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LAND LAW Class Lectures

LLB (Islamic University in Uganda)

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LAND LAW
Meaning of land
What covers land
History of land in Uganda
Land Act amended 2004 and 2010
Land ownership derives
The provision establishes a right to property exercised individually or in association with
others. Amooti Godfrey Nyakana V KCCA & Ors Judgement by Bahati Katurebe
The term property in Article 26(1) includes land or landed property (meaning developed
land and vacant land ) Read Phillip Karugaba V Attorney General ( specifically on the
meaning of property)
However, ownership of Land does not entitle the land owner to use the land or cause
developments thereon in any manner that they may wish. The use and development of land
is regulated to the extent that it must conform to the conditions prescribed by the
constitution or any applicable act of Parliament. Ammoti Godfrey V KCCCA & NEMA.
IN TERMS OF land management therefore, there are institutions established by law and
mandated with prescribed functions intended to streamline and harmonize land
management in Uganda. These include the Uganda Land Commission, The District Land
Board, Land Committee and The Office of the Commissioner of registration, inclusive of the
department of surveys and mapping, department of land registration.
Kampala District land board V national Housing and construction cooperation.
Commisioner land registration V Emmanuel Lukwanju,. Supreme court; application for
adducing additional evidence.
In terms of administration of land, other than the department of land administration, other
institutions include the National physical planning board and the physical planning
committees established under the Physical Planning Act 2010 and the National
Environmental Authority (NEMA). In terms of dispute resolution institutions, the land act
established land tribunals whose tenure has since lapsed however land dispute resolution
mechanisms currently include the high court( land division Kampala) and the various high
court circuits in the country. EPIMARC KAGORO V SAMALIEN PROPERTIES LIMITED; Meaning
of High Court. Other institutions include the magistrate’s courts inclusive of the chief
magistrate, Grade 1 and Grade 2 courts as in section 207 of the MCA as amended. The LC
courts also have limited jurisdiction in land dispute resolution guided by the provision of the
local council courts act.

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The Uganda Land Commission.

It is one of the institutions recognized pursuant to Article 239 of the constitution. By virtue
of section 46 (1&2) the Uganda land commission is established as a cooperate body with
perpetual succession with capacity to sue or be sued. . EPIMARC KAGORO V SAMALIEN
PROPERTIES LIMITED Section 49 of the land act describes the functions of the land
commission which include ;
1. Holding and managing land in Uganda which is vested or acquired by the gov’t (this
may not include land acquired by gov’t institutions which have an independent legal
existence for example National Forestry authority, NEMA, URA among others.
NYUMBA YA KYUMA LTD V LAND COMMISION
2. Where applicable to hold and manage any land by gov’t abroad save that
management of such land may be delegated to Uganda’s High commission abroad.
3. To procure certificates of title of any land requested by the gov’t and this includes
mailo land.
Section 53 of the land Act prescribes the powers of the land commission which include;
1. Acquisition by purchase or exchange or holding of any rights including easements
2. It can erect, alter, enlarge or demolish any building on any land held by it.
3. It may sell or lease or otherwise deal with any land held by it. This is only applicable
where the land is registered in its name or where it is the controlling authority over
the land. LUKYAMUZI INVESTMENTS LTD V AG
The Uganda land commission can only grant leases or sell land where it is the registered
proprietor thereof or where the land is public land under its control. ST BENEDICT SS V
MARY NIGHTER & ANOR- Mailo land registered in the name of another and was leased
by Uganda land Board. Court held that Uganda land board can only lease land that is in
its custody.
ASSUMAN MUGENYI V KASSASA BULE
LAWRENCE KITS V BUGISU COPERATIVE
The Uganda land commission must exercise its mandate in compliance with the
constitution or other laws or its decisions can be challenged by an aggrieved party for
being unconstitutional or acting ultra vires. MAKERERE UNIVERSITY V ST MARK. JOHN
TUMWEBAZE V UGANDA LAND COMMISION, NSIMBE HOLDINGS V AG, LEGAL BRAINS
TRUST LIMITED V HASSAN BASAJABALABA & ORS; whether land in which gov’t has an
interest can be leased without the consultation of the Attorney General.

District land boards are recognised under artricle 241 of the constitution but their
functions and powers are prescribed by provisions of the land act. Section 56 of the Land
act provides for the establishment of a District land board in every district and the same
is set up as a body cooperate with capacity to sue or be sued.

