Handbook On Land-Rights Interests and Acquisition Processes in Uganda

HANDBOOK ON LAND OWNERSHIP,
RIGHTS, INTERESTS AND

ACQUISITION IN UGANDA
MAY 2018
COVER PIC: Pictures taken in Rwamutonga in 2016. A community of over 250 families
living in a camp after being violently evicted to make way for the construction of an Oil Waste
Treatment Plant.
Handbook on Land Ownership, Rights, Interests
and Acquisition in Uganda
MAY 2018
Handbook On Land Ownership, Rights, Interests And Acquisition In Uganda
TABLE OF CONTENTS
1. THE POLICY AND LEGAL FRAMEWORK RELATING TO LAND
OWNERSHIP, RIGHTS, INTERESTS AND ACQUISITION IN
UGANDA..................................................................................................................2
2. KEY TERMS DEFINED.......................................................................................5
3. LAND OWNERSHIP............................................................................................15
4. KEY CONSIDERATIONS FOR LAND TRANSACTIONS .....................21

a. Rights and Duties of Tenants by Occupancy and Kibanja
Holders....................................................................................................22
b. Right of Spouses to give Consent for Transactions on Family
Land..........................................................................................................23
c. Rights of Beneficiaries to Estates of Persons who die without a
Will..........................................................................................................24
d. Customary Land.....................................................................................25
5. SURFACE RIGHTS ON LAND WITH NATURAL RESOURCES..........29
A Table Matrix below Showing Various Statutes with Provisions that

deal with Access to Land with Mineral Deposits and Other Natural
Resources and Compensation for Surface Rights.............................................31
6. LAND ACQUISITION.......................................................................................39
a. Public Interest Defined.........................................................................40
b. Compensation .................................................................................44
7. LINKAGES BETWEEN LAND AS A PROPERTY RIGHT AND

OTHER HUMAN RIGHTS...............................................................................43
A Table Matrix below Showing Various Statutes with Provisions

around Compensation for Land Rights..............................................................43
8. SELECTED CASES & COURT DECISIONS ON COMPENSATION

FOR LAND ACQUISITION..............................................................................63
9. MECHANISMS TO REPORT VIOLATIONS OF LAND RIGHTS........69
10. FORCED EVICTIONS........................................................................................75

4
Introduction
I n 2016, the Uganda Consortium on Corporate Accountability (UCCA) launched

“The State of Corporate Accountability in Uganda Report.” The report was an outcome
of the 2016 baseline study on the effects and impact of corporate activities on
human rights in Uganda. The baseline was conducted in the areas of Karamoja
within its mining sector, Mukono focusing on Stone quarrying and Hoima and Buliisa
looking at the various activities within the oil and gas exploration. One of the major
issues found across all regions visited, concerned increase in land speculators in light
of natural resource and infrastructural developments, land grabbing and forceful and
illegal evictions. The UCCA team spent considerable time with affected communities
and also conducted follow up meetings and situation analysis in Tororo around the
Usukuru phosphate mining project. Issues of land ownership, interests and acquisition
were recurring from the affected communities in all visited areas. It was noted that
many vulnerable communities living in resource rich areas, and some of the
Community Based Organisations (CBOs) operating there did not fully comprehend
the Uganda land tenure system and legal and policy framework therein. It was noted
that issues of land rights, interests and compulsory acquisition of land remained
illusory within affected communities and various stakeholders working in the regions.
There have been follow up engagements with communities and various stakeholders
around mainstreaming corporate accountability in Uganda. These continuous
engagements entail a critical discussion around land rights and acquisition processes in
Uganda. The UCCA and its partners continue to raise awareness and conduct trainings
with CSOs and CBOs around business and human rights. These engagements also
extend to government standard setting and regulatory agencies around enhancing
corporate accountability in Uganda.
This Handbook is a key resource highlighting Uganda’s land tenure system and the
various policies and legal framework concerning modes of acquiring rights and interest
in land and the requirements that have to be fulfilled for compulsory acquisition of
land by the government. The handbook also briefly reflects on the linkages between
property rights and other human rights and the international guidelines around forced
evictions. Largely, the handbook focuses on the domestic policy and legal framework.
We hope that this handbook will be a useful guide for the various stakeholders to
provide basic guidance on key aspects related to land in a simplified manner. That
ultimately cases of land grabbing arising out of ignorance of these basic concepts will
greatly reduce and to empower communities and different holders of interests in land
to have Free Prior and Informed Consent in all land related transactions.
1
1
THE POLICY AND LEGAL
FRAMEWORK RELATING
TO LAND OWNERSHIP, RIGHTS,
INTERESTS AND ACQUISITION IN
UGANDA
2
The Policy and Legal Framework Relating to Land

