IUIU-Kampala campus administration. LATICIA hands to SHANITAH, one
of the trustees, several documents, pertaining to the business, in which he finds a hand-
written letter instructing him to hold a Plot No. 53 Jinja road, for “a very special friend of
mine”. On learning of these developments, his wife MUYONGA vows to challenge the
above arrangement.
You are interested in winning over the above business to your firm but have been
requested to first advise both LATICIA on the merits of the above, and the wife on how
she can challenge the same.

Prepare a legal memorandum identifying, all the issues raised by the above facts
advising both parties on the best way of achieving their objectives. […..Marks]

QUESTION TWO.

(a)AKE, a doctor cum businessman entered into a contract with MAB a 16- year-old
young entrepreneur for the sale and purchase of Arsenal T-shirts from Rwanda. AKE
and MAB are both residents in Uganda. Due to worldwide shortage of Arsenal T-shirts,
the prices have dramatically gone up, prompting AKE to find another buyer who has
promised to pay twice the price MAB agreed to pay AKE has now refused to supply
MAB with the Arsenal T-shirts at the contract price. The Arsenal T-shirts are still at
AKE’s farm in Rwanda. MAB insists AKE should perform his part of the contractual
obligations. Meanwhile, the government of Uganda has passed a policy blocking the
importation of clothes from Rwanda because Uganda has a looming diplomatic war with
Rwanda.
Advise MAB on the appropriate course of action. […Marks]

(b) AKE also entered into a separate contract with YITI in which YITI would lease
his entire estate to AKE to enable him engage in large scale farming of agricultural
produce. AKE is YITI’s personal doctor. AKE initially bargained for a 99-year
lease which BRYANI WAYITI rejected as he had no intention of selling or leasing
his land, had it not been for his doctor’s request. He reluctantly agreed to a lease of
49 years. However, owing to fraud or misinformation, AKE obtained a freehold
estate ownership of land in perpetuity instead of a 49-year leasehold which YITI had
contemplated and actually agreed to lease. Meanwhile, the continuing intention of
the parties throughout execution of the instruments was for leasehold and not
freehold ownership. The final agreement therefore was not aligned to the intentions
of the parties. Frustrated YITI seeks to rectify the transaction.
Advise YITI on the appropriate course of action. [… Marks] […. Marks]

C) CHIWA died recently, leaving an estate valued at Five Billion Shillings CHIWA was a
generous person and during his lifetime he dedicated himself to charitable purposes, helping
out in food banks, and raising money for the homeless, which was a particular concern of his.
The Executor’s of CHIWA’s estate art unsure if the dispositions in CHIWA’s Will are
charitable or not:- UGX.250, 000,000/= to fund a soup kitchen in the grounds of IUIU Main
Campus Mbale from 1st November to the 1st of February in every year. Sadly the University’s
kitchens have been sold to “IUIU Holdings Ltd” who were unable to provide hot
meals/drinks.

(a) UGX.200, 000,000/= to establish the ‘Game of Thrones’ series season 8. Following
the release of the latest Second Chance episode, the ‘Game of Thrones’s membership
now numbers 800,000.

(b) UGX.600, 000,000/= to Trinity College for girls. The school charges UGX.50
000,000/= per year and these funds are to be used to provide a bursary and sanitary pads
for at least five girls from the local Primary School. The school received the funds but
 provided bursaries to only three girls from the local primary School.

(c) UGX.200, 000,000/= to my trustees on trust to provide temporary shelter for Hive
Bar Club who have fallen on hard times. Preference to be given to my old pals.

(d) UGX.200, 000,000/= to the Pipo /Utra-Referendum campaign group so that they
may continue to raise public awareness of the benefits of obtaining National
Identification cards (Endaga Muntu) and empowering people in leadership.

(e) UGX.600, 000,000/= to Pamela Construction Ltd Trust so that they may continue
their efforts to build fly over bridge from the Kibuli (IUIU -Kampala Campus) & to
Mbale (IUIU- Main campus). Pamela Construction Ltd Trust has recently had their
charitable status suspended following alleged misconduct in their financial handling of
the trust and Negligence civil suit they lost in court over UNRA Contract to excavate the
land in Mbale.

Advise the Executors as to the validity of each of the above dispositions drawing upon
relevant case law, statutory provisions, Charity Commission Reports, and journal articles to
support your answers. [… Marks].

QUESTION THREE

(a) Discuss the essential requirements of a valid trust and lhe factors which may vitiate it
[… Marks]
(b)Explain the powers and duties of a trustee. […Marks]

QUESTION FOUR

The Equitable remedy of specific performance is not readily granted by the courts in
Uganda. Discuss this statement fully using decided cases in Uganda and elsewhere in the
commonwealth. [… Marks]
 I

QUESTION FIVE..

Critically discuss the origin of equity in England and how this equity found it is way and its
Significance in Uganda’s jurisprudence. [… Marks]

QUESTION SIX.

Write shorts on six of the following.