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LUKYAMUZI INVESTIMENTS LIMITED V A.G, ULC AND KDBA

The functions of the board are prescribed under section 59 of the land act and include
the following
1. To hold and allocate land in the district which is not owned by any person or
authority. The land in issue is considered to be public land which is not registered in
the names of any other person or entity and which is under the control of the board
as the controlling authority. NB; the D.L.B cannot have registered its name but by
virtue of operation of law ; NYUMBA YA KYUMA V UGANDA LAND COMMISSION.
The district land board is only mandated to allocate land that has not yet been
allocated to any other person by the same board or its predecessor in title.
 The district land board cannot allocate land twice to different persons.
CHARLES NJOKI AMMOTI V KYAZE FRANCIS.
 Where the land has been allocated by the district land board and the allocate
satisfies all the legal requirements creating an interest in their requirements,
the land is not available for further allocation. ANDREW KAWUKYI V
JACKSON SSEMAGGANYI.
 Where the land is a subject of the lease whether granted by the court or its
predecessor in title and the lease expires, the reversionary interest reverts to
the board. KCCA & KDLB V JAMES BWONJI, ADODANTA KIETINYWA V DR
WAKINDA
 Where the lease expires but the lessee remains in possession for a period
that would qualify them as bonafide occupants, the land may not be available
for lease without giving priority to that seating tenant. K.D.L.B & ANOR V
NATIONAL HOUSING COPERATION.
 However, where the lease expires and the seating tenant applies for renew
but before the renewal is accepted, the board authorises the seating tenant
to cause developments on the land, the seating tenant is entitled to insist on
being granted a renew on account of the doctrine of legitimate expectation.
CASE NO. 4 AGANDRU V ENTOMA
 Where the land in issue is occupied by persons claiming interest therein
whether as customary tenants, lawful bonafide occupants, the district land
board must take into account their interests before granting leases to the
applicants. The D.L.B relies on the report of the area land committee. JUSTICE
OWINY DOLLO CASE NO. 9 YOWERI BAMUHINGA V CHRISTINE.
 The district land board is required to facilitate transfer and registration of
land. It does so by notifying the registrar land registration for grant of lease
and requesting title deed to be created.
2. The district land board is mandated to take over the mandates of the lessor in case of
a lease granted by a former authority. Section 59(1) © and 59(8)
JUDGEMENT OF MIKE CHIBITA RUTARO REMMY V OJEJE ABDUL BIN
KAMPALA DISTRICT LAND BOARD & ANOR V VENASIO BAMWEYAKA
KAMPALA DITRICT LAND BOARD V NATIONAL HOUSING

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In the exercise of its mandate, the D.L.B must act in accordance with the constitution
and any applicable statutory law. (should accommodate the right to be heard) PAUL
KAMYA V KAMPALA DISTRICT LAND BOARD; JUSTICE OKELLO

In the performance of its functions, the district land board is independent of the
Uganda Land Commission and shall act without control of any person or authority
but must be alive to the national district land policy and the prevailing circumstances
pertaining customary land in the district. KAMPALA DISTRICT LAND BOARD & ANOR
V VENASIO BAMWEYAKA .

The functions, powers and limitations of the commissioner land registration

The office of the commissioner land registration principally deals with registration of
interests in registered land. The office is the custodian of all instruments and records
relating to registered land and is the office in charge of issuance of certificates of title
whether for mailo land, lease hold or freehold. LUKWANJU EMMANUEL V
COMMISSIONER OF LANDS.
The office has three departments namely
1. The office of titles which principally deals with creation and maintenance of titles
2. The department of land administration which principally deals with public land
3. The department of mappings and survey which principally deals with the survey
of land, issuance of deeds/deed plans.
The office of the commissioner land registration is now decentralised now with
numerous land registries in parts of the country all under the supervision of the
commissioner land registration.
Section 91 of the land act confers powers on the commissioner the powers to rectify
or to cancel any title that has been issued by error, contains the wrong description of
the land or boundaries, is illegally obtained or retained. Prior to this section, the
powers to cancel certificate of title where only vested in the high court.
The powers of the commissioner under section 91 of the land act are restricted to
the grounds set out in section 91(2) implying that the commissioner cannot purport
to cancel the certificate of title on grounds other than those described.
CASE NO. 2 HILDA WILSON NAMUSOKE V
EDWARD GASIZIYA & ANOR V LWAGA STEVEN
Before taking any action under section 91, the commissioner registration is required
to give 21 notice of the intention to take appropriate action to any party likely to be
affected by the decision. That is the mandatory requirement.
CASE NO. 5 STEVEN PEPE V COMISSIONER LAND REGISTRATION.
The commissioner land registration is supposed to issue a notice indicating the basis
upon which the action is founded. The commissioner is required to conduct a public
hearing and must afford the interested party an opportunity to be heard. ASSUMAN