Ownership, Rights, Interests and Acquisition in Uganda
a. The Constitution of Uganda, 1995

b. The Land Act, Cap 227 as amended
c. The Land Acquisition Act, Cap 226
d. The Land Policy, 2013
e. The Registration of Titles Act, Cap 230
f. The National Environment Act, Cap 153
g. The Environmental Impact Assessment Regulation, S.I.
No. 13/1998.
h. The Water Act, Cap 152
i. The Mining Act, 2003
j. The Petroleum (Exploration, Development and Production)
Act, 2013
k. The Electricity Act, 1999
l. The Investment Code Act, Cap 92
m. The Road Act, 1964
n. The Access to Roads Act, Cap 350
o. The Traditional Rulers (Restitution of Assets and
Properties) Act, Cap 247
p. The Succession Act, Cap 162
q. The Illiterates Protection Act, Cap 78
r. The Survey Act, Cap 232
s. The National Forestry and Tree Planting Act, No. 8 of 2003
t. The Physical Planning Act, No. 8 of 2010
3
“Land is not a mere commodity, but an essential element for

the realization of many human rights. For many people, land
is a source of livelihood, and is central to economic rights.
Land is also often linked to peoples’ identities, and so is tied
to social and cultural rights.” UN OHCHR
4
2
KEY TERMS
DEFINED
5
2.1 2.4
Land Owner Lawful Occupant
Any Ugandan Citizen who owns or Includes persons occupying land by

holds land under any of the four (4) virtue of the repealed
recognized systems of land holding.
(Section 2 of the Land Act) i) Busuulu and Envujjo Law
of 1928;
ii) Toro Landlord and
2.2 Tenant Law of 1937; and
Tenants by Occupancy iii) Ankole Landlord and
Tenant Law of 19371
These include bona fide and lawful
tenants. They are considered Other lawful occupants include:
tenants of the registered owner of the persons who entered the land with
land which they occupy and are the consent of the registered owner
required to pay annual ground rent. including a purchaser; and persons
(Sections 1 and 31 of the Land Act) who had occupied land as a
customary tenant/Kibanja holder but
whose tenancy was not disclosed or
2.3 compensated for by the registered
Bonafide Occupant owner at the time of acquiring the
leasehold certificate of title. (Section
Any person who before the coming 29 of the Land Act)
into force of the 1995 Constitution
of Uganda, had either occupied and
utilized or developed any land
unchallenged by the registered
owner or agent of the registered
owner for twelve years or more; or
had been settled on land by the
Government or an agent of the
Government, which may include a
local authority for instance local
council chairpersons. (Section 29 (2) of
the Land Act)
1 These laws were repealed by the Land Reform Decree, 1975
6
2.5 2.6
Kibanja Holder Lease
/Customary tenant
Permission to use some one’s land
Persons who had settled on the land with exclusive rights for a period of
in Buganda as customary tenants with three (3) years and above for a
the consent of the mailo land own- specific purpose with agreed terms
er under the Busuulu and Envujjo Law, between the lessor and the Lessee.
1928. A Kibanja holder holds an (Section 101 of the RTA)
equitable interest in mailo land which
can be transferred with consent of a
registered owner. It is worth noting 2.7
that Kibanja is peculiar to mailo land Lessor
found mostly in Buganda.2 The
following are also recognized as A landowner who creates a lease and
Kibanja holders before the law; allows another person (lessee) to use
the land for a specific purpose for a
a. A person who had occupied defined period with exclusive
land as a customary tenant/ Kibanja possession.
holder but whose tenancy was not
disclosed or compensated for by the
registered owner at the time of 2.8
acquiring the leasehold certificate of Lessee
title under the 1975 Law Reform
Decree. A person who is given a lease by a
lessor and is allowed to use the land
b. A successor in title of all for a specific purpose during a defined
persons listed above. (Section 29 (1) of period of time, on specific terms with
the Land Act) exclusive possession.
2 Mugambwa, John T., ‘Principles of Land Law in Uganda’, Fountain Publishers, 2006, Reprint, p.2.
7
2.9 2.11
Exclusive Possession Tenancy
Possession or utilization of land An agreement where a land owner

without interference from the land grants another person permission to
owner for a given period. occupy land and enjoy exclusive
possession for a period below three
(3) years in exchange for rent.
2.10
Sublease Tenants do not acquire an interest in
land but simply enjoy rights to use the
A lease granted by a lessee to a third land for the duration of the
party with consent of the lessor for a tenancy. There are three types of
period of not less than three (3) years. tenants namely: periodic tenancies,
The original lessee becomes the tenants at will and tenants at
sub- lessor and the sub-lessee sufferance.
becomes the lessee. (Section 109 of the
RTA)
8
2.12 2.13
Periodic Tenant Tenant at Will
This refers to a person who enters an A tenant who is in possession of the

