Instructions

Do Five cases only

Argue the case and give your decisions according to the Law applicable.

CASE I:

Fundi who had a well 650 feet deep, made a contract with Dodo to drill another well for

water to the depth of 1000feet. He drilled to the depth of 701 feet and then stopped

because of unexpected rock formation. Dodo claimed that he was entitled to be paid under

his contract. (10 Marks)

Case II:

Mande, acting as agent for his father, made a contract to sell land belonging to his father to

Mbala. Mande did not disclose his agency. Later the father refused to perform the contract

made by the son. Mbala learning of the father's identity as principal, sued him for specific

performance. (10 Marks)

Case III:

Gunzi was an electronics engineer employed by his country/state called FANDE. While

traveling under a work assignment from one district to another, he ran into and injured

Pombo, who then sued the country/State FANDE. The State raised the defence that Gunzi

was not acting within the course of his employment while driving to the new job

assignment. (10 Marks)

Case IV:

JOHN JONES and PHONE PETERS were partners engaged in construction. JONES was killed

at work. His widow made a claim for workmen's compensation. Peters opposed the claim

on the ground that Jones was a partner and not an employee (10 Marks)

Case V:

KANTA acquired possession of property that was stolen. He did not know this at the time

but learned of it later. Upon so learning, he decided to keep the property for himself. He

was prosecuted for receiving stolen goods. He raised the defence that at the time he

"received" the goods he did not know that they were stolen and, therefore, was not guilty of

the offence. (10 Marks)

Case VI:

FRIDAY became acquainted with NANCY who as an employee of SIMBA, did various book

keeping and accounting functions for FRIDAY's petrol station. NANCY soon took over the

management of the business of FRIDAY, in the course of which she defrauded FRIDAY.

FRIDAY sued SIMBA for the loss caused thereby. (10 Marks)