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V UTCL, ZION CONSTRUCTION LIMITED V AZABAHAIRE, SARAH NAKUMBI V

COMMISSIONER LAND REGISTRATION
The public presupposes that the interested or affected parties have been notified of
the intended hearing. The notices must be served at the respective addresses of the
affected parties. CASE; SERAPHIA KYEMA &ORS V MUSOKE KIGUNDU & ORS.
ADMINISTRATOR OF LATE KAGUDDE MUKASA V COMISSIONER LAND REGISTRATION,.
CAROL TURYATEMBA V AG & ULC
The commissioner land registration is entitled to make a decision after the public
hearing and must make reason for the decision. TRANSROAD V COMMISIONER LAND
REGISTRATION. CASE NO. 11 AMINABHALI HAIDERALI & 2 ORS V KDBL & 2 ORS ,
PATEL V COMMISSIONER LAND REGISRTATION, ROSE MARY NARUBENGA V JACKSON
KIKAYIIRA.

LAND COMIITESS
Land committees are established under section 64 of the land act at a sub county or
division level. Their powers are in relation to dealings in public land including carrying
out physical inspection of public land and making appropriate recommendations to
the district land board in respect of applications for allocations for public land.
YOWERI BAMUHINGA V CHRISTINE BAMUGARA ( JUDGEMENT OF ALPHOSE OWINNY
DOLLO)
The establishment, powers and functions of the recorder.
Section 68 of the land act establishes the office of the recorder who is the custodian
of the records relating to customary ownership and certificates of occupancy.
UGANDA ECUMENICAL CHURCH LOAN FUND LTD V NAKABIRWA.
The jurisdiction and forum for determination of land disputes.
The land act had established land tribunals which were mandated to adjudicate and
determine land disputes. This was provided for in section 74-76 but their tenure
expired and the disputes relating to land are now adjudicated by the high court,
magistrates courts and the local council courts depending on the statutory
jurisdiction conferred upon them. OLIVIA SANYU & ANOR V COMMISSIONER FOR
LAND REGISTRATION.
PROTECTION OF FAMILY PROPERTY.
The law recognises security of occupancy of every spouse on family land. Family land
is defined on section 8A of the land act as;
1. one on which is situated the ordinary residence of the family ( a place where a
person resides with some degree of continuity apart from accidental temporary
absences). It is the land by the person to be their home.

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2. Land on which is situated the ordinary residence of the family and from which
the family derive sustenance.
3. Land to which the family freely voluntarily agrees to qualify under the above
afore mentioned two above.
4. Land which is treated as family land according to the norms, culture, custom,
tradition and religion. For example burial grounds.
Land on which family derives suistance means land where the family farms, treats as
a principle place which provides a livelihood and land which the family voluntarily
and freely agrees to be treated as the families principal place or source of income for
food( section 38(4) OF THE LAND ACT NALIMA & 4 ORS V SEBYALA & 4 ORS HCMA
NO. 396/ 2013,
BONNY KATATUMBA V SHUMUK DEVELOPMENT LTD
AGNES BAINOMUGISHA V DFCU
FLORA RWAMARUGU V DFCU BANK LIMITED
IMELDA G. BASUDDE NALONGO V TEREZA MWEWULIZE & ANOR
RE M AN INFANT SCCA NO. 22/94 (ORDINARY RESIDENCE AS A PRINCIPLE)
MONICA KICONCO V NILE BANK LIMITED HCMA NO. 224/2005
Where the land in issue is registered land, it should be registered in the names of one of the
spouses. CASE No. 5 Imelda BASUDDE NALONGO V TEREZA MMWEWULINZE & ANOR.
At the time of the contested transaction, there should be evidence that the spouse was in
occupation of the suit property claimed to be a matrimonial home or family home. This has
to be understood in the context of the phrase ordinarily resident in the property
LAMULATI SANYU NAKANGI V HAJJI ASUMAN JJUMBA 7 ors
The nature essence of protection conferred by spousal consent
Section 38A provides for security of occupancy in favour of a spouse on family land. Under
subsection 2, the security of occupancy prescribed in subsection 1 means a right to access
and live on family land. The law does not create a legal or equitable interest in favour of a
spouse merely on account of marriage. The requirement for spousal consent cannot
therefore form a legal basis for a claim of joint ownership or an equitable interest. This
means that if the property belongs in the names of the wife, then the husband will not claim
joint ownership merely on the fact of being her husband. It follows that the protection
accorded to a spouse is a right of continued occupation and use of the family property and
the right to consent or withhold consent in respect of transactions affecting the family land.
ORYEM DAVID V OMONY PHILLIM. IMELDA CASE. LAMULATI CASE.
A is married to B under a Christian marriage. In 2016, they purchased property in Muyenga
on which they constructed a three bedroom house. In 2018, they indentified a bigger piece
of land in kyanja comprised in kyandodo plot 80 plot 300 measuring one acre. They decided