agreement with a land owner to land with consent or permission of
occupy his or her land or property, the land owner before the tenancy
enjoy exclusive possession and pay contract is finalized or continues to
rent on a regular periodic basis for stay on the land after the tenancy has
instance weekly, monthly, quarterly, expired prior to its renewal. This
bi-annually or annually.3 A periodic tenant is not entitled to notice to
tenancy is renewable depending on leave the premises but it is prudent to
the agreement between the parties. give them reasonable notice. (Bweya
Steel Works v. National Insurance
Before a periodic tenancy is Company (NIC) (1985) HCB 58)
terminated by either the landlord or
tenant, reasonable notice must be
given depending on the terms of the 2.14
agreement or the period of the Tenant at Sufferance
tenancy, if the agreement is silent
on the notice period.4 For instance a A tenant who remains in possession
weekly tenancy requires notice of one of the land after the expiry of the
week, a monthly tenancy requires tenancy without the consent or
notice of one month5 while a objection of the land owner. This
quarterly tenancy requires notice of tenant is not entitled to notice to leave
three months6 and so on. The only the premises but it is prudent to give
exception to this is an annual tenancy them reasonable notice. (Christopher
which requires notice of six months. Ssebuliba v. AG Supreme Court Civil
Appeal No. 13 of 1991)
3 Bweya Steel Works Ltd v. NIC 1985 HCB 58.

4 Prudential Assurance Co. v. London Residuary (1992) 3 ALLER 504.
5 Queens Club Gardens Estate Ltd v. Bigwell (1942) 1 KB 117.
6 Musumba v. Haji Kasaka (1971) 1 ULR 222.
9
2.15 2.17
Licence Legal interest in land
Permission to enter another person’s This refers to an interest held in land

land for some specific purpose, which by a land owner who has registered
without such authorization would under the Registration of Titles Act
amount to trespass. A licence neither so as to give the world notice of
grants the licensee exclusive his or her ownership8 for instance
possession nor an interest in the land. owners of land in the mailo, freehold
and leasehold tenures who have been
registered.
2.16
Interests and Rights
in land 2.18
Equitable interest in land
An interest relates to ownership which
might be legal (registered owner and This refers to an interest held in land
his or her successors) or equitable (for which has not been registered for
example tenants in occupancy or instance tenants by occupancy,
unregistered land owners). Interests interest of a spouse in family land
are different from rights to land which and a purchaser of land who has not
relate to use of the land for a specific yet been registered as the land owner
purpose with the consent of the land among others. All interests which
owner.7 have not been registered under the
Registration of Titles Act are
equitable interests.
7 Ssesazi Kulabilawo v.Robinah Nalubega Court of Appeal Civil Appeal No. 55 of 2000.
8 Section 54 of the Registration of Titles Act.
10
2.19 2.22
Persons having an Ordinary Residence
interest in land
Refers to the place where a person
All persons who claim an interest in continuously resides and a place
respect of land which the government which such person intends to make
seeks to acquire under the Land his or her home for an indefinite
Acquisition Act including persons period. (Section 38A of the Land Act as
having an interest in an easement amended in 2004)
affecting the said land.9
2.23
2.20 Land from which a
Land Transactions family derives sustenance
These include selling, leasing, Means— (a) land which the family
mortgaging or pledging, subdividing, farms; or (b) land which the family
creating rights and interests for other treats as the principal place which
people in the land and creating trusts provides the livelihood of the
of the land. (Section 3 (2) of the Land family; or (c) land which the family
Act) freely and voluntarily agrees, shall be
treated as the family’s principal place
2.21 or source of income for food.
Family Land (Section 38A of the Land Act as amended
in 2004)
Refers to land— (a) where the
ordinary residence of a family is
situated; (b) where the ordinary
residence of the family is situated and
from which the family derives
sustenance; (c) which is treated as
family land according to the norms,
culture, customs, traditions or
religion of the family. (Section 38A of
the Land Act as amended in 2004)
9 Section 1 (f) of the Land Acquisition Act.
11
2.24 2.26
Caveat Evictions
A document which a person who This means removal of a tenant by

claims an interest in registered land occupancy or Kibanja holder from
registers at the Registry of Lands in land by a land owner. An eviction is
order to stop any transactions from illegal if the lawful or bonafide
being carried out in respect to the occupant or Kibanja holder is
land. A caveat filed by a spouse on removed with a threat or use of
family land is a spousal caveat while a violence without a court order.11 It
caveat filed by a beneficiary is a is also an illegal eviction where the
beneficiary’s caveat. actions of a land owner make it
difficult or unsafe for occupants to
stay on the land so they are forced to
2.25 leave.
Land Grabbing
This means the unlawful and illegal 2.27

taking away of land belonging to an Resettlement
individual or a group of people.10 It
can be on a large scale by wealthy This means movement of individuals
individuals or public, private and or groups of people from one
foreign investors and is usually location to another and providing
characterized by force and violence them with land, shelter and other
against land owners or occupants basic needs.12 It can be on a
regardless of whether it is registered permanent or temporary basis.
land or not registered.
10 Land and Equity Movement Uganda (LEMU) (2009), “How does Land Grabbing Happen?” August 2009.
11 Ministry of Lands, Housing and Urban Development, (2015), “What the Law says on Evictions.”
12 Ministry of Lands, Housing and Urban Development, (2015), “Role of Chief Government Valuer (CGV) of the
Republic of Uganda.”
12
2.28 2.30
Compensation Valuation
This is money paid to a person with This is the process of determining