(a) Equity does not assist a volunteer, [03 Marks]

(b) Equity follows the law [.. Marks]
(c) Implied Trust [… Marks]
(d) Breach of Trust [… Marks]
(e) Equity follows the law.
(f) Perpetual injunction.

g) Equity will not suffer a wrong to be without a remedy. […Marks].

e) Equity acts in personam. [.. Marks].

QUESTION SEVEN.
Now that you have completed this course there are some areas of the law of Equity and
Trusts which you may recommend for reform. In what areas would you recommend reforms?
[….Marks] . REZA who was a prominent member of The Victory Church, Kibuli , Church of
Uganda until his passing on last year was a very committed member of the church. He got
married to Phionah 80 years ago and all their Eight children were christened and confirmed
in the same church. The couple also served as head of laity and chief usher respectively.

In his Will, REZE wrote as follows:

To my dear Phionah I loved you dearly until death did us part. I leave my
Kiggo estate to her to use as she will decide for the benefit of herself during
her life time and the interest of the children.

3
 I
REZE further stated in the Will:

that knowing very well that I am a committed Christian which PHIONAH is

also; and given the spiritual role that I loved my Church, the Victory , Kibuli,
played in my entire existence on earth, I direct that the Church, the Victiry
Church Kibuli, be considered in respect of my other properties in Wakiso
and kibuli and , Police Zone , Kibuli .

Phionah died last month before she would handle the estate of the late husband. Her
relatives who are Muslims believe the property left by her husband all belong to her
as indicated in the will. They do not believe the children can take their sister’s share
of the estate, when they, as adult living clan members, are around. They also believe
the Church has no business in the affairs of their relative’s estate.

On the other hand the Parish of Kibuli in general and the Victory Church in particular
believe that their parishioner, the late REZE, intended in his Will to benefit them.
They got a copy of the Will and are confident that they have a share in the estate of
their deceased brother in the Lord, REZE

Now that you have completed your studies in Equity and Trusts discuss all the issues
at hand and advise all the contending parties accordingly. […Marks]

QUESTION EIGHT.

(a) Compare and contrast a TRUST with a POWER OF APPOINTMENT

[…Marks]

(b) What do you understand by the term POWER OF ATTORNEY as studied

under Equity and Trust? […. Marks]

QUESTION NINE.

(a) Discuss the essential requirements of a valid trust and the factors which may vitiate it
[… Marks]
(b)Explain the powers and duties of a trustee. […Mark)

3
END.
3. Discuss the powers and duties of a trustee as known in the Laws of Uganda? [20 Marks]

4. Under what circumstances would the courts in Uganda and also in the British Commonwealth
grant a remedy of SPECIFIC Marks]

5, Write short notes on the following:

(a) Perpetual Injunction. [05 Marks] (b)

Equity follows the law. [05 Marks] (c)
Precatory Trust. [05 Marks].
(d) Equitable Estoppel. [05 Marks].

Total Marks. [20 Marks]

6. Compare and contrast a Trust with:

(i) A Debt. [05 Marks]
(ii) Contract. [05 Marks]
(iii)Agency. [05 Mariol
(iv)Bailment. [05 Marks]
[Total Marks 201

Question One:

To do equity is to do that which is equitably just, but not legally just: equity is a correction of legal
justice. Discuss the validity of this statement clearly bringing out the distinctions between equity and
common law, if any. (30 Marks)

Page 34 of 3
Question Two:

The Judicature Acts 1873-75 did nothing that fused the administration of equity and common law. Both
still retain their distinctive rules and although they now run side by side, they do not mingle. Discuss.
(20 Marks)

question Three:

Write short notes on the following: (5 Marks each)

QUESTION

1. MUGISHA is a successful busmess man with various properties in Uganda running under
KWETERANA Ltd and employing approximately 5,000 people. Whilst running his
business, he sets aside most of the profits for the benefit of all employees, former employees
and their respective spouses. In the event that there is any unexpected or excess profit the
trustees are to distribute the same to MUGISHA's two favourite daughters, if the trustees think
that they are deserving. However, if the daughters are found wanting, then the trustees should
pay the said Income to UCU-Kampala campus administration. MUGISHA hands to
KICHONCO, one of the trustees, several documents, pertaining to the business, in which he
finds a hand-written letter instructing him to hold a Plot No. 93 Nakasero road, for "a very
special friend of mine". On learning of these developments, his wife NAKATE vows to
challenge the above arrangement.

Page 35 of 3
 You are interested in winning over the above business to your firm but have been
requested to first advise both MUGISHA on the merits of the above, and the wife on
how she can challenge the same. Prepare a legal memorandum identifying, all the issues
raised by the above facts advising both parties on the best way of achieving their
objectives. [30 Marks]

2. (a)ZAAKE, a doctor cum businessman entered into a contract with MABILIZI, a

17 year-old young entrepreneur for the sale and purchase of Arsenal T-shirts from
Rwanda. ZAAKE and MABILIZI are both residents in Uganda. Due to worldwide
shortage of Arsenal T-shirts, the prices have dramatically gone up, prompting
ZAAKE to find another buyer who has promised to pay twice the price MABILIZI
agreed to pay. ZAAKE has now refused to supply MABILIZI with the Arsenal T-
shirts at the contract price. The Arsenal T-shirts are still at ZAAKE's farm in
Rwanda. MABILIZI insists ZAAKE should perform his part of the contractual
obligations. Meanwhile, the government of Uganda has passed a policy blocking the
importation of clothes from
Rwanda because Uganda has a looming diplomatic war with Rwanda.
Advise MABILIZI on the appropriate course of action. [10 Marks]