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to sell their home in muyenga in order to acquire a home in Kyanja. A the wife provided
spousal consent whereas the Muyenga house had been registered in the names of B, the
husband., A had contributed financially to its buying. The proceeds of the Muyega property
were used to acquire the land in Kyanja AND PARTLY to construct the main house. A
financially contributed to finishing of the house in Kyanja. However, the title was registered
in the names of B alone and A had no problem since it constituted their matrimonial home.
In 2021, Unknown to A, B transferred the land into the names of his sister who is currently
the registered proprietor and in late 2021, a dispute arose btn A and B where after his sister
served a notice of eviction between A and B claiming that they should vacate her property.
Qn; what are the rights available to A and the remedies
Can A challenge the transfer of property from B to C
Whether the Kyanja property constituted family property pursuant to Article 38A
Whether the transfer from B to the sister was valid.
Whether A has equitable interests in the property on account of financial contribution.
Resolving Issue 1
Family property is defined under section 38A(4) and further in the case of Boney Mwebesa
Katatumba v Shumuk Springs Development. The suit property is their family ordinary
residence. Ordinary family residence is defined under 38A (4)(d)
Resolving Issue 2
Section of 59 of the RTA states that evidence of title is conclusive evidence of ownership
unless its obtained by fraud (section 77 of the RTA)
Section 39 of the Land Act requires consent in transactions of family property.
 Note that the law has extended the protection beyond matrimonial property
to now family property. This was pursuant to the land amendment act No.1 of
2004. Justice EGONDA NTENDE; AGNES BEINOMUGISHA V DFUC, FLORA
RWAMARUGU CASE; LAMULATI CASE
MEANING OF SPOUSE
The protection by section 38A and 39 is in respect of a spouse. The land act does not define
a spouse. Nevertheless, the term spouse is a legal term that connotes a person who is a
party to a subsisting marriage recognised by the applicable laws. In Uganda, marriage is
regulated by applicable statutes including the marriage act, the customary marriages act and
the marriage and divorce of Mohammedan act. The claimant must therefore prove that they
are married under any relevant marriages in Uganda or they are a party to a subsisting
marriage recognised in a country where the marriage was celebrated CIVIL APPEAL NO. 10
OF 2015 NALUMASI V KASANDE. UGANDA V PETER KATO SESAWO. MICHEAL MULYATI &
ANOR V BATARIGAYA & ORS HCCS 434/2008. OLOWO EDITH & ORS V OLOWO EDWARD &
ORS HCCS NO. 76/2012. OKELLO V AKELLO HC CIVIL APPEAL NO. 84/2020. OLIVE KIGONGO V
HAJJI MOSES KIGONGO

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MARRIAGE may be proved by adducing a marriage certificate issued by the relevant

authorities or other admissible evidence. OWAMONO SHAM V OPPORTUNITY BANNK
The protection extended to the spouse and the requirement for consent does not extend to
children. The land amendment act No. 1 of 2004 discarded consent of children and it is
nologer necessary except with respect to morgates on land customarily owned or
communally owned by the family. Section 7 of the mortgage act. OLLOWO CASE. BUSONYA
& ORS V EBEKE & ANOR HCCA No. 0104/2010
In respect to transactions involving family land inclusive of a sale, exchange, transfer,
mortgage, lease, or giving away any family land inter vivos or entering into any other
transaction in respect of family land NATTY NTARE V EQUITY BANK & ANOR. BONNY
KATATUMBA & ORS V SHUMUK DEVELOPMENT LTD. AGNES BAINOMUGISHA VS DFCU LTD
HCMA No. 0435/2007
Spousal consent must be obtained prior to the conclusion of the transaction or
contemporaneous with the conclusion of the transaction. TROPICAL BANK LIMITED V GRACE
MUHWANA.
SPOUSAL CONSENT must be executed in the prescribed form under the regulations. ALICE
OKIROL V GLOBAL CAPITAL SAVE 2004 Limited HCCS No. 149/2010
The spousal consent will not be required where the land in issue does not fall with in the
meaning of family land. ENGINEER TURINAWE V MOLLY KYOKUNDA TURINAWE & ORS SCCA
No. 18 of 2009jk
Where spousal consent is required for any of the afore mentioned transactions and the
same is not obtained, the transaction is void and of no legal consequence. However, a
purchaser who purchased in good faith has a right to claim their money from whoever they
paid it to. ALICE OKIROL V GLOBAL CAPITAL SAVE
Where the land has been transferred into the names who are in possession, the spouse
whose only right is restricted to security of occupancy cannot claim or sue for recovery of
that land. TUMWEBAZE V MPEIRWE HCCS No. 0039/2010. IMELDA CASE
WHERE the property is claimed by several spouses, the question that arises is that who of
them is supposed to give spousal consent. Section 34 of the land act. NAMAYANJA MARIAM
V STANBIC BANK
ARTICLE 237, SECTION 2 OF THE LA & SECTION 40 OF THE LA
Section 38A (1&2) PROVIDES for security of occupancy meaning the right to have access and
live on family land. In that context, the spouse who lives or utilises the land is the
appropriate spouse from whom consent should be obtained. MARIAM NAMAYANJA V
STANBIC BANK
Where the spouses all live or derive their sustenance from the family land, all of them must
give consent. OLOWO EDITH & ORS V OLOWO EDWARD & ORS.