an interest in land to make up for the the value of land and structures on it.
loss suffered when the government This is a key process during
takes their land through compulsory compulsory acquisition to determine
acquisition. It must be fair and the amount of compensation to be
adequate and should be paid in time, paid to the land owner.
before the land is taken. (MOLHUD,
“Guidelines for Compesation, Assesment
under Land Acquisition,” June 2017)
2.29
Ground Rent
This is money paid annually to land

owners tenants by occupancy and
Kibanja holders. The amount paid as
ground rent paid by tenants by
occupancy and Kibanja holders is
nominal and determined by District
Land Boards with the approvval of
the Minister. Failure to pay ground
rent is the only ground for evicting
tenants by land owners.
13
237. Land ownership.

(1) Land in Uganda belongs to the citizens of Uganda and
shall vest in them in accordance with the land tenure systems
provided for in this Constitution.
(2) Notwithstanding clause (1) of this articlc

(a) the Government or a local government may, subject to
article 26 of this Constitution, acquire land in the public
interest; and the conditions governing such acquisition shall
be as prescribed by Parliament;
(b) the Government or a local government as determined
by Parliament by law shall hold in trust for the people and
protect natural lakes, rivers, wetlands, forest reserves, game
reserves, national parks and any land to be reserved for
ecological and touristic purposes for the common good of
all citizens;
(c) non citizens may acquire leases in land in accordance with
the laws prescribed by Parliament, and the laws so prescribed
shall define a non citizen for the purposes of this paragraph.
14
3
LAND
OWNERSHIP
15
Article 237(1) of the Constitution Freehold land is the most popular for
states that land belongs to the citizens most Ugandans. Leasehold and
of Uganda and Article 26(1) protects customary land can be converted to
the right to own property either freehold land. (Sections 28 and 29 of the
individually or in association with Land Act)
others for instance groups of people
who hold land communally. b. Mailo Tenure is land held by
a land owner which has its roots from
The citizens of Uganda hold land the 1900 Uganda Agreement and
under four (4) tenure systems namely 1928 Busullu Envujjo Law. It is mainly
Freehold, Mailo, Leasehold and in the Buganda region,
Customary. (Article 237 (3) of the 1995 currently central Uganda. Both the
Constitution of Uganda and Section 2 of land owner registered on the
the Land Act) certificate of tittle and tenants by
occupancy and Kibanja holders have
a. Freehold Tenure refers to interests on this land.
land held/owned by an individual
registered on the certificate of title Mailo land owners have the same
as the land owner for life. There are rights as freehold land owners, but
no tenants by occupancy and Kibanja they must respect the rights of lawful
holders on this land. and bona fide occupants and
Kibanja holders to occupy and live on
An owner of freehold has the the land. (Section 3 (4) of the Land Act)
following rights:
In matters of compulsory acquisition
i. Using and developing the
land; of mailo land, the land owner, tenants
by occupancy and Kibanja holders are
ii. Entering into land entitled to adequate and fair
transactions; compensation.
iii. Taking and using
produce from the land;
and
iv. Giving away the land to

any person in a will.
(Section 3 (2) of the Land Act)
16
c. Leasehold Tenure is land which a land owner allows another

person to take exclusive possession for a specific period of three years or
more in exchange for rent. A lease may be created either under a contract
between the parties or by law. The person granted a lease must use the land
for the specific purpose as agreed with the land owner. (Section 3(5) of the
Land Act)
A lease is created by law where;

During the process of compulsory
i) The person granted the lease acquisition of leasehold land by the
dies and his or her successor is government, the law recognizes two
registered as the new lessee; interests over the property in
question:
ii) A non-citizen person or
company which acquires land in i) The rights of the person
Uganda because non-citizens cannot granted a lease; and
own mailo, freehold or customary
land; ii) The interest of the land
owner.14
iii) A Ugandan who holds land
in freehold and mailo tenure loses Therefore, both these parties are
their citizenship, their land entitled to compensation from the
automatically changes to a lease of government in the event of
99 years.13 This is because a compulsory acquisition.
non-citizen can only own land in
leasehold tenure. (Section 40 of the
Land Act)
13 The Land Act as amended in 2004, Section 40 (6)

14 Id., Section 3(5)(a) - (e).
17
d. Customary Tenure is where

the land is owned based on the norms
and traditions of a given society or
community. One can even own land
individually under customary tenure
as long as it has been handed down
from generation to generation using
that society’s customs.15
Special protection is accorded to the

rights of women, children and
persons with a disability to own, Any person, family or
occupy or use customary land. community holding land
(Section 27 of the Land Act)
under customary tenure
In 2015, the government of Uganda on former public land may
introduced Certificates of Customary acquire a certificate of
Ownership (CCOs) for owners of customery ownership in
customary land. A customary land
owner can apply for a CCO as proof
respect of that land.
of ownership of the land. (Section 4 of the Land Act)
This tenure is the most common form

of land holding in Uganda.
15 Id., Sections 1 and 3 (1).
18
A map of Uganda showing the distribution of

the different land tenure systems
Source: Ministry of Land, Housing and Urban Development
19
For the purpose of subsection (2), the spouse shall in every

case have a right to use the family land and give or withhold
his or her consent to any transaction referred to in section
39, which may affect his or her rights.
Section (38A of the Land Act)
20
4
KEY
CONSIDERATIONS
FOR LAND
TRANSACTIONS
21
a. Rights and Duties of 5. They must also be given the