(b) ZAAKE also entered into a separate contract with BRAYAM WAYITI in which
BRYANI WAYITI would lease his entire estate to ZAAKE to enable him engage in
large scale farming of agricultural produce. ZAAKE is BRYAN WAYITI's personal
doctor. ZAAKE initially bargained for a 99-year lease which BRYANT WAYITI
rejected as he had no intention of selling or leasing his land, had it not been for his
doctor's request. He reluctantly agreed to a lease of 49 years. However, owing to fraud
or misinformation, ZAAKE obtained a freehold estate ownership of land in perpetuity
instead of a 49-year leasehold which BRYANI WAYITI had contemplated and actually
agreed to lease. Meanwhile, the continuing intention of the parties throughout execution
of the instruments was for leasehold and not freehold ownership. The final agreement
therefore was not aligned to the intentions of the parties. Frustrated BRYANI WAYITI
seeks to rectify the transaction. Advise BRYANI WAYITI on the appropriate course of
action. [10 Marks] [Total 20 Marks]

2
3. CHIWANDA KAVY died recently, leaving an estate valued at Three Billion
Shillings. CHIWANDA was a generous person and during his lifetime he dedicated
himself to charitable purposes, helping out in food banks, and raising money for the
homeless, which was a particular concern of his. The Executor's of CHIWANDA's
estate are unsure if the dispositions in CI-IIWANDA's Will are charitable or not:-

3
 (a) UGX.250, to fund a soup kitchen in the grounds of UCU Main Campus
Mukono from I st November to the I st of February in every year. Sadly the University's
kitchens have been sold to "UCU Holdings Ltd" who were unable to provide hot
meals/drinks.

(b) I-JCX.100, to establish the 'Game of Thrones' series season 8. Following

the release of the latest Second Chance episode, the 'Game of Thrones's membership
now numbers 400,000.

(c) UGX.500, to Gayaza High school for girls. The school charges UGX.2(),
per year and these funds are to be used to provide a bursary and sanitary pads for
at least five girls from the local Primary School. The school received the funds but
provided bursaries to only three girls from the local primary School.

(d) UGX.IOO, to my trustees on trust to provide temporary shelter for Hive

Bar Club who have fallen on hard times. Preference to be given to my old pals.

(e) UGX. 100, to the Pipo Pawa-Referendum campaign group so that they
may continue to raise public awareness of the benefits of obtaining National
Identification cards (Endaga Muntu) and empowering people in leadership.

(f) UGX. 500, to Pameja Construction Ltd Trust so that they may continue
their efforts to build fly over bridge from the Bulaange Mengo (UCU -Kampala
Campus) to Mukono, Wandegeya &Bugujju (UCU- Main campus). Pameja
Construction Ltd Trust has recently had their charitable status suspended following
alleged misconduct in their financial handling of the trust and Negligence civil suit they
lost in court over UNRA Contract to excavate the land in Mukono.

Advise the Executors as to the validity of each of the above dispositions drawing upon
relevant case law, statutory provisions, Charity Commission Reports, and journal
articles to support your answers. [20 Marks]

4. In 2017 John Blaq left his wife Sheebah to live with Cindy. John Blaq received a
contractual gig of UGX.950 Million for his Concert from Balaamu Promotion,

4
subsequent to which John Blaq and Cindy decided to set up a joint bank account In
Equity Bank. After visiting the bank, they were advised that the account should be setup
in the name of John Blaq alone because the couple were not married. Therefore, John
Blaq was the ovmer of the account. The UGX 950 Million Lump sum was paid into the
account and formed the bulk of the money held in it. The couple also added joint sports
betting winnings to the account, and used some of the money to pay for a joint holiday
in Busabala Beach. At the end of 2018 around December, John Blaq wanted to impress
his new catch and went to Equity bank with her and asked for the bank statement; he
later showed it to her and said to Cindy 'this money is as much pours as mine'.

5
Unfortunately, John Blaq died on 3 1 st of December 2018. His wife Sheebah has
vowed to fight and claim for the money on the bank account because it belonged
entirely to her deceased husband and that it therefore passed to her as his widow under
the Intestacy Rules. Cindy claims that the money was held in trust by John Blaq, as
legal owner of the bank account, for both John Blaq and herself Cindy as beneficiaries.
Therefore, Cindy mainte •s that, the bank account should pass to her as sole surviving
beneficiary.

