Reference no: EM133077535

Question 1

Wandera, a Kenyan and Ouma, a Ugandan, live at the border town of Busia. Armed with 2 SMG automatic rifles and pangas, they broke into Biddi Sacco offices and stole Uganda Shs 100 million. As luck was not on their side, they unknowingly dropped their identification documents in the Biddi Sacco offices. They were arrested and taken to Busia Police Station. Since Mr. Kagoda, the Sacco Manager was only interested in the recovery of the money, and the suspects had shown willingness to refund the money, the elders and Local councilors have requested the O.C CID to apply the Samia traditional rules and procedures of reconciliation and compensation. The OC CID is skeptical about the request.

In another development, Okot a prominent and well known businessman in Pachi town, ordered from Maani, a businessman in Kamwe, for two lorries of water melons worth Uganda Shs 5 million.Koti, a shop attendant in Okot's shop eavesdropped heard a phone conversation between Okot and Maani, as Okot's mobile phone was on loud volume. Koti travelled to Kamwe the next day and introduced himself to Maani. He showed Maani his National ID which read Koti, and Maani mistakenly believed him to be Okot with whom he was dealing with in the watermelon business. Koti deposited Shs 500,000 and they agreed that Shs 4,500,000 would be paid on delivery of goods in Pachi. Maani allowed Koti to take the two lorries of watermelons. Koti sold the watermelons at Kirya town, before reaching Pachi town.

The next day, Okot called Maani to confirm the payment and delivery of the watermelons in Pachi town. Maani then told Okot that he (Okot) had taken the watermelons the previous day but Okot informed Maani that he had not travelled away from Pachi town for any business since their telephone conversation.In another scenario, Munta constructed an apartment in Jera town. Bayo an accountant with BF Bank rented the apartment and painted it with weather guard paint at his own cost. Since Munta and Bayo were good friends, they found no need of making a written agreement. Six months later, Bayo was sacked from BF Bank and consequently failed to pay rent. Munta tried to evict him but Bayo refused to give vacant possession, arguing that there was no written agreement outlining details about rent.

In yet another scenario, Tugu a resident of Namu village owns a private mailo land of Kyadondo Block B, plot A. He constructed a commercial building called Tugu Commercial Plaza. He established gardens of cabbages, cassava and yams on one part.
Muyaye who purports to be working with Buganda Land Board now wants Tugu to pay ground rent, arguing that all mailo land in Buganda belongs to the Kingdom. Tugu has refused to pay.

Required:

Raise issues and resolve them

Question 2:

Milky Ltd deals in dairy products. The company off loads dairy products into its retail shop every morning before 6:00 a.m.
One day, the delivery van arrived late and off-loading went beyond 6:00 a.m. On the same morning, Kinomu, together with her 4 year old son, approached Milky Ltd's shop to buy milk. The floor of the main area was being mopped and a large sign of "cleaning in progress" was at the main entrance of the building. When Kinomu and her son reached the shop entrance, Kinomu suddenly slid and fell. Her leg got injured and her reading glasses broke.It transpired that 2 packets of yoghurt had spilled on the floor when products were being carried into the shop. The yoghurt had fallen behind the open door and slowly spilled towards the entrance of the shop. When Kinomu fell, the manager of Milky Ltd led her son from the traumatising scene to the room next to the shop, where old, empty packages were given to him to play with. Unknown to the manager, the packages had metallic objects which cut and injured the boy's hands. Kinomu is convinced that the company was careless and now wants it to cater for the injuries sustained by both of them. Milky Ltd has denied responsibility for the injuries because Kinomu should have been more careful, and the company never invited her and her son to their premises at that time.

On many occasions, Milky Ltd ordered for dairy products from Abaca Dairies through Byona Enterprises, which sometimes delivered the dairy products to Milky Ltd's shop. Milky Ltd always cleared the purchase price for Abaca Dairies upon delivery of the dairy products to its shop. One time, Byona Enterprises got products worth Uganda Shs 500,000 from Abaca Dairies and loaded them as usual on its vehicle, but never delivered them to Milky Ltd. Byona Enterprises had not informed Milky Ltd about the loading of the products and did not inform Abaca Dairies that the products were not for Milky Ltd.

Two weeks later, Milky Ltd received a demand note from Abaca Dairies for payment of Shs 500,000 but Milky Ltd refused to pay, claiming that it never ordered Byona Enterprises to carry out that transaction. It was later discovered that Byona Enterprises had closed and no former employee of the Enterprise was anywhere to be seen.Required:

Raise all issues involved and resolve them

Question 3

Lumonde Ltd deals in making and selling Irish potato chips. Following its recent Annual General Meeting (AGM), it was discovered by Bizi, a shareholder, that Zaka, the company director, had prevented the filing of the company's annual returns on the ground that it would expose company secrets.

Bizi, who was critical on how the company affairs were being conducted, discovered that the dividends at the AGM had been declared out of proceeds from the allotted and paid-up shares to raise capital. Zaka confirmed that the company had spent all its profits on administrative expenses, without the consent of the shareholders. He, however, argued that the dividends declaration had been made in good faith to motivate the shareholders. Bizi feels that Zaka had mismanaged the company affairs.In another development, Mudo, a reknown importer and exporter of goods from South Africa, contracted DCI Ltd for transportation by ship, delivery to be on or before 20 June 2017. One of the terms of agreement was that "time was of essence" as the goods were wanted for mid-year exhibition at Mugogo Hall, between 25 to 30 June, 2017. Due to overwhelming demands for transportation services, the shipment of goods was delayed for 2 weeks. Additionally, mechanical faults of the ship resulted into a further delay of two more weeks, after closure of the exhibition. Although Mudo had accepted to receive the goods, he is demanding for damages from DCI Ltd because he missed the exhibition.

In a related event, Mudo is also conflicting with FF Ltd from which he had bought 400 cartons of apples. The apples had been declared fit for human consumption by health officials in South Africa, and they were carried on the same ship of DCI Ltd. In the contract made with FF Ltd, the apples would be in a good consumption state for at least 3 months after departure from the seller. However, on arrival to Uganda, the apples were condemned as unfit for human consumption by the standards authority. Mudo informed FF Ltd about it but FF Ltd has denied any liability.

Required: Raise and resolve all the issues arising from the facts.

Question 4

Katta is employed as a machine operator at BTS Ltd. The company deals in metal fabrication. The machine operators produce hot metal products. BTS Ltd provides its workers with over-all clothes, boots, sunglasses, and hard plastic gloves. The company deducts Shs 10,000 every month from Katta's salary for the equipment provided by the company. BTS Ltd justifies the deduction basing on high costs of machinery and high power tariffs. Katta's complaint about the deduction compelled management to convene a meeting of all workers. At the end of the meeting, Katta was issued a dismissal letter. All other workers were warned against complaining about flimsy issues.In another incident, Farmers Sacco bought land from Oma, situated at Soro road, Plot 120. When Farmers Sacco started developing the land, they were stopped by Erongot, who sued the Sacco for trespass. He sought a court declaration that he was the registered owner of the land. Lawyers for both parties have opted for alternative dispute resolution and the Assistant Registrar of the High Court has been appointed to mediate in the matter. The Assistant Registrar has given a limit of 30 days to conclude the mediation hearing. Erongot's lawyer is, however, of the view that the period given is inadequate to gather all necessary evidence.

In another scenario, Musa who is employed by K.M Dairies has, of late, revealed a lot of commercial secrets of K.M Dairies to Saku Dairies. This has infuriatedMr. Kaamu, the manager of K.M Dairies, who would like to sue Musa but does not like court process. He is now seeking for an alternative process.

Required:

Raise the relevant issues and resolve them.

Question 5

Vilungu Ltd has been in existence for over three years. Initially, the company's performance was good but for the last two years, it has gone through many challenges.Nzale works as a secretary in the company. Last year, she was given a maternity leave for 45 days following her delivery. Due to complications of delivery, she requested for more days of leave but they were not granted. She was told to choose between resigning and taking only the leave days that had been granted to her.

Another employee, Zipa, a mechanic, who has worked in the works and repair department for a year has never received guidelines about his work nor further training. The department workers were only given overalls for work to protect their clothes from grease and dirt. One day while Zipa was repairing of a machine, his left eye was hit by a flying piece of metal. Due to the intense pain he felt, he accidentally touched some corrosive chemical with his bare hands. The chemical poured onto some new spare parts belonging to Rock Metal Works, a long-time customer of Vilungu Ltd. The chemical damaged the parts. Zipa was taken to hospital for treatment. On recovery, Zipa anticipated to receive compensation for all damages. He was informed that it was his careless action that had resulted into the damage of the parts, for which Rock Metal Works is now demanding replacement.In an effort to overcome liquidity challenges, Vilungu Ltd decided to sell its piece of land to Yokya, a real estate developer. Vilungu Ltd's representative informed Yokya, that the land was a prime piece of land and suitable for real estate development. Subsequently, Yokya agreed to buy the land, signed a contract and paid half of the purchase price. However, Yokya returned two days later after it had rained intensively. He complained that the land was actually a wetland and not suitable for real estate development. He claims that he was tricked to sign a contract for the purchase of land.

Required: Raise relevant issues and resolve them.