Tenants by right of first option to buy the land if
Occupancy and Kibanja the land owner wants to sell the land.16
Holders
6. Where a tenant by
1. Tenants by occupancy have a occupancy or Kibanja holder sells
right to occupy land under the laws of their interest without giving the land
Uganda. owner first option, he or she
commits an offence and loses the
2. They have the right to enter right to occupy the land. (Land
transactions with respect to the land (Amendment) Act 2010)
they occupy with the consent of the
registered land owner, which should 7. A person who buys registered
not be denied on unreason able land which has tenants by occupancy
grounds. (Section 34 of the Land Act). must respect and observe their rights.
3. The law strictly requires 8. He or she must not evict

tenants by occupancy to give the land them except if he or she obtains a
owner first option where they wish to court order of eviction for
sell their interest and vice versa where non-payment of the annual
a land owner wants to sell the land. nominal ground rent. (Section 32A of
This must be on a willing buyer will- the Land Act as amended in 2010).
ing seller basis. (Section 35 of the Land
Act). 9. Similarly, any person who
buys registered land in Buganda must
4. These rights and duties observe the rights of Kibanja holders
extend to Kibanja holders who must on the land.17
also obtain the consent of the
registered owner before selling of
their Kibanja.
16 Marko Matovu & Others v. Mohammed Sseviiri & Others Court of Appeal Civil Appeal No. 7 of 1978 and
Kampala District Land Board & Another Vs. Venansio Babweyaka and Others Supreme Court Civil Appeal
No.2 of 2007.
17 UPTC v Abraham Lutaaya Supreme Court Civil Appeal No. 36 of 1995 cited in Prof. Wavamunno v Sekyanzi High
Court Land Division Civil Appeal No. 27 of 2010
22
10. Tenants by occupancy and 5. Where a spouse of a land

Kibanja holders can also register a owner does not agree to sale of the
caveat at the Registry of Lands where land for example, it will be illegal and
they have reason to suspect that the unlawful.18
registered land owner intends to
enter a land transaction which will 6. Even if a buyer of family
affect their rights and interests. land is unaware that the land owner
(Section 139 of the Registration of Titles has a spouse, the sale is unlawful but
Act). the buyer has the right to claim back
money paid to the land owner.
b. Right of Spouses to
Give Consent for 7. A person who suspects that
Transactions on their spouse who owns family land
Family Land intends to sell the land or enter any
other deals on the land, without their
1. Husbands and wives of permission, can register a caveat at the
owners of family land are entitled to Registry of Lands. This caveat does
occupy this land. not expire.
2. They have the right to access 8. This protection applies to

to, and live on family land.(Section 38A only married couples. Persons who
of the Land Act). live together as a couple but are not
married are not protected.
3. Spouses therefore must give
their consent to all land transactions 9. Therefore, spouses must be
on family land (Section 39 of the Land in a Christian, Civil, Customary,
Act). Islamic or Hindu marriage.
4. These transactions include: 10. Where a married couple has

sale of the land, mortgages or leases separated under the law, they do not
on family land and giving away family benefit from this protection.
land.
18 Inid Tumwebaze v Mpeirwe Stephen & Anor High Court Civil Suit No. 39 of 2010.
23
c. Rights of 5. This can be done by

Beneficiaries to registering a beneficiary’s caveat at the
Estates of Persons Registry of Lands. This caveat does
Who Die Without a Will not lapse except with consent of the
beneficiary who filed it or a court
1. Where a land owner, tenant order.20 (Sections 139 and 144 of the Reg-
by occupancy or Kibanja holder dies istration of Titles Act)
without a will, his or her interest in the
land is inherited by the family. 6. A beneficiary, who is not an
Administrator, can bring a case in the
2. The family must have courts of law to protect his or her
meetings and appoint an interest in the estate of the deceased
Administrator who should apply for or to ensure that the property of the
Letters of Administration to manage deceased is well managed and
and hold the land of the deceased on distributed.21
behalf of the family members.
(Section 26 of the Succession Act)
3. Widows or widowers have

the first priority to apply for Letters
of Administration to administer the
estates of their deceased spouses for
the benefit of the family.19
4. Therefore, a beneficiary of
the estate of the deceased (for
instance children and spouses of the
deceased) has a right to oppose land
transactions entered by the
Administrator if he or she believes
that it affects his or her interests in
the land.
19 Best Kemigisa vs Mabel Komuntale (1999) KALR 829.