Meanwhile John Blaq's brother Bagonza retumed home from a business trip from Africa
Now Summit in Munyonyo. He was scolded by his wife Koelewijn for not bringing
back a present for his infant son Misuwa. In what appears to have been a fit of pique, he
went upstairs, wrote a cheque out in favour of himself as payee, came back dmMnstairs,
shouted 'Look you here, I give this to the baby', and thrust the cheque into the baby's
hand. Koelewijn claims that the money reflected on the cheque belongs to Misuwa and
that she is the trustee. Bagonza, John Blaq 's brother insists insists that this is
independent property of the deceased which should be subjected to the rules of intestate
and not to be taken by the Widow.

In another related development, Jonah a former LLB UCU Student, left his 6 cars
(which included; Toyota V8 Landcruiser, Volkswagen, Toyoya Harrier new Model and
Mercedes' Benz E 350) to his wife Bad black by Will with words that read as follows;
"To mp dear chocolate sweet wife Bad Black. and in Full confidence that pou will do
what is right as to the disposal thereof of mp 6 cars to nap 3 Children. either in pour life
time or bp Will after pour demise".

In the same Will, the last part of the testament provided for another clause where Jonah
further appointed Kyagulanyi as a guardian of his children and left his other properties
with Kyagulangiwhich were Qualicell Bus Terminal Arcade, Nabukeera Arcade &his
25% shares in PipoPawaCo.Ltd; the last words Jonah used in the Will read as follows:
"Trusting that he (Kpagulanpi) will in (ear of God & in love for mp children committed
to his care make such use of it as shall be (or his own & the circumstances, nap former
LLB classmates, the Anglican Communitp& the poor"

6
 Prepare a legal memorandum advising Cindy, Sheebah & Koelewijn on the propriety of
their claims and the enforceability of the testament to the intended beneficiaries. [20
Marks]

Write shorts on the following:

(a) Equity does not assist a volunteer, [05 Marks]
(b) Equity follows the law [05 Marks]
(c) Implied Trust [05 Marks]
(d) Breach of Trust [05 Marks]

7
 [Total 20 Marks]

Now that you have completed this course there are some areas of the law of Equity and Trusts which
you may recommend for reform. In what areas would you recommend reforms? [20 Marks]
QUESTION

1. MUGISHA is a successful busmess man with various properties in Uganda running under
KWETERANA Ltd and employing approximately 5,000 people. Whilst running his
business, he sets aside most of the profits for the benefit of all employees, former employees
and their respective spouses. In the event that there is any unexpected or excess profit the
trustees are to distribute the same to MUGISHA's two favourite daughters, if the trustees think
that they are deserving. However, if the daughters are found wanting, then the trustees should
pay the said Income to UCU-Kampala campus administration. MUGISHA hands to
KICHONCO, one of the trustees, several documents, pertaining to the business, in which he
finds a hand-written letter instructing him to hold a Plot No. 93 Nakasero road, for "a very
special friend of mine". On learning of these developments, his wife NAKATE vows to
challenge the above arrangement.

Page 8 of 3
 You are interested in winning over the above business to your firm but have been
requested to first advise both MUGISHA on the merits of the above, and the wife on
how she can challenge the same. Prepare a legal memorandum identifying, all the issues
raised by the above facts advising both parties on the best way of achieving their
objectives. [30 Marks]

2. (a)ZAAKE, a doctor cum businessman entered into a contract with MABILIZI, a

17 year-old young entrepreneur for the sale and purchase of Arsenal T-shirts from
Rwanda. ZAAKE and MABILIZI are both residents in Uganda. Due to worldwide
shortage of Arsenal T-shirts, the prices have dramatically gone up, prompting
ZAAKE to find another buyer who has promised to pay twice the price MABILIZI
agreed to pay. ZAAKE has now refused to supply MABILIZI with the Arsenal T-
shirts at the contract price. The Arsenal T-shirts are still at ZAAKE's farm in
Rwanda. MABILIZI insists ZAAKE should perform his part of the contractual
obligations. Meanwhile, the government of Uganda has passed a policy blocking the
importation of clothes from
Rwanda because Uganda has a looming diplomatic war with Rwanda.
Advise MABILIZI on the appropriate course of action. [10 Marks]

(b) ZAAKE also entered into a separate contract with BRAYAM WAYITI in which
BRYANI WAYITI would lease his entire estate to ZAAKE to enable him engage in
large scale farming of agricultural produce. ZAAKE is BRYAN WAYITI's personal
doctor. ZAAKE initially bargained for a 99-year lease which BRYANT WAYITI
rejected as he had no intention of selling or leasing his land, had it not been for his
doctor's request. He reluctantly agreed to a lease of 49 years. However, owing to fraud
or misinformation, ZAAKE obtained a freehold estate ownership of land in perpetuity
instead of a 49-year leasehold which BRYANI WAYITI had contemplated and actually
agreed to lease. Meanwhile, the continuing intention of the parties throughout execution
of the instruments was for leasehold and not freehold ownership. The final agreement
therefore was not aligned to the intentions of the parties. Frustrated BRYANI WAYITI
seeks to rectify the transaction. Advise BRYANI WAYITI on the appropriate course of
action. [10 Marks] [Total 20 Marks]

2
3. CHIWANDA KAVY died recently, leaving an estate valued at Three Billion
Shillings. CHIWANDA was a generous person and during his lifetime he dedicated
himself to charitable purposes, helping out in food banks, and raising money for the
homeless, which was a particular concern of his. The Executor's of CHIWANDA's
estate are unsure if the dispositions in CI-IIWANDA's Will are charitable or not:-

3
 (a) UGX.250, to fund a soup kitchen in the grounds of UCU Main Campus
Mukono from I st November to the I st of February in every year. Sadly the University's
kitchens have been sold to "UCU Holdings Ltd" who were unable to provide hot
meals/drinks.

