Question
1.(a) Electronic evidence is a means by which the commission of some offences may proved. Required: State five ways of authenticating an e-mail message. (5
1.(a) Electronic evidence is a means by which the commission of some offences may
proved.
Required:
State five ways of authenticating an e-mail message. (5 marks)
(b) Section 3(1) of the Money Laundering (Prohibition) Act provides, inter alia, that
a Financial Institution and Designated Non-Financial Institution shall verify its
customer's identity before opening an account for, issuing a passbook to,
entering into a fiduciary transaction with, renting a safe deposit box to, or
establishing any other business relationship with the customer.
Required:
Explain the mode of verifying the identity of
(i) An individual; and
(ii) A corporate body.
(5 marks)
(c) Sunday is a dealer in Mercedes Benz cars spare parts. He purchased a
carton of piston and rings from Chukwuma, a seventeen-year old shop
assistant of Mr. Emeodi. Chukwuma, who was not in the shop when
Mr. Emeodi brought in the goods, gave Sunday a carton of Nissan car
piston and rings instead of that of Mercedes Benz. Sunday has just
discovered that the goods he bought on credit were not what he ordered
for. His counsel is of the opinion that there was no contract ab initio as
there are vitiating elements.
Required
Advise Sunday on the status of his contract with Mr. Emeodi.
(10 marks)
2.
(a)
Outline ways through which the Supremacy of the Constitution is manifested.
Identify sources of law in your country.
(b)With specific reference to administrative law:
Discuss the difference between "substantive ultra vires" and "procedural ultra vires"
Discuss ways in which the independence of the Judiciary is promoted.
3.(a) Brutus Okeka purchased a radio from Dancing Spoon Ltd. on hire purchase terms. The purchase price was Sh.45,000. He paid a down payment of Sh.5,000 and the balance was to be paid in monthly instalments of Sh.5,000. Brutus Okeka defaulted after consistently paying the required instalments for a period of six months. Dancing Spoon Ltd. promptly repossessed the radio. Brutus Okeka feels aggrieved and seeks your advice.
Analyse the legal principles applicable in the above case and advise Brutus Okeka.
4.(a) Outline six properties of law. (6 marks)
(b) In relation to the sources of law:
(i) Distinguish between an "amendment" and a "repeal" of a law.(4 marks)
(ii) Identify four examples of persuasive precedents.
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