20 Teja Singh vs Singh &ors (1957) EA 654.
24
d. Customary Land 2. Customary family land; is where

the head of the family or clan may be
1. For customary land owned said to ‘own’ the land. Its utilization is
by community members, consent of usually controlled by family head,
the community members is required elders, clan heads or a group in its own
for any land transaction while for land well-defined administrative structures.
owned by a family, consent of the The heads are responsible for
spouse and children must be protecting the land and ensuring that
obtained. every family member gets rights to
use some part of the land.
2. Customary land can also be
converted to freehold land where the Family land is inherited within the
owners wish to change it. (Section 9 of family and the management of the
the Land Act) land is passed on from parents to
children and their family members but
i) Types of Customary Land kept within the family.
1. Customary communal land; 3. Individual customary land; is

where persons or communities share where an individual is said to ‘own’
ownership or use of land for land because the land was allocated to
common purpose. A particular group them, to use or own permanently, or
of people in a particular area for they inherited the land, or purchased
purposes like grazing, water source, the customary land as an individual.
and firewood collection, wild fruits This will include the right to allocate
and vegetables, fishing, harvesting potions of the land to the next
honey and white ants, cutting generation.
papyrus etc, communally owns the
land. In most cases, rights to access
this land are
inherited.
21 Israel Kaba v. Martin BanobaMusiga (1996) KALR 25 and Prof. Wavamunno v Sekyanzi High Court Land Division
Civil Appeal No. 27 of 2010.
25
e. Documentation of on behalf of the illiterate must

Land Transactions indicate his or her full name and
address as the writer of that
1. Have an agreement in document otherwise he or she
writing for any transaction (buying, commits an offence (Section 3 and 4
selling, donating or bequeathing) on of the Illiterates Protection Act Cap 78.)
Land. Courts have strictly observed the
same.22
2. Ensure that the right
persons in law i.e an adult who hold f. Contents of a Good
interest in that land sign the Land Agreement
agreement.
1. Names and signature of
3. Ensure that you have copies parties to the land; the buyer and the
of the original agreement. seller has to append their signature
and names to the agreement. All
4. All parties (buyers and parties must sign on each page.
sellers) must sign on all pages of the
agreement. 2. Names and signature of the
witnesses; the persons who can
5. For titled land, conduct a witness and testify to sale has to be
search to ascertain the real owners or present when the sale is being
interest holders in that land. concluded and append their
signatures on the agreement.
6. Where an administrator (s) Witnesses must witness on each page.
are the right ones registered on the
land, ensure that they have valid 3. Land location; where the land
letters of administration to deal in is located, the village, parish, division
the land and where there is more than sub-county, county, and district where
one, all of them sign on the applicable.
agreement.
4. Land size; state in both words
7. Where either the buyer or and figures
seller of the land is an illiterate, the
person writing the agreement for or
22 Kasaala Growers co-operative society vs Kakooza Jonathan & Anor SCC Application No.19/2010.
22 Kasaala Growers co-operative society vs Kakooza Jonathan & Anor SCC Application No.19/2010.
26
5. Describe what is on the Land; this entails what is on the land, e.g.
houses, trees, crops, etc. and state whether they form part of the land being
sold.
6. Date of the sale.
7. Boundaries and neighbors to the land being sold.
8. State the nature or system under which the land is held whether
customary, freehold, or mailo tenure.
9. State the amount of the sale in figures and words or any other means
under which the land is being transacted (consideration)
10. Certificate of translation where either or both of the parties are
illiterate.
11. Finally, if the land is a gift, indicate it.
Source: Ministry of Lands, Housing and Urban Development
27
28
5
SURFACE RIGHTS
ON LAND WITH
NATURAL RESOURCES
29
Surface Rights on Land With Natural Rsesources
• For land with natural resources, the rights of owners and

tenants by occupancy are limited to the surface of the land.
• This includes buildings, crops and trees among others on

the surface of the land.
A person or persons that holds such land can claim for compensation for
their rights to the surface of the land in cases of compulsory acquisition by
the Government.

30
A Table Matrix Showing Various Statutes with Provisions that deal with
Access to Land with Mineral Deposits and Other Natural Resources
and Compensation for Surface Rights
Statute Purpose of the Provision Meaning Rights Challenge

Law affected
The 1995 This law states that Article 244 (1) Where land is discov- The right to own
Consti- all natural of the Constitution ered to have minerals or property.
tution of resources belong provides that the petroleum, it ceases
Uganda to the people and Government has to belong to the land

shall be held by the control of all minerals owner. Ownership
State and petroleum in, on moves to the people
or under, any land or of Uganda and is held
waters in Uganda on and controlled by the
behalf of the people Government.
of Uganda.
31
Law affectd
The This Act governs Section 136 – Right A land owner can The right to This is an ideal
Petroleum the exploration to surface activities graze and cultivate on own property provision since
(Explora- of petroleum in the surface of land. the reality on the
tion, De- Uganda and Section137 – The right to ground is that
velopment processes which Right to sub-surface A land owner can build enjoy quiet once a license is
and Pro- must be taken activities a structure on the land possession granted, the land
duction) before, during and with the consent of of the one’s owner is looked
Act, 2013 after. either the licensee or property at as a trespasser.
the Minister. Right to
This includes the freedom of The challenge is
rights of land The land owner is free movement. that all

