MAKERERE UNIVERSITy SCHOOL OF Law DEPARTMENT OF LAW AND J UNIVERSITY SEMESTER 1 BXAMIN e ODENCE EXAMINATIONS 2022/23 LAWL2108 EQUITY AND TRUSTS THURSDAY, 19™ JANUARY 2023 TIME: 2 PAL - 30 PM, (CTIONS: nisisa CLOSED BOOK examination; candidates are not permitted to refer to any material, wempl a total of FOUR questions only, answering TWO from each section BUT UESTION 3 IS COMPULSORY. = }0 NOT use more than 01 (one) standard ‘ ; answer booklet of 16 pages, tcad all instructions on the answer booklet ON A: With the aid of Case and Statutory law briefly describe three aspects of Capacity to create a Trust and 2 aspects of formalities for creation of a Trust. (25 M Write brief notes on each of the following: a) Incompletely Constitutcd ‘Trusts (10 marks) b) The Rule in Strong Vs Bird ( marks) ¢) Donatio Mortis Causa (10 marks) respected cardiologist in Kampala. She is also the Nabakyala and the -head of Mother’s Union in her parish. Recently she was diagnosed with a li illness and given only 2 months to live, In order to put her matters is order before her death, she planned a vacation to Sipi falls in Mbale with her best friend und business partner Marvin and his wife Mariam. As they sat around the bonfire, she broke to them the sad news about het diagnosis. She then said to Marvin as his wife Mariam listened: “Y ne know story about my secret child Dan. He is only 5 years old and staying with his father's mother, "They are Very poor 1 Goi" want him to sulfer 1 wil-yete nay el et! hove elt oe ey Lamborghini. However, immediately after f die you must sell ivand use the money to pay for ‘Dan's schoo! fees up to advanced secondary level”. At this point she handed fini the car eys to the Lamborghini. as well. as the log book, With Marian still listening, she then “continued telling Marvin “You know the bank details of my standard chartered dollar account You will use that money to make business investments for Dan and to pay tar his university education abroad”. Marvin agreed and tearfully swore to fulfil his best friend's wishes alter she Was dead, One month after returning o Kampala, Nambatya wrote her will and in it she provided as follows in three of the clauses: threatening i, I leave my money worth eight hundred million Uggndan shillings held on my Centenary Bank Account number 000035521 to my beloved husband Musuke Ronald Scanned with CamScannervas soke Martin 21 years, \ s ySyears. Muso! and Pa Wie ee usoke Moses 18yea ae to hold on trGst For histbes sons ek os toga! mother ae Musoke Paul 22 years: nto father's horhe as his wis uh ks thes came co necept mre into tHE FANN in Latalos x a Pe ee sng ad Chartered Dollar Bank “Account Number L leave my money held y S t. He knows what o0HoAS6O2 to my best friend Marvin Lutalo to hold on trust. He ade. ; ton it tf xt day. Unfortunaiely, Nambat She then kept the will in her drawer intending to sign Dea as ui ananiiic ir tya ered heart failure and died that very night pefore she could s ; agvice. They refuse to believe the fami + enhatya’s husband and his sons come t0 you for spent 7 ee Messed fal ‘ ions in a 7 “fies that they eannot get a share of the mi hive aranle ee cow Venature, Morcover, they had heard that that strange ma ee yaar ve heen Nambatya’s secret lover, would be able to get the Lamborgh i ead the dala in ber sant charred vank siecount, They argue this is cleatly foul play because they in same will! « part, Marvin insists on his right to the vehicle and the standard chartered dollar account. + seuss all the legal issues raised and advise Mr Musoke and Marvin. (25 marks). SECTION B: 4y With different examples from the different topics, you have studied in Equity and Trusts this v semester, discuss this semester's course theme/heartbeat/pulse. that the course revolves around fairness, justice. and equality (25 Marks). 