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The nature of spousal consent.

Section 39 of the land act as amended requires that spousal consent be given/obtained prior
to the conclusion of any or the restricted transactions. The consent is required under 39(2)
to be in the manner prescribed by the land regulations. REGULATION 64 AND FORM 41.
ALICE OKIROL V GLOBAL CAPITAL SAVE LTD (JUSTICE OGULLA)-The consent must appear in
the prescribed form. GRACE KYAMUKUKU V ENGANO MILLERS
SPOUSAL CONSENT should be documented and it should be clear that the contents were
understood by the spouse signing the same. Any claim founded on oral spousal consent is
unlikely to be accepted by the court. ALICE OKIROL V GLOBAL CAPITA; SAVE. AGNES
BEINOMUGISHA V DFCU. TROPICAL BANK V GRACE WELLE
The burden of proof lies on the party claiming that their consent was not obtained to prove
so. NATTY NTARE V EQUITY BANK. ENGINEER TURINAWE V MOLLY KYOKUNDA.
Section 39 of the land act as amended does provide for transactiions that require spousal
consent and these include;
 Selling
 Exchanging
 Transferring
 Mortgaging
 Leasing any family land
 Pledging
 A contract for sale, transfer, pledge, mortgage or lease
 Transaction amounting to giving away family land inter vivos or any other
transaction in respect to family land.
Bonny Katatumba v Shumuk Development limited
TUMWEBAZE V MPEIRWE
However, section 39(4) invalidates any of the aforementioned transactions concluded
without spousal consent save that the purchaser is entitled to recover their money from the
vendor if they transacted in good faith. ALICE OKIROL V GLOBAL CAPITAL SAVE. TROPCAL
BANK V GRACE WERE. IMELDA GETRUDE BASSUDE NALOGO V MWEWULIZE. LAMLATI
SANYU NAKANWANGI V HAJI ASUMAN JUMBA
OWNERSHIP OF LAND BY NON CITENS
Article 237 of the constitution provides that land primarily belongs to the citiziens of Uganda
and shall be owned in accordance with the available land tenure systems SUDDHUR
RUPARELILA V CRANE BANK LIMITED (IN RECEIVERSHIP)
Sectgion 2 of the land Act describes four land systems witty(namely)
 Mail land tenure
 Free hold land tenure
 Lease hold tenure