(b) I-JCX.100, to establish the 'Game of Thrones' series season 8. Following

the release of the latest Second Chance episode, the 'Game of Thrones's membership
now numbers 400,000.

(c) UGX.500, to Gayaza High school for girls. The school charges UGX.2(),
per year and these funds are to be used to provide a bursary and sanitary pads for
at least five girls from the local Primary School. The school received the funds but
provided bursaries to only three girls from the local primary School.

(d) UGX.IOO, to my trustees on trust to provide temporary shelter for Hive

Bar Club who have fallen on hard times. Preference to be given to my old pals.

(e) UGX. 100, to the Pipo Pawa-Referendum campaign group so that they
may continue to raise public awareness of the benefits of obtaining National
Identification cards (Endaga Muntu) and empowering people in leadership.

(f) UGX. 500, to Pameja Construction Ltd Trust so that they may continue
their efforts to build fly over bridge from the Bulaange Mengo (UCU -Kampala
Campus) to Mukono, Wandegeya &Bugujju (UCU- Main campus). Pameja
Construction Ltd Trust has recently had their charitable status suspended following
alleged misconduct in their financial handling of the trust and Negligence civil suit they
lost in court over UNRA Contract to excavate the land in Mukono.

Advise the Executors as to the validity of each of the above dispositions drawing upon
relevant case law, statutory provisions, Charity Commission Reports, and journal
articles to support your answers. [20 Marks]

4. In 2017 John Blaq left his wife Sheebah to live with Cindy. John Blaq received a
contractual gig of UGX.950 Million for his Concert from Balaamu Promotion,

4
subsequent to which John Blaq and Cindy decided to set up a joint bank account In
Equity Bank. After visiting the bank, they were advised that the account should be setup
in the name of John Blaq alone because the couple were not married. Therefore, John
Blaq was the ovmer of the account. The UGX 950 Million Lump sum was paid into the
account and formed the bulk of the money held in it. The couple also added joint sports
betting winnings to the account, and used some of the money to pay for a joint holiday
in Busabala Beach. At the end of 2018 around December, John Blaq wanted to impress
his new catch and went to Equity bank with her and asked for the bank statement; he
later showed it to her and said to Cindy 'this money is as much pours as mine'.

5
Unfortunately, John Blaq died on 3 1 st of December 2018. His wife Sheebah has vowed to
fight and claim for the money on the bank account because it belonged entirely to her
deceased husband and that it therefore passed to her as his widow under the Intestacy
Rules. Cindy claims that the money was held in trust by John Blaq, as legal owner of the
bank account, for both John Blaq and herself Cindy as beneficiaries. Therefore, Cindy
mainte •s that, the bank account should pass to her as sole surviving beneficiary.

Meanwhile John Blaq's brother Bagonza retumed home from a business trip from Africa
Now Summit in Munyonyo. He was scolded by his wife Koelewijn for not bringing back a
present for his infant son Misuwa. In what appears to have been a fit of pique, he went
upstairs, wrote a cheque out in favour of himself as payee, came back dmMnstairs, shouted
'Look you here, I give this to the baby', and thrust the cheque into the baby's hand.
Koelewijn claims that the money reflected on the cheque belongs to Misuwa and that she is
the trustee. Bagonza, John Blaq 's brother insists insists that this is independent property of
the deceased which should be subjected to the rules of intestate and not to be taken by the
Widow.

In another related development, Jonah a former LLB UCU Student, left his 6 cars (which
included; Toyota V8 Landcruiser, Volkswagen, Toyoya Harrier new Model and Mercedes'
Benz E 350) to his wife Bad black by Will with words that read as follows; "To mp dear
chocolate sweet wife Bad Black. and in Full confidence that pou will do what is right as to
the disposal thereof of mp 6 cars to nap 3 Children. either in pour life time or bp Will after
pour demise".

In the same Will, the last part of the testament provided for another clause where Jonah
further appointed Kyagulanyi as a guardian of his children and left his other properties with
Kyagulangiwhich were Qualicell Bus Terminal Arcade, Nabukeera Arcade &his 25%
shares in PipoPawaCo.Ltd; the last words Jonah used in the Will read as follows:
"Trusting that he (Kpagulanpi) will in (ear of God & in love for mp children committed to
his care make such use of it as shall be (or his own & the circumstances, nap former LLB
classmates, the Anglican Communitp& the poor"
 Prepare a legalI memorandum advising Cindy, Sheebah & Koelewijn on the propriety of
their claims and the enforceability of the testament to the intended beneficiaries. [20
Marks]