owners when a to move on the land movements are
third party is given and do simple activities likely to be seen
a petroleum licence that do not fundamen- as interfering
over their land. tally affect the land. with mining
activities.
The Mining To regulate mining, Section79 Mineral rights co- exist Ownership -The owner or oc-
Act, 2003 mineral (Reasonable exercise alongside other rights. rights. cupier of the land
development and ac- of mineral rights) The owner of the land Exploration and is liable for any
quisition of mineral Section 80 – Right can graze and cultivate mining rights. loss or damage.
rights. to graze stock and on the land while mining -This right is
32
cultivate is ongoing. However, an
arrangement has to be not automatic,
made with the mining the miner can
licensee. easily terminate
it.
The To regulate Section 136 – Right A land owner in an The rights to The consent by
Petroleum petroleum to surface activities exploration or graze stock, the licensee to
(Explora- exploration, development area still cultivate the the land owner
tion, De- development and has the right to graze land and to to exercise all
velopment production and to stock upon or to erect a these surface
and Pro- regulate the cultivate the surface of structure on rights is hardly
duction) licensing and the land insofar as the the licensed ever obtained
Act, 2013 participation of grazing or cultivation land without and the land
commercial does not affect the consent of the owner is looked
entities in petroleum processes licensee. at as a trespasser.
petroleum
activities among
others.
33
Law affectd
The To provide for Section 3(1), (2) The duty to maintain a Right to a Not many people
National sustainable & (3) Every clean and healthy clean and have taken up
Environ- management of person has a right environment includes healthy actions against
ment the environment to a healthy Envi- informing authorities of environment. companies for
Manage- among others. ronment. the activities that may pollutions in their
ment Act, affect this environment. communities
Cap 153 Under Section 3(3) any especially because
person can bring an of reliance on
action in court in public Corporate Social
interest against a responsibilities
person whose activities or from those

omissions that affect the companies.
environment
Section 19 A project developer is Right to a The challenge is
Project brief and mandated to carry out clean and that it is the
environmental and submit a project brief healthy developer who
impact and an environmental environment. pays the experts
Assessment impact Assessment. This to carry out and
helps to show the impact issue a report of
on the environment the the Environmen
project will cause.
34
tal impact
Assessment and
most likely he or
she will influence
the results.
The Roads To provide for Section 2 The minister may by Right to own The challenge is
Act, Cap establishments Declaration of a statutory instrument property that many times
358 of Road reserves Road reserve declare an area bounded (Land) the authorities
and for the by an imaginary line, 50 exceed these 5o
maintenance of feet from the center line feet and center
roads of the road to be a road and usually take
reserve. up people’s land

without
Under Section 3, road compensating
reserves shall be kept clear them.
and no one is allowed to
either plant or build
anything in the road
reserve.
35
Law affected
The To provide for the Section 2 The land Right to own The challenge was
Access to procedure by which Application for owner who seeks to property (land) that land tribunals
Roads Act, a private land own- leave to construct an access were in- operative
Cap 350 er who has no construct an road through Right to own until the matters
reasonable means access road. another person’s property (land) were referred to
of access to a land applies first to of the land Magistrate courts.
public highway that landowner and owner where the
may apply for leave once negotiations There is no com-
access road is to
to construct an fail, he or she pensation made to
be constructed.
access road to a applies to the the land
public highway Magistrates court Right to quiet owner whose land

for an access road. possession of the is taken to
land of the land construct an access
Note; owner through road.
Under Section 6, whose land an
this access road shall access road is to
not exceed 20 feet. be constructed.
23 Practice direction No. 1 of 2006 confers the powers that were given to the Land tribunals, to the Grade 1 and Chief Magistrates courts.
36
One of the 26 Crater Lakes in Fort Portal which the local government gave to a company Ferdsult
for fish stocking and commercial fish farming depriving the community access and a threat to their
livelihood. (Twerwaneho Listeners Club & Others vs Ferdsult Engineering Services Ltd &
Another, HCT-01-MC - 0062 of 2016)
37
ARTICLE 26 (2)
No person shall be compulsorily deprived of property or any interest
in or right over property of any description except where the following
conditions are satisfied
(a) The taking of possession or acquisition is necessary for

public use or in the interest of defence, public safety, public order,
public morality or public health; and
(b) The compulsory taking of possession or acquisition of

property is made under a law which makes provision for
(i) prompt payment of fair and adequate compensation,
prior to the taking of possession or acquisition of the
property; and
(ii) a right of access to a court oflaw by any person who
has an interest or right over the property.
38
6
LAND
ACQUISITION
39
Land Acquisition iii. acquisition for public safety;
The Government can acquire land iv. acquisition for public order;
compulsorily on the grounds of
public interest. The land owners must v. acquisition for public
be paid fair and adequate morality and
compensation before the
Government can take possession of vi. acquisition for public health.
the property. (The Constitution of Ugan- (Article 26(2) (a) of the 1995
da, Articles 26(2) and 237(2)) Constitution)
The Land Acquisition Act provides Land acquisition is in public interest