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 Customary tenure
YOWERI BAMUHUGA V CHRISTINE MUGARA.
It follows from the fore going that noncitizens can only acquire an interest in land in Uganda
in respect of a tenure prescribed by law. Article 237(2)© and section 40 of the Land Act
restrict ownership of land in Uganda in case of non-citizens to lease hold tenure only.
KAGGWA MICHEAL V OLAL MARK & ORS-Justice Stephen Mubiru
Whereas article 26 of the constitution prescribe a right of every person to own property
whether individually or in association with others, that right in the context of non-citizens is
in respect of a lease hold interest. The burden therefore lies on the person whose
ownership is contested on account of being a noncitizen to prove that they are citizens
entitled to hold land under a tenure other than lease hold.
The person must prove citizenship by adducing evidence that they are citizens by birth,
registration or by naturalization as provided in chapter 3 of the constitution and part 3of the
Uganda Citizenship and Immigration Act as amended.
Section 40(1) of the land act provides that a non-citizen may acquire a lease in accordance
with the section. Where the lease is for five years or more, the lease shall be registered in
accordance with the RTA.
A non-citizen shall not acquire a land exceeding 99 years. SUDRIH RUPARELIA V CRANE BANK
LIMITED (IN RECEIVORSHIP). SSEMAKULA SULAIT V COMMISSIONER
Section 40(4) of the RTA bars a non-citizen from acquiring or holding mile or freehold land
therefore any title processed in favour of a non-citizen on mile or freehold land is illegal.
AUDRY MUSIMENTA V EMILY MUGISHA & ORS. FORMULA FEEDS (U) LTD V KENYA
COMERCIAL BANK (BOTH HIGH COURT AND COURT OF APPEAL)
Section 40(1) & (4) are silent on whether a non-citizen can acquire customary land. Non-
citizens cannot acquire customary land because it is held in perpetuity. KAGGWA MICHEAL V
ORAL MARK & ORS.
Citizenship or non-citizenship is a question of law *and fact and must therefore be proved.
MAYIMUNA MUYE AMIN V METROPOLITAN PROPERTIES LIMITED
LAKE SIDE CITY LTD V SAM ENGOLA & ORS
Where any non-citizen held land as a lessee on conversion before the coming into force of
the constitution which lease was governed by the land reform decree, such a person is
deemed to continue to hold a lease for 99 years from first June 1975. MUSISIS GABRIEL V
EDCO LTD & ANOR
Section 40(6) provides that any citizen who holds land under free hold or mail tenure and
who ceases to be a citizen of Uganda shall by virtue of being a non citizen cease to hold land
under mail or freehold tenure and such land shall automatically and without legal
requirement be converted into a lease for 99 years from the date that person ceases to be a
citizen. BAGALYE & ANOR V DAMANICO PROPERTIES LTD.

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Section 40(7)
Article 26(1)&(2)
BARYAMUREBA JAMES V KABAKONJO ABWOORI.
Where a transaction involves va company in Uganda, the law governing the acquisition of
land by non-citizens equally applies. Where the company is incorporated in Uganda and
does not have a close restricting transfer of shares to non-citizens, a company is deemed to
be non-citizen (It is immaterial that the shareholders are all Ugandan citizens.)
BIYINZIKA ENTERPRISES LTD &^ORS V BIYINZINKA FARMERS LTD
COIL LTD V SEMANKULA BAGENDA & ORS
Where the company is limited by shares, such a company will be deemed non-citizen where
the majority shares are held by non-citizens or where the majority shares are held in trust
for non-citizens. SUDHIR RUPARELIA V CRANE BANK IN RECEIVERSHIP.
Where the company is not one of shareholding, whether or not it’s a non-citizen depends on
who holds the controlling interest in the company. Where decision making is made by non-
citizens, the entities deem to be non-citizen. This relates to entities like NGO’S. FORMULA
FEEDS U LTD V KENYA DEVELOPMENT BANK. SECTION 40(7^, 8
The question of citizenship is both of law and fact thus must be proved except where it is
admitted. LAKESIDE CITY V ENGOLA, LAKE SIDE TOWNSHIP V LAKE SIDE CITY.
COMPULSORY LAND ACQUISTION.
Article 237 provides that land in Uganda belongs to citizens to be held in accordance with
the land tenure systems prescribed by law,
Clause 2 of the article recognises ownership of an interest in land in form of a lease in favour
of non-citizens. Article 26(1) of the constitution provides for a right of ownership of property
whether individually or in association with others which plight cannot be taken away except
in accordance with the law. CAROLINE TURYATEMBA V AG & UGANDA LAND COMMISSION
Property in the same article is defined to include land and any or all developments thereon.
PHILIP KARUGABA V AG.
Nevertheless, the constitution recognises the coercive power of gov’t or its agents to
compulsorily acquire land in Uganda. This is described in Article 2(6) of the constitution.
TAREMWA KAMISHINI V AG. Compulsory acquisition therefore means the unrestricted
power of the government to acquire land from any person whether willingly or unwillingly
for as long as such acquisition is in accordance with the conditions precedent set by law.
SHEEMA CO OPERATIVE SOCIETY V AG. HARKS EXPRESS LIMITED V UNRA.
Where there is a dispute as to ownership of the land, govern,ent may apply to court to
deposit the money in court pending determination of the dispute between the owner.
Section 59 of the Civil Procedure Act and order 34 of the Civil Procedure Rules.