5. “...The result of the Judicature Act 1873 was that the practical distinetion between comm law and equity disappeared. However. itis vitally important to understand that the intellee distinction remains... The principles of equity remain subject to their own logic, and comma I . u avs ckaims to their own logic...” Alastair Hudson Q001) Equi s Publishing J.td) at 11. With examples discuss the ee cee aeion a i i i ether of not the same is wn accurate assertion of the proper position ee a i At first blush, it is obvious that they are too vag) do not assert any particular view of the world ora ae one another, e rather like the 7 oes bales should land re poe of any nero and that they Pana a tbe eal (Cavendish Palbishing Ley aR 7. He dete - Alastair oO eM ee and above s Hing wt hei ofthe diferent maxims of equity ise relevance of the study of the a e st i A 7 ; ue said maxims, (25 Bie and decided cases of the com" End. Scanned with CamScannerMAKERERE UNWVERstry SCHOOL OF Law END OF SEMESTER | E -XAMIN BACHELOR OF LAWS Gaon Soa s LAW 2108 ypBR EQUITY AND TRUSTS 28" April 2022, yt! 98" April 2022 Time: 9 am, - 12.30 pan. ygTRUCTIONS: . i Thisis a CLOSED 3 OOK ex, xamination; oe refer to any material, 1; candidates are avt pertanted to Attempt FOUR Questions Que only. Questions FOUR AND compulsory. All Questions carry equal marks. ee Use ONLY ONE st é ‘andard booklet of 16 Read and comply with pages. ie all instructions on the answer booklet Answers that are clearly thought-out, well-structured and authoritatively supported will earn higher matks Question 1, Compare and contrast the following: @) Election and performance (©) He who seeks equity must do equity and he who comes to equity must come with clean hands (©) Impured notice and constructive notice, (@ Trust and power of appointment : (©) Delivery up and cancellation of documents and Anton Piller. Question 2. The study of the Law on Equity and ‘Trusts revolves atound fastness, good conscience and justice. Discuss this stacement highlighting its applicability (0 che doctrines of satisfaction. Question 3. The definition of a trust demonstrates the stark difference between s and oxhet iss i ic i a ap cr! legal concepts such as: a contract, bailment, power of appointment and a powe al concepts a ; attorney. Do you agree? Question 4 (COMPULSORY). season. des Chinese products. He Me. ; businessman dealing in : z 9 is a reknown sman dealin se prel. oe age a uh in a long suevivor’s spezch, he noted that he recently survived death. 3 Scanned with CamScanner~ arrears held by his company (¢) his claimed d businesses, good will (b) his salary Jamages in an ongoing Civil Suit No, 3 wr (a) his endtiemeat in the land he hold v aban ~ Kiruna. The Red Peppes 28 Oo ented wil be held by his wie ‘us wife as joint owners. ae pee a ST hi! childien , who, mippee eae +s benefit (all his mothers’ children (B) 2 < 0 Fee oan erand attended the 48% bithday celeb a arta d nd support orphaned children. He fusther appoints his Luuka to exercise a power of appointment over nis Lee benef with for the benefit of his “Running Group”. Recently he was hospitalized and ig wa coma. Luuka immediately took over everything and refers to himself as the Chairman of the Kirusida ‘Trust. Aggrieved, the family approaches you a8 a star Hquity and Trusts student for advice, Prepare a legal memorandum advising the family on the propnety of Kiranda’s above declarations and Luuka’s actions, contemplatinga trust over: (a) his property, shies duly regi Question 5. The development from century to century of the trust idea is the greatest and most distinctive achievement pecformed by Englishmen in the field of Jurisprudence. It is an institute of great elasticity and generality; as clastic, as general as contract. Per F.W Maitland (1936) Selected Historical Essays in Graham Moffat (2005) Trusts Taw: Text and Materials (Cambridge University Pzess) at 1. Discuss the above statement demonstrating the continued relevance of the study of trusts in Uganda, Question 6 (COMPULSORY). (kello while at Makerere University secured a contract to supply posho to “The Nuner”. Due to bis piessing desire to graduate, he hited an “IT expert” to cue hin 4 degree trom the University. He graduated with “flying colors” and senpt thereafter. Unfortunately for Okello, a friend notified the which then wrote to Kids Nursery demanding that the contract immediately Tx