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Legal Research Methods Question Paper
Legal Research Methods
Course:Bachelor Of Laws
Institution: Kenyatta University question papers
Exam Year:2008
KENYATTA UNIVERSITY
UNIVERSITY EXAMINATIONS 2008/2009
FIRST SEMESTER EXAMINATION FOR THE DEGREE OF BACHELOR OF
LAW
LPR 102: LEGAL RESEARCH AND METHODS
DATE: FRIDAY, 28TH NOVEMBER 2008 TIME: 8.00 A.M. – 10.00 A.M.
INSTRUCTIONS:
Answer three questions. Question 1 is compulsory. You will be penalized if you do not answer
question 1.
1.
‘Compassion Without Borders’ a local Non-Governmental Organization has called for research proposals with a view to addressing concerns of high child mortality rates in Laini Saba in Kibera. You have carried out extensive exploratory research and you are determined to present a well thought out proposal in order to attract funding for your project. Draft a proposal which comprises all the requisite elements. (30 marks)
2.
Select any four of the following philosophical foundations/world views and justify why they are relevant in research.
a. Idealism (5 marks)
b. Materialism (5 marks)
c. Metaphysics (5 marks)
d. Metaphysical idealism (5marks)
e. Dialectics (5 marks)
f. Constructivism (5 marks)
3.
Kenya is a member state of the East African Community. A dispute has arisen regarding the nominees to represent Kenya in the East African Legislative Assembly. The senior partner in your law firm has asked you to urgently carry out legal research in preparation for the hearing of the case which is scheduled to be heard shortly. What general categories of sources of law are available to you and what hierarchy if any, would you apply to the said categories? (20 marks)
4.
‘The doctrine of ‘stare decisis’ has long out-lived its usefulness. It has increasingly inhibited the growth of case law and there is urgent need to re- evaluate it’. Discuss. (20 marks)
5.
IN THE COURT OF APPEAL, AT NAKURU (Omolo, Tunoi and O’Kubasu JJA)
Civil Application No 51 of 2001 ( Application for extension of time to file notice of appeal and record of appeal out of time in an intended appeal from the judgment and decree of the High Court at Eldoret ( Nambuye J) dated 12th September 1996 in HCCC No 165 of 1992) RULING This is a reference from the ruling of a learned single judge of this court delivered on 25th September, 2001 whereby, in exercise of his powers under rule 4 of our rules, he refused to grant the applicant extension of time within which to file a notice of appeal in an intended appeal by the applicant. The application canvassed before the learned single judge had been necessitated by the fact that the applicant’s appeal had been struck out by this Court on 21st February, 2001 on the ground that it was lodged out of time. In the exercise of his discretion to enlarge time on such terms as may seem just to him, the learned single judge disallowed the application. He expressed himself thus:- ‘Reliance is placed on RKL5 and RKl6, the two letters. I have read them. Nothing therein supports the view that the file was lost. The ground upon which the application is based is not substantiated. The application fails and is dismissed with costs’ The aforegoing constitutes the background leading to this reference. Mr Kimatta, counsel for the applicant, has argued that the learned single judge improperly exercised his discretion by rejecting the applicant’s application despite the fact that the court file and the entire exhibits went missing immediately after the delivery of the judgment the subject matter of the intended appeal. The loss of the court file was a matter beyond the applicant’s control and, moreover, the delay occasioned therefrom was merely a day. Mr Kimata also argued that the learned single judge only dealt with matters which preceded the striking out of the appeal and not what steps the applicant took thereafter to perfect his appeal. Nakuru Civil Appeal was struck out on 21st February, 2001 for being out of time. The applicant lodged this appeal a week later on 28th February, 2001. Mr Kimata contended that the applicant was not guilty of unreasonable delay in bringing the application and has shown keen interest to have the matter in issue decided by this Court. He averred that the learned single judge erred in shutting out the applicant from the corridors of justice by dismissing his application. It is trite law that the court will not disturb the decision of a judge in the exercise of his discretion except where he has misdirected himself in some matter and as a result arrived at a wrong decision or unless it is manifest from the case as a whole that he was clearly wrong in the exercise of his discretion and that as a result there has been injustice. With great respect to the learned single judge, we conclude without any hesitation, after taking into consideration all the facts of the matter before us, that the learned single judge did not consider all the facts post the striking out of the appeal. This was a misdirection which resulted in the improper exercise of his discretion the consequence of which is an injustice on the applicant. In the result we allow the reference. The applicant is granted leave to file his notice of appeal out of time. This should be lodged within 7 days hereof and the record of appeal shall be filed within 21 days thereafter. The costs occasioned by this reference shall be in the intended appeal in any event.
DATED AT NAKURU THIS 20TH DAY OF SEPTEMBER 2002
SIGNED: JUSTICE OMOLO
JUSTICE TUNOI
JUSTICE O.KUBASU
i)
How would you describe the decision of the learned justices of appeal?
ii)
What was the ratio decidendi of the decision?
iii)
Extract a case brief from the ruling
(20 marks)
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