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It follows therefore that an owner of land in Uganda cannot successfully object to

compulsory acquisition of their land for as long as such acquisition satisfies the constitution
guarantees set out in Art 26. UNRA V KABUGO STEVEN. STELLA MARIS & ORS V UNRA.
Compulsory acquisition is only lawful where it is for a purpose prescribed under Article 26(2)
of the constitution. BP BHAT & ANOR V HABIB RAJAN. TAREMWA HAMISHANI & ORS V AG.
PHILIP KARGABA V
It is a mandatory requirement that compulsory acquisition be fair adequate compensation
being paid to the owner of the land. SHEEMA COPERATIVE SOCIETY V AG.
The compensation payable to the owner of the land must be based on a proper valuation of
the land that must be sanctioned by the chief government valuer or any other qualified and
satisfied valuer. SHEEMA COPERATIVE SOCIETY V AG. AG V DMW UGANDA LIMITED (The
report of an incompetent valuer has no value and cannot be considered worthy)
The chief government valuer Is empowered to satisfy the value of land for purposes of
government compensation. Even if it is done by a private valuer, it is submitted to the chief
gov’t valuer for confirmation. CHINA ROAD AND BRIDGECORPORATION V WELT
However, where there is a dispute as to whether the value returned by the chief valuer is
adequate, the aggrieved land owner may challenge the value in the high court. The land
owner must engage a satisfied valuer to render an alternative valuation report. HAKS
EXPRESS LIMITED V UNRA. LAW DEVELOPMENT CENTER V DAN WASSWA (What court
considers in arriving at a fair compensation sum)
In arriving at evaluation of the land, the court may consider the developments on the land,
the user of the land, the disadvantages suffered by the land owner including economic loss,
the inconvenience caused to the land owner and their business, the location of the land, the
neighbourhood and the developments thereon, the cost of land in the area among others.
LDC V SERUFUSA
Section 7 of the land acquisition act provides that government may take possession of the
land even before effecting payment of the compensation. The section conflicts with Article
26(2) of the constitution and has been rendered unconstitutional to that extent. UGANDA
ROADS AUTHORITY V IRUMBA ASUMAN & ORS. ADVOCATES FOR NATURAL RESOURCES V AG
The compensation must be exclusive of any minerals which are owned by the gov’t. CHINA
ROAD & BRIDGE COPORATION V WELT, ETOT PAUL PETER & ORS V AG (whether
compensation should be available for a rock) AG V DMW (where the court of appeal
suggests that you don’t value the rock separate from the land)
The compulsory acquisition of land must be affected in accordance with the procedure set
out in the land acquisition act. SECTION 2-7 OF THE LAND ACQUISITION ACT. HARKS EXPRESS
LIMITED V UNRA.
Where there is a dispute as to ownership of the land, government may apply to court to
deposit the money in court pending determination of the dispute between the owner.

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Section 59 of the Civil Procedure Act and order 34 of the Civil Procedure Rules. (inter pleader
proceedings) UNRA V FARIDAH NANTALE & ORS. ASSUMAN IRUGA V AG & ORS.
There are other modes of compensation that may be considered as alternatives to monetary
compensation which may include alternative land or other services. UGANDA PETROLEUM
LIMITED V KCC
The compensation must take into account the injurious affection suffered by the land owner.
LDC V SEBUFUSA DANIEL WASSWA. SHEEMA COPERATIVE SOCIETY V AG. ONEK OBEL &
ANOR V AG. SECTION 42 & 72 OF THE LAND ACT.

The silence however does not mean that the land owner is at liberty to use the land in any
way they desire. AMOOTI NYAKANA V NEMA & ORS.
It follows therefore that the right to use and or develop land in Uganda is regulated and any
use or development which in essence violates the rights guaranteed under the constitution
or use which offends the conditions precedent set by statute is capable of being challenged
and restrained. ZIIWA SALONGO & ANOR V KAFUMBE
Section 43 of the land act as amended imposes an obligation on any person who owns or
occupies land to manage and utilise the land in accordance with the forest act, mining act,
national environment act, water, UWA act and any other law. This implies that land use and
development must comply with the conditions set out under the aforementioned acts of any
other applicable laws.
It is also a requirement of the law under section 45 of the land act that any use of land shall
conform to the provisions of the town and country planning act. However, the same act has
been repealed and replaced with the Physical Planning Act of 2010 as amended. Other
applicable laws include the KCCA act which is applicable to metropolitan Kampala, the
Building Control Regulations of 2020 which are also applicable to Kampala capital city and
the physical planning regulations.
Section 3 of the Physical Planning Act establishes and declares the entire country as a
planning area meaning that the condition set out in the Act maybe invoked in any part of
Uganda to address any physical planning and development issue. It follows therefore that all
physical planning developments in the country are regulated by the physical planning act
and must conform to the conditions under the act. STUART TEGULE V KCCA.
Any development carried out without development approval or permission maybe
restrained on account of noncompliance with the physical planning act or other applicable
planning regulations. MARGARET KATO & JOEL KATO V NALWONGA.
The physical planning act establishes structures for purposes of physical planning and
development including the following;