terminated because it “is deating with a fraud”, ‘The Nursery immediately notified Okello of its intention to rescind the contract in 2 days, becnuse it was under a serious mistake that Okello is a good Christian, The — sursery hired a bailiff to willly take over Okeilo’s mother’s kibanja sell it and reco to Okello. ‘The bailiff artived at the Kibanja with @ me atten it, remove any “squatter” and sell it with vacant possession. Nu head teacher, a holder of a diploma in Jaw, further threatened kel ith “q va? i ae aon if Okello was not tepentant. Okello, to save his contract c¢ the Nursery that it clects its money i ergo s its money or met Gol some form of rectifi ey or the bailiff or the contract i <“icationbecause the nursery had constructive notice that he #8 a student at the time of the contract. ad secured his trar Universir cr all money advanced huge grader to Yiwt ote 0 mteoneba ee an nestin Student at Arcadia Advocates, prepare memorndt a fa concerned parties tes, CO to them, dl patties on the possible equitable remedy (fes) a7 Scanned with CamScannerMAKERERE UNIVeRspys SCHO NIVERSrTy AM BACHELOR OF ld | END OF SEMEsteR 1 | pER: LAW 2108 at EQurry AND TRUSTS + pyges December 2, 2019 Times 9, | 29am, — 12, Coe 30pm, i. This is a CLOSED pi i | Ti ‘OOK examination, candidate are ot . . ii, Attempt FOUR Questions in total cha vomonenn f sin i EA i Questions carry equal marks 8 atleast ONE question fom EACH Sec en OnE Standard booklet of 16 pages : ; ‘ad and comply with all instruct fn : Answers that ure o structions on the. answer huoklet, ly thought cori hiiernaes Out, well-structured and SECTION A: Question 1: Do you agree as put by Hegel (1821) that the historical from formal rights owing to moral or other cons content of the law suit...” stuthoritatively supported will volution of “Equity involve (d) x departure ms und (was) concemed primarily with the _ Question 2: Write short notes on the following demonstrating how the Courts of law in Ugands have inthe matters before them: (a) Delay defeats equity (b) Equity follows the law (©) Equity looks to intent rather than the form, (6) Equity will not assist a volunteer (e) Equity acts in personam. Question 3: ; Kirge graduated from Makerere University in 2015 and was handed his enificate and tans Shortly thereafter, However, during en internat investigation. it was revealed tat Kira tay sje imarks in two course units The University decide fo real its eotfieate and trussep Oe Teaming of this, Kirya immediately hired “Kamwe and Co Advocates to imnediy S00 Ot University ftom is intended move. Inthe meantime, Kinja’ employes feat 1 Ws NE conser 2 number of opins i respect of thst eon th ne ae rrseprestatatons” on is dadernic eels ring the mer, Ris paarpresrie about his academic gulifcations and such EB ee in You are an injermship student with Kame and Co sévorais, Py discussing all the possible equitable remedies and WHieh & partes, the eoncested SECTION B: Question 4: athe following lauses Yves Nagirinya died recently and her will ouaites a ~ rai a (s) £30,000 fo her trustees pon tus 19 HV A PT A gn, ‘wish o retreat from life and spend tele time In 28 ‘any persons shit isting ay Scanned with CamScannerpoor employees of her i he children of thy £590,900 tw be Held on trust for the education ofthe named Purposeful Living 5 (e) £500,000 on trust to build and maintain to connect with nature * {@)_ if of the resiury estate to be held on Wu HIT TS cased to Rootless project for the care of the homeless and poor. € hi cl a trons Advise the trustees as to whether these clauses ereate Vale 8 Adyise the (rustees is to s bird sanctuary on the outskirts of Rubaga for residents a bird _sanctua the income applied to the Homeless ang t two years ago,) uestion 5 ; _ ne will of John Kawaida contains (inter atia) the following © a (a) £200,000 to my brother Pombe. in the hope that he will use is ublic sclwols: ; o £200,000 to my trusteus to use the bulk of the income to provide a reasonable income for my housekeeper Freda, and the remainder ofthe ineame 10 ny gardener, Naweza; (c) £10,000 for the upkeep of my pet dogs Bongo and Juitos a {) £300,000 10 my said trustees to use the income for 80 years from my death for providing holidays for employees and ex-employees of my company Teseka Ltd , their spouses and relatives as well as close friends, and thereafter to use the income for the education of my relatives. as they (my trustees) shall sce fit, Advise the trustees as to the certainty issites in making the above dispositions. auSeS: chitdren to traditional Question 6 (a: Cabanas owned shares in Tatu City Lid. In March 2019. he wrote to his son, and a share transfer form transferring the shares to shares on trust for Eric's daughter, Francesca, Eric asked 1 the company *s wtiel ic, enclosing the share stating that Eric was to hold the mt the share transfer form to the company and 1 he be registered asa shareholder, The directors refused to de so, pointing out that, under af association, they had the discretion as o who could be registered as a shareholder. Ene retumed the share ceriticate to his father, who sent it to his other son, Georg telling him thar the shares were a gift to him, Cabanas died in June 2019. Under his will all his property was left to Eric and George was appointed as executor. Ht was discovered that George had not been registervd as a shareholder in Tatu City Ltd and consequently the shares were still registered in Cabanas name. Using relevant authorities, discuss the tegal position in this scenarie indicating who is entitled to the shares.(10 Marks) i Question 6 (tb): Brian Coombes died in a car crash early this week. 1 i es Hl s . His will, et st yeah contained the following clauses: vil, winch had been exeoues all (a) £40,000 t0 my sist (hy Brookside’, iny proy Sally. for the purposes outlined to her, se erly in Magere, 0 my brother, Ben © the reside i iy esate to my cousin, Kyalo, i: rian wrote to Sally asking her 10 hold the cash on t . : mee : a ‘Brookside’ on terms that would be found iresceates S rns i ltr to Be rian id requested ht Ben shoud contact him ty say tht yas willing to dt tn Sagat cage Btaw's death, Ben had not replied, tn his letter to Sally Brian sd, “1 cone epee ear tes contrary”. There has been no response ron, Saly. We te the benetit of his (Ben's) are re hee fo be conveyed to my brother. Ben. ar ‘weeks blond: ‘ ropert Fn rare ° en nei a : Pen esig all her propery to hee childree ee ani Ser state ses (0) and (Adve hi rsa es Ea Davi Ky jen End. Scanned with CamScannerMAKERERE UNIVERStry SCHOOL OF Law END OF SEMESTER 1 EXAMINA‘ BACHELOR OF TIONS 20182019 LAWS (LLB) EQUITY AND TRUSTS gr LAW 2108 : Time: 2 p.m. — 5.30 . oucember 6, 2018 ime: 2 p.m, ~ $.30 pa. a CLOSED BOOK examination; candidates are not permitted w refer 10 This is a © ee FOUR Questions in total choosing atleast ONE question ftom EACH Section, Alt Attempt is ons carry equal marks. ao ee ONLY ONE standard booklet of 16 Be pete 3 y structions on the answer bo ; 4 ees ee ay ane well-structured and authoritatively supported will earn y. Answers that are cle higher marks. LTION ¢ aid of relevant ¢: xr forms of legal relations. 4, With the aid of relevant cases, distinguish trusts from other forms of leg ith the ai ases, ettlor in the creation of e possessed of a seitlor in 4 (a) Discuss the capacity elements that must be possesse or for the creation of a valid trust (©) Discuss the formalities, if any, essential for the creati if of moneys ave a Substantial sum (@) You have been consulted by Chege. She wishes to leav u the gift to appear Bn) eee ae toher long term boyftiend Steve but she does not a a about i. She Hs 0 fends. Pie: wll she doesnot want her husband Julio wo know ato Naney and Tom, whom she says are very disereet an anything else required, carried into effects Advise Chege on how, if at all, her wishes ean be caries (®)You ate also ing created in June 1 a will to Imran, A ida leaves @ Wil . in which Ton! ructed to deal with a case in ck 12 Plot ;, use on Block a ” »ber 2017, cing gO oF the provisions inthe Wi absolutely.” 