MUKISA Junior is a grandson of MUKISA Senior, a committed Christian and former

Chief in Buganda Kingdom in the last century. MUKISA Junior was named in the will as
one to take care of the land which his grand-father left behind upon death. This land is
situate near the UCU land in Ntaawo. MUKISA Junior ‘was required in the will to hold
this land for the future offspring of MUKISA
.Senior. MUKISA Junior was not specifically mentioned in the will as.............................a
beneficiary.
He (MUKISA) asserts that as a grandchild of MUKISA he is entitled to benefit from his
grand father's estate. For that reason, MUKISA arranged a financier to sponsor the
buiTcfing of a multi storied block on'the“saiU land. The said building was completed last"
month. MUKISA proceeded to erect signpost along the road to indicate where the newly
completed building is found. This new building now houses a “brothel”, which has
relocated from KISOMALI in Mukono.
KAZOOLE is among the grand children of MUKISA Senior. He is 60 years old. He thinks
the name of his grand father is being ridiculed by MUKISA Junior, who has agreed to run
a brothel on the land bequeathed to the family of MUKISA in perpetuity.
In_order_to support his position as a grand child of the...................late MUKISA Senior,
KAZOOLE procured an 80-year-old man who has lived in Ntaawo for all his life help
him out. This gentleman knew nothing about the lan d and property in
question. KAZOOLE has asked this old man swear out an affidavit which supported his
claim, but it must be emphasised that the old man’s affidavit was a pack of lies. He
knew nothing about the land in question. Based on the affidavit KAZOOLE sought a
temporary relief until the main suit in which he contests the will in the hands of MUKISA
Junior is disposed of. This was granted. However, in January 2017, the matter was decided
Against KAZOOLE.

Last month KAZOOLE felt there was bribery involved otherwise there is no way he would
have lost the case. He would like to appeal, but the court record has taken over 3
months to prepare. The time within which KAZOOLE should have appealed has lapsed.
He understands that you are completing a course on Equity and Trusts and he has been told
that you may advise him on this saga.
From your reading of the course on Equity and Trusts identify and briefly discuss all the
equitable maxims and principles as well as issues and remedies involved in this problem.
[30Marks]

i/2. (a) What do you understand by the term trust? [10 Marks]

(b) Compare and contrast a Trust with:

(i) An Agency [03 Marks]
(ii) Bailment [03 Marks]
(iii) A Contract [03 Marks]

3
 I
(iv) A Debt [01 Marks]

[Total Marks 20]

The Equitable remedy of specific performance is not readily granted by the courts in
Uganda. Discuss this statement fully using decided cases in Uganda and elsewhere in the
commonwealth. [20 Marks]

t/4. Write short notes on the following:

(a) He who seeks equity must do equity. [05 Marks]

(b) Equity follows the law. [05 Marks]

(c) Equity will not suffer a wrong to be without a remedy. [05

Marks].

(d) Equity acts in personam. [05 Marks].

Total Marks. [20 Marks]

3
 I
p. (a) Meagher Gummow and Lehane are of the view that:

"Equity can be described but not defined...” however, they nevertheless attempt to
offer a working definition of equity. You have in the course of the semester, come
across various authors, who have defined Equity. Would you critically revisit some
of these definitions and conceptualisation of equity? [10 Marks]

(b) Suggest changes which you would like to effect regarding the law of trust in
Uganda. [10 Marks]

*6. Critically discuss the origin of equity in England and how this equity found it is way and
its development in Uganda. [20 Marks] * 7. Discuss the various classifications of Trust in
Uganda legal system? [20
Marks]

i8. (a) Discuss the essential requirements of a valid trust and the factors which may vitiate it
[10 Marks]

(c) Explain the powers and duties of a trustee. [10 Marks]

[Total Marks 20]

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Write shorts on the following:

(a) Equity does not assist a volunteer, [05 Marks]

(b) Equity follows the law [05 Marks]
(c) Implied Trust [05 Marks]
(d) Breach of Trust [05 Marks]

COMPULSORY QUESTION

1 MUGISHA is a successful business man with various properties in Uganda running under
KWETERANA Ltd and employing approximately 5,000 people. Whilst running his
business, he sets aside most of the profits for the benefit of all employees, former
employees and their respective spouses. In the event that there is any unexpected or
excess profit the trustees are to distribute the same to MUGISHA’s two favourite
daughters, if the trustees think that they are deserving. However, if the daughters are
found wanting, then the trustees should pay the said income to UCU-Kampala campus
administration. MUGISHA hands to KICHONCO, one of the trustees, several
documents, pertaining to the busmess, in which he finds a hand-written letter instructing
him to hold a Plot No. 93 Nakasero road, for “a very special friend of mine”. On learning
of these developments, his wife NAKATE vows to challenge the above arrangement.
You are interested in winning over the above business to your firm but have been
requested to first advise both MUGISHA on die merits of the above, and the wife on
how she can challenge the same. Prepare a legal memorandum identifying, all the issues
raised by the above facts advising both parties on the best way of achieving their
objectives. [30 Marks]

2. (a)ZAAKE, a doctor cum businessman entered into a contract with MABILIZI, a 17-
year-old young entrepreneur for the sale and purchase of Arsenal T-shirts from
Rwanda. ZAAKE and MABILIZI are both residents in Uganda. Due to worldwide
shortage of Arsenal T-shirts, the prices have dramatically gone up, prompting
ZAAKE to find another buyer who has promised to pay twice the price MABILIZI
agreed to pay ZAAKE has now refused to supply MABILIZI with the Arsenal T-
shirts at the contract price. The Arsenal T-shirts are still at ZAAKE’s farm in
Rwanda. MABILIZI insists ZAAKE should perform his part of the contractual
obligations. Meanwhile, the government of Uganda has passed a policy blocking the
importation of clothes from Rwanda because Uganda has a looming diplomatic war

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with Rwanda.
Advise MABILIZI on the appropriate course of action. [10 Marks]

(b) ZAAKE also entered mto a separate contract with BRAYANI WAYITI in
which BRYANI WAYITI would lease his entire estate to ZAAKE to enable him
engage in large scale farming of agricultural produce. ZAAKE is BRYANI WAYm’s
personal doctor. ZAAKE initially bargained for a 99-year lease which BRYANI
WAYITI rejected as he had no intention of selling or leasing his land, had it not
been for his doctor’s request. He reluctantly agreed to a lease of 49 years. However,
owing to fraud or misinformation, ZAAKE obtained a freehold estate ownership of
land in perpetuity instead of a 49-year leasehold which BRYANI WAYITI had
contemplated and actually agreed to lease. Meanwhile, the continuing intention of
the parties throughout execution of the instruments was for leasehold and not
freehold ownership. The final agreement therefore was not aligned to the intentions
of the parties. Frustrated BRYANI WAYITI seeks to rectify the transaction. Advise
BRYANI WAYITI on the appropriate course of action. [10 Marks]
[Total 20 Marks]

3. CHIWANDA KAVY died recently, leaving an estate valued at Three Billion Shillings
CHIWANDA was a generous person and during his lifetime he dedicated himself to
charitable purposes, helping out in food banks, and raising money for the homeless,
which was a particular concern of his. The Executor’s of CHIWANDA’s estate art
unsure if the dispositions in CHIWANDA’s Will are charitable or not:-

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(a) UGX.250, 000,000/= to fund a soup kitchen in the grounds of UCU Main
Campus Mukono from 1st November to the 1st of February in every year. Sadly the
University’s kitchens have been sold to “UCU Holdings Ltd” who were unable to provide
hot meals/drinks.

(b) UGX.100, 000,000/= to establish the ‘Game of Thrones’ series season 8.

Following the release of the latest Second Chance episode, the ‘Game of Thrones’s
membership now numbers 400,000.

(c) UGX.500, 000,000/= to Gayaza High school for girls. The school charges
UGX.20 000,000/= per year and these funds are to be used to provide a bursary and
sanitary pads for at least five girls from the local Primary School. The school received
the funds but provided bursaries to only three girls from the local primary School.

(d) UGX.100, 000,000/= to my trustees on trust to provide temporary shelter for

Hive Bar Club who have fallen on hard times. Preference to be given to my old pals.

(e) UGX.100, 000,000/= to the Pipo /Uvra-Referendum campaign group so that they
may continue to raise public awareness of the benefits of obtaining National
Identification cards (Endaga Muntu) and empowering people in leadership.

(f) UGX.500, 000,000/= to Pameja Construction Ltd Trust so that they may continue
their efforts to build fly over bridge from the Bulaange Mengo (UCU -Kampala Campus)
to Mukono, Wandegeya &Bugujju (UCU- Main campus). Pameja Construction Ltd
Trust has recently had their charitable status suspended following alleged misconduct in
their financial handling of the trust and Negligence civil suit they lost in court over
UNRA Contract to excavate the land in Mukono.

Advise the Executors as to the validity of each of the above dispositions drawing upon
relevant case law, statutory provisions, Charity Commission Reports, and journal articles to
support your answers. [20 Marks]

4. In 2017 John Blaq left his wife Sheebah to live with Cindy. John Blaq received a
contractual gig of UGX.950 Million for his Concert from Balaamu Promotion,
subsequent to which John Blaq and Cindy decided to set up a joint bank account In
Equity Bank. After visiting the bank, they were advised that the account should be setup
in the name of John Blaq alone because the couple were not married. Therefore, John
Blaq was the owner of the account. The UGX. 950 Million Lump sum was paid into the
account and formed the bulk of the money held m it. The couple also added joint sports
betting winnings to the account, and used some of the money to pay for a joint holiday in
Busabala Beach. At the end of 2018 around December, John Blaq wanted to impress his
new catch and went to Equity bank with her and asked for the bank statement; he later
showed it to her and said to Cindy this money is as much yours as mine’
 I

Unfortunately, John Blaq died on 31st of December 2018. His wife Sheebah has vowed to
fight and claim for the money on the bank account because it belonged entirely to her
deceased husband and that it therefore passed to her as his widow under the Intestacy Rules.
Cindy claims that the money was held in trust by John Blaq, as legal owner of the bank
account, for both John Blaq and herself Cindy as beneficiaries. Therefore, Cindy mainta in
that, the bank account should pass to her as sole surviving beneficiary.