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1. National Physical Planning Board established under section 4 of the act and its
functions are prescribed under section 6 of the act which include;
Hearing and determination of appeals from the person aggrieved by the decision of any
physical planning committees.
Physical planning and development is decentralised and under section 9 of the physical
planning act, each district is required to establish the District Planning committee. This is
constituted among others a physical planner, District surveyor, the District roads engineer,
the water engineer among others.
The district physical planning committee has functions prescribed under section 10 of the
act including preparation of local physical development plans, recommendations to the
board for development applications or user of land, approval of development applications
relating to housing estates, industrial locations, schools, petrol stations, dumping sites and
sewage treatments. The District Planning Committee also hears appeals brought by persons
aggrieved by the decision of the physical planner or lower local physical planning committee.
The physical planning act also establishes urban physical planning committees in urban areas
in Uganda and these are vested with the mandate to prepare urban and local physical
development plans within their jurisdiction and to determine development applications for
developments within their jurisdiction. They also hear appeals against the decisions of the
urban physical planner or sub ordinate local authorities.
The lowest physical planning body in that Hierarchy is the local physical planning committee
which is established at the sub county level and its functions are prescribed under section 14
of the act which include preparation of local development physical plans and also
recommend approval of local physical development plans to the District planning
committee.
It is a requirement under the law that any physical plan or development shall be subject to
development approval which must be obtained from the appropriate physical planning
committee pursuant to the formal application for development permission. Section 34 & 38
of the PPA. KITGUM MUNICIPAL COUNCIL V SUSAN. MAGRET & JOEL KATO V NALWONGA
KICONCO V HON NAMUGANZA & ORS.
Where a land owner is interested in causing a sub division of their land or consolidating their
land, sub division or consolidation requires physical planning approval. Section 36 of the
PPA.
Where any development is commenced or caused without approval of the physical planning
committee, the committee is empowered under section 32 to prohibit or control the use and
development of Land or buildings and may issue a notice to the developer to show cause
why the development should not be stopped/restrained. Section 32&33 of the PPA. LEGAL
ACTION FOR PERSONS WITH DISABILITY V AG.
Conclusively, where a person causes any development on land without compliance of the
safe guards under the physical planning act, such developments may be demolished or

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orders made for the re-modelling of the premises to suit and conform to the plan of the
area.
The implementation of the provisions of the act is majorly affected by the social, political
and economic realities in Uganda that in one way or another disable the enforcement of the
provisions of the Act.

Land use and Environmental consideration.

Article 26 and 237 of the constitution provide for acquisition and ownership of land in
Uganda. However, the use and development of such land must be in a manner that does not
compromise the environment. Section 44 of the Land act provides that government or a
local government shall hold in trust for the people and protect natural lakes, rivers, ground
water, natural ponds, natural streams, wetlands, forest reserves, national parks and any
other land reserved for ecological and touristic purposes. This implies that any use of land
that compromises the protection of such areas is prohibited.
Section 37 of the physical planning Act provides that where a development application
relates to matters that require an environmental impact assessment to be carried out, no full
approval shall be granted until an environmental impact assessment certificate is obtained
from NEMA. AMOOTI NYAKANA V AG
Article 39 of the constitution imposes a duty on every person to protect and conserve the
environment and to ensure availability of a clean and healthy environment. This in the
context of land use and management implies that any use or development of land must not
be adversely impact on the environment in the area. TEAN V AG. DR BWOGI V LUBAGA
GIRLS SCHOOL.
The National Management Authority is established under the NEMA act and its major
mandate is to regulate and ensure the preservation of the environment in Uganda. It can
also order for demolition of any developments caused on land without approval from it or
may order restoration of land which has been degraded by the land owner. AMOOTI
NYAKANA V NEMA. ASUMAN IRUNGA & ORS V AG. ELIA MUBIRU & ORS V NATIONAL
FORESTRY AUTHORITY.
Conclusively, environmental conservation and protection in Uganda is equally affected by
the social economic realities which have negatively impacted on the effective
implementation of the provisions of the constitution, the land act and the national
environment act.

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