10 Renta ie 275, Garuga, atthe Pearl Marines to my brother Menyes 21 sclsed Tonda tells Imran he is to hold the house on trust Jor $0! en it until date, im not to open it In June 2018 structing him ov) 18, Tonda hands Imran an envelope inst Scanned with CamScannerhis death, He states that if contained the details of the ‘other person.” In December 3 Vonda died. Imran opened the envelope and discovered Block 12 Plot 275 at the ta, Marina had been left to an illegitimate son. ear angement. Imran on the legal validity of this ed when forming an Express Trust, Advis (c) Discuss the three certainties requir 4 (a) Discuss the exceptions to the rule that equity will not assist a volunteer in resp ofany fwo of the following; a i Donatio Mortis Causa Il. Proprietary Estoppel Ill. The Rue in Strong Vs Bird (1874) L.R.18 Eq.315. (b) Discuss the remedies available to a beneficiary for breach of trust SECTION B: 45. ‘The [arl of Oxford’s case epitomized the conflict between the common law and equity and consequently seeing the steady decline of the applicability of both common law and equity in moder legal systems” Per LLB 1 Student. Is this a fair assessment of the evolution of Equity and its continued applicability in contemporary Uganda? 6. Write short notes on the following demonstrating their continued relevance to the practice of law in Uganda: (a) fhe Judicature Acts of 1873 - 1875 (b)Imputed notice (c) The maxim, “delay defeats equity” (d) Rights in rem. Scanned with CamScannerMARERERE Unpy ERSITY SCHOOL OF Law DEPARTMENT OF L, AW ann JSURISPRUD] UNIVERSITY SEMESTER ( CE XAMINATIONS 2O1LT/8 Et AY 12108 QUIPTY AND TRUSTS WEIN ESMAY, 18" DECI UMBER 2017 TIME: 9AM. -- 12.30 fom; candidates we not permitied 0 cdfer 9 ay Her executors seek your adviee as to whethur she April 2017, * {the following iten ar umba, hee ci but withoit bat end in F ti, Baitment ildren - Molly,,aged 17 vo secret children ~ Molly, a and family for"3$ years, which Jaggwe is paying i e of managing their own {are quite capable of managing are i Fen hoc he wants en 0 > Jaggwe is, 62 years old end of sound.mind, and Paul, aged 2 Molly and Paul are both ‘or. Melly and Paul are doing well at school am ‘airs, Jagewe doesn’t want to just give money " Scanned with CamScanner“use it only far thir education, He could continue to pay for ctirectly but is concerned thal if he becomes incapacitated or dies. wall not be provided for, Advise on the best type of trust te be forts purpose: Suppose, also 1 An inter vivos trust is suggested to provide for the education of the children, {l. That under the proposed trust a substantial sum of money is to be settled on trusi for the purpose of educating Jnggwe’s chil I. ‘That the craft trust instrument has a list of beneficiaries that includes Molly and Paui and directs the trustees to use the income from the fund for the educat of the children bnt provides no other purpose for the use of the income of the fund, IV, That the terms of the trest are not communicated to Chonjn, the itoudcs: toustes belore the creation of the will/trast. \ That Jagewe informed Chonjo of his intefition to create a trent, trustge, hut Chonio remained silent and-did not affirm acceptance, an That apo Jaguwe's death; Chonjo’ sold the trust p hoost hs private busine ito appomt hin perty, and Seetion UB: wv 4A. With reley: “equitabl the plaintiff's rights at law.” 25 marks. Write short netes on the following showing their contimed app! y will not suffer a wrong ta he without a remedy (4) Equity wit de equity: (tv) ne 4 cability 31 OFF Zofiows the aw 6 who comes to equity 7 Hi seoks equity aarulss (7) dhstary Discuss the contiaued marks) End, Scanned with CamScanneryor LAW L208 EQUITY a . THURSDA’ ™ DECE uf Y, 10" DECEMBER 2015 sRUCTION: MAKERERE UNIVERSITY SCHOOL OF LAW DEPARTMEN’ AW AN S) ENT OF LAW AND JURISPRUD. DENCE NIVERSITY S! EMESTER LEX, REEXAMINATIONS 2015/16 XD TRUSTS TIME: 9 A.M. ~ 12.30 2.M. {@) This isa CLOSED Bt ° E GOK examination; candidates are not px are not permitted to reler ta terial, ip) Atempr FOUR g questions onl; {) DO NOT use more tha ‘cuaadetceeen BDONOT ston ol. answering eat ane qian Tom sh oe Wn, {TION A. o} 1 i As. handed a file on the es! who has recen iy two plots of land comps and Mutungo Ke 3 | give to my twin daugl inderstanding that Babine then Nakato can father To Mr. Diligent hundred milion $l this money was £0. g but he never did) each claiming his death they “The respond vf jents are askir mpertect ._ ng the court something e which the equitable Faredition Gihe cout coed 7a ie ee Carson v. 6 Domi ' this eiendy ceeeny Wison 11861] 26 Dominion Law Reports. hat doe rie me o Y of trusts? Briefly explain the exceptions to this principle ‘omarks) " Write short notes on th i Wie he following demonstrating their relevance tothe law of cauty and ‘The relevance/usefulness of constructive trusts {6 marks) Quistclose trust (5 marks) ent Solicitors and Advocates, on your ft day of work, you ate ale of Kiwawa a very wealthy and [ong ‘standing client of the firm ving are some of the gifts in the wil Sant 2, Block 10, and the developments We Or tors Nakato and Babrye On the eh a property fest and ‘ame accident as het an intern with Diligs tly died. The follor ed in; Kolo Plot 22 Bloc! being my favorite and the eldest should 9 tye tne other. Unfortunately Babirye died in the s the Managing partne’ of Diligent Solicitors and Advocates, | give four hillings. (Mr. Diligent Infor you that Kiwawa had privately incicated that go to some person whom tne would disclose t ‘him at an appropriate tne ifferent young jadies have shown up at fe ‘aw ve i id told them in the event of cawawa had promised provide for them an 0 ‘nat gto come to tne firm Diligent doesnt want 2nY share of the money but 'S through the years: Lave Ie provided that unsure who to give it to " To my close friends, in appreciation of !Nely love al Cie 7000.00 = Fase any of my CaS & ety remaining cars {0 pe sold on the OPE? first option to pure! none of them can |, market at prevailing ma" To my Brother Samweri, admired; to enjoy & for the benefit of my family ¢ c buy more tl in one te. efit of my estou 2 has al xet rates for wing diamon ‘encrusted watch that ne has always ive my Bree Fr that he Spould pass on 8 NE — uring nis lifetime Scanned with CamScanneri ne was in critical condition in Mutagg accident, while he w: ton v) It has also emerged eae gave the pretty nurse who euensee a ihe eye to hospital, prior to his er hee ‘she could take the car in the event o iis coat ste ed fonds in cies part of his estate which his close iiends cal ry 000,009 friends ine ia ‘will, Nurse Pretty is insistent on keeping heat tana eae Fe ee i ina authoritative essay, advise Mr. Diligent 2 In a Concise a 2 these gifis, (§ marks each). SECTION B: red into a contract with Milea, a 17 year olg 2 2 hanno ty and urchace of Sirs rant Kenja. dekard Intca ae bath resident in Uganda, Due to a worldwide shortage of sims, the pee have dramatically gone up, prompting Johannes to find another buyer viho has promised to pay twice the price Mica agreed to pay. Jchannes has now refused to supply Milca wath the simsim at the contract price, The Simsim is stil at Johanne’s farm in Naku, Kenya, Milca insists Johannes should perform his part of the contractual obligations. Meanwhile, the government of Uganda has passed a oolicy blocking the importation of nuts. grains and cereals from Kenya because the Uganda Bureau of Standards (UNBS) found excessive levels of aflatoxins that are potentially harmful to human and animal health (10Marks) Advise Milca on the appropriate course of action, Johannes also entered into a separ. contract with Palasso in which Palasso would lease his entire estate to Johannes to enable him engage in large scale farming of agricultural produce, Johannes is Palasso’s personal doctor. Johannes initially bargained for a 99 year tease which Palasso fejected 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, Johannes obtained a freehold esta ownership of land in perpetuity instead of a 49 year leasehold which Palasso had contemplated and actually agreed to lease. Meanwhile, the continuing intention of te Parties throughout execution of the instruments was for leasehold and not freehold ownership. ‘The final agreement ther efore was not aligned to the intentions of the partes trated Palasso seeks to rectify transaction. Advise Palasso on the appropriate course of action, (15Marks) (a) Discus: 3 . jet (10 Re Dsouss ‘he possible defences that can be invoked against any equitable reliel. (2 (b) R: r Sion Is a equitable remedy that wil fo ion i i Mot be available if any of the be under which We t2ble. Long V Lioye (1988) + WLR 753. Discuss the eircums wiveh the remedy may or may not be granted.(15 Marks) SECTION c; 5 “AL its root LEquit t, Equity 1s conce, Circumstances where the oat : Alastair Hudson (2002) & examples, demonst \ Strate the co; ° of fawn Uganda, coo Janda, (25 m: 6. Write short notes on to the study of Equity or a e in ‘0 prevent a defendant from acting unconscion ‘ommMon law would othenwise allow the defendant ee Gully and Trusts (Cavendish) p. 13. With cleat a su) 'd applicability of the above statement I rks). nh rel Guitable maxims demonstrating their continue’ Tusts in, Uganda. (25 marks). Scanned with CamScannerMAKERERE UNIVERSITY SCHOOL OF LAW DEPARTMENT OF LAW AND JURISPRUDENCE UNIVERSITY SEMESTER I EXAMINATIONS 2014/15 PAPER: LAW L2108 EQUITY AND TRUSTS DATE: THURSDAY, 117" DECEMBER 2014. TIME: 9 A.M. - 12.30 P.M, INSTRUCTIONS: (a) This is a CLOSED BOOK examination; candidates are not permitted to refer to any material, (b) Attempt FOUR questions only, answering atleast one question from each section. (¢) DO NOT use more than 01 (one) standard answer booklet of 16 pages (d) All questions carry equal marks (e) Read all instructions on the answer booklet. SECTION A. 1. Critically analyse the nature and scope of the different types of injunctions, which may be granted by court. 2. Equitable remedies are strict and of limited flexibility, Critically evaluate this statement in relation to: (a) Specific performance (b) Rescission (c) Rectification. SECTION B. 3. Write short notes on the following authorities demonstrating ey continued + fevant to the study and practice of Equity and Trusts in Upanda. 0, {1 v. Doulton [1970] 2 W.L.R 111 ra ae Inland Revenue Commissioner (1960) AC. 1. | (c) Blackwell v. Blackwell (1929 RG 38 1874) LR. 18 Ea. : ey Strom a Marriage Settlernent (1910) 2 Ch. 609. t Scanned with CamScanner4 a ful b Peay ata ‘e Okello is a successi! : amacely 100 people. n Okello Limited and employing a ae fat the benefit cf all employees, former business, he sets aside most ee prof be a eae ae employees and their respect ive is. a anes eee Joxcoss profit the trustees are to distribute the sam a i tl 4 rving, but in the event that rite daughtors if the trustees think that they are deser ving, | fa pi oo then the trustees shall definitely pay the eee ere University Mosque. Okello hands to Kato. one of a Bee a 7 sate: cl me pertaining to the business, In which he finds a hand wwplttelt etter a ing him to hold a Plot No. 56 Summit View for “a very special friend of mine”. On learning of these developinents, his wife vows lo challenge the above arrangement, usiness with varic! You are interested in winning over the above business to your firm but have been requested to first advise both Mr, Okello 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. SECTION C. “Equity fastens on the conscience of the conscience of the person who is put to his election and refuses to allow him to take the benefit of a disposition continued in the ae the validity of which is not in question except on certain conditions” i er Buckley 1 in Re Mengel’s W.T. [1962] Ch 791 at 797 Discuss. EITHER: Discuss ic ' Dec ry he Ele dscns operate ot so mush 1 . of property as OF SO ieee rights property in the interest of justice ae way of modifying existing righ's or: @ “When the will precedes the ; if the person making the the settlement itis only necessary to read the settle’! given by my will’ Bue (eee SiO8 had said, ‘I mean this to be in lieu of whet understood as saying Tens, Setlement precedes the will, the testator hae to whom Iam so Sena aa this in lieu of what lam already bound to give, i tha the former presumption” ePEIt’ Ie requires much less to rebut the latter" sak Per Lord Cranworth in Lor 'd Chichest a ews er v, Coventry (1867) L.R 2 HL 71% Scanned with CamScanner