Meanwhile John Blaq’s brother Bagonza returned home from a business trip from Africa
Now Summit in Munyonyo. He was scolded by his wife Koelewijn for not bringing back a
present for his infant son Misuwa. In what appears to have been a fit of pique, he went
upstairs, wrote a cheque out in favour of himself as payee, came back downstairs, shouted
‘Look you here, I give this to the baby’, and thrust the cheque into the baby’s hand.
Koelewijn claims that the money reflected on the cheque belongs to Misuwa and that she is
the trustee. Bagonza, John Blaq’s brother insists insists that this is independent property of
the deceased which should be subjected to the rules of intestate and not to be taken by the
Widow.

In another related development, Jonah a former LLB UCU Student, left his 6 cars (which included;
Toyota V8 Landcruiser, Volkswagen, Toyoya Harrier new Model and Mercedes Benz E 350) to
his wife Bad black by Will with words that read as follows; “To my dear chocolate sweet wife Bad
Black, and in Full confidence that you will do what is right as to the disposal thereof of my 6
cars to my 3 Children, either in your life time or by Will after your demise”.

In the same Will, the last part of the testament provided for another clause where Jonah
further appointed Kyagulanyi as a guardian of his children and left his other properties with
Kyagulangiwhich were Qualicell Bus Terminal Arcade, Nabukeera Arcade &his 25% shares
in PipoPawaCo.Ltd, the last words Jonah used in the Will read as follows:
“Trusting that he (Kyasulanyi) will in fear of God & in love for my children committed to his
care make such use of it as shall be for his own & the circumstances, my former LLB
classmates, the Anglican Community& the poor”

Prepare a legal memorandum advising Cindy, Sheebah & Koelewijn on the propriety of their
claims and the enforceability of the testament to the intended beneficiaries. [20 Marks]

5. Write shorts on the following.

(a) Equity does not assist a volunteer, [05 Marks]
(b) Equity follows the law [05 Marks]
(c) Implied Trust [05 Marks]
(d) Breach of Trust [05 Marks]

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[Total 20 Marks]

Now that you have completed this course there are some areas of the law of Equity and Trusts
which you may recommend for reform. In what areas would you recommend reforms? [20
Marks]

1. TUMUTENDEREZA who was a prominent member of The Church of Resurrection, Bugolobi Church
of Uganda until his passing on last year was a very committed member of the church. He got married to
KISAKYE 70 years ago and all their seven children were christened and confirmed in the same church.
The couple also served as head of laity and chief usher respectively.

In his Will, TUMUTENDEREZE wrote as follows:

To my dear KISAKYE I loved you dearly until death did us part. I leave my Mutungo
estate to her to use as she will decide for the benefit of herself during her life time and
the interest of the children.

TUMUTENDEREZE further stated in the Will:

that knowing very well that I am a committed Christian which KISAKYE is also; and
given the spiritual role that I loved my Church, the Church of Resurrection, Bugolobi,
played in my entire existence on earth, I direct that the Church, the Church of
Resurrection, be considered in respect of my other properties in Mukono and Mengo.

KISAKYE died last month before she would handle the estate of the late husband. Her relatives who are
Muslims believe the property left by her husband all belong to her as indicated in the will. They do not
believe the children can take their sister’s share of the estate, when they, as adult living elan members, are
around. They also believe the Church has no business in the affairs of their relative’s estate.

On the other hand the Parish of Bugolobi in general and the Church of the Resurrection in particular
believe that their parishioner, the late TUMUTENDEREZE, intended in his Will to benefit them. They
got a copy of the Will and are confident that they have a share in the estate of their deceased brother in the
Lord,TUMUTENDEREZE

Now that you have completed your studies in Equity and Trusts discuss all the issues at hand and advise
all the contending parties accordingly. [30Marks]

2 (a) Compare and contrast a TRUST with a POWER OF APPOINTMENT [10 Marks]

(b) What do you understand by the term POWER OF ATTORNEY as studied under Equity and
Trust. [10 Marks]

[Total Marks 20]

3. Discuss the powers and duties of a trustee as known in the Laws of Uganda? [20 Marks]
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4. Under what circumstances would the courts in Uganda and also in the British Commonwealth grant a remedy
of SPECIFIC PERFORMANCE? [20 Marks]

5. Write short notes on the following:

(a) Perpetual Injunction. [05 Marks]

(b) Equity follows the law. [05 Marks]
(c) Precatory Trust. [05 Marks],
(d) Equitable Estoppel. [05 Marks],

Total Marks. [20 Marks]

6. Compare and contrast a Trust with:

(i) A Debt. [05 Marks]
(ii) Contract. [05 Marks]
(iii) Agency. [05 Marks]
(iv) Bailment. [05
Marks] [Total
Marks 20]
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 [Total 20 Marks]

Now that you have completed this course there are some areas of the law of Equity and
Trusts which you may recommend for reform. In what areas would you recommend
reforms? [20 Marks]