the procedure of land acquisition in if it is in the general interest of the
Uganda. Land owners who are community, not the particular
aggrieved can go to the courts of law interest of individuals.24
for an appropriate remedy.
b. Compensation
a. Public Interest
Defined Before the government takes
possession of private land it has
In order for the government to acquired, it must pay timely, fair and
acquire private land through adequate compensation to all persons
compulsory acquisition, it must prove with an interest in the land (Article 26
that it is doing so on the grounds of (2) (b) (i) of the 1995 Constitution).
“public interest.”
The compensation must be assessed
Public interest may arise where: at the actual market value of the land
at the time of acquisition.25 Market
i. acquisition is necessary value of the land means the price
for public use; which a willing seller might be
expected to obtain from a willing
ii. acquisition in the interest purchaser at the particular time.26
of defence;
24 B.P. Bhatt and Another Vs. Habib Rajani (1958) EA 536.

25 Abdullah & Others Vs. Collector for City Council of Kampala (1958) EA 779.
26 Puran Chand Vs. Collector under the Land Acquisition Act of 1894 (1957) EA 125.
40
c. Principles of Land iii. Principle of Injurious Affection;-

Acquisition This principle applies where a land
owner suffers injury to the remaining
i. Principle of Equivalence land when part of his or her land is
Compensation should be fair, acquired. This loss or damage must
adequate and timely and must be paid be non-physical and does not include
before the land is taken. The affected any sentimental value such as;
person must not be in left in a worse
off financial position after the (i) Direct, Physical interference or
acquisition than he or she was before. complete obstruction and
ii. Principle of Severance (ii) Loss of view or loss of privacy.

This principle is used when the
government exercises its power to
take part of private property for
public use. If the value of the
remaining property depreciates
because of the intended use by the
government of the land taken, the
owner is entitled to compensation
called severance damage.
d. Compensation for Compulsory Land Acquisition under Laws

of Uganda
One needs to ask the following key questions about compensation in

land matters.
1. What must be done prior to compensation?
2. Who can be compensated?
3. At what value must one be compensated?
4. Can one refuse the compensation offered?
5. What are the complaint procedures in case of unfair

compensation?
41
“Economic and social rights, including the rights to food, housing,

water, health, work and an adequate standard of living, are directly
affected by land management decisions. These decisions can either
ensure the enjoyment of these rights or lead to the weakening of
social safety nets, and thereby hamper the realization of these rights.”
E/2014/86
42
7
LINKAGES
BETWEEN LAND
AS A PROPERTY RIGHT
AND OTHER HUMAN
RIGHTS
43
Linkages between land as a For instance, upon eviction, in

property right and other human addition to loss of the land and
rights shelter, the victim would lose their
means of production and livelihood,
The right to own property is an adequate location which affects
recognised in the 1995 Constitution their access to the available
of Uganda under Articles 26 and 8A employment options, health facilities,
and Objective XIV of the National educational institutions and clean and
Objectives and Directive Principles safe water in the neighborhood and
of State Policy (NODPSP). consequently, their right to an
adequate standard of living,
Uganda has also ratified the dignity and security.29
International Covenant on
Economic, Social and Cultural Rights
(ICESCR) and African Charter on The linkages between all
Human and Peoples’ Rights (ACHPR)
which affirm this right, stating that it these rights can
may only be encroached upon in ultimately be a major
public interest according to the law.27
threat to the
The Covenant on Economic, Social enjoyment of the right
and Cultural Rights General to life.
Comment No.4 on the right to
adequate housing explains the
linkages between the right to land as
property to other human rights. The
right to land can not be looked at in Overall, the respect, protection and
isolation as a stand-alone right. fulfillment of the right to own
property and adequate housing is
Violation of this right through therefore of utmost importance
forced evictions can result in the given the dire implications of its
infringement of the rights to violations. The linkages between all
adequate housing, health, clean these rights can ultimately be a major
and safe water and food because threat to the enjoyment of the right
they are all integrally linked.28 to life.
27 Article 11, ICESR and Articles 14 and 21 (2), ACHPR.

28 UN Committee on Economic, Social and Cultural Rights, General Comment No.4 on the right to adequate
housing, Paragraph 8.
29 Ibid.
44
45
A Table Matrix Showing Various Statutes with Provisions
on Compensation for Land
Statute Provision Explanation Person to be Value of Complaint
Compensated compensa- procedure
tion
The 1995 Article. 26 (Right Individual owner Individual owner
Consti- to own property OR OR
tution of either individually or Community. Community.
Uganda in association with
(As others.) The citizens are the The land owner or a
Amended) primary owners of holder of an interest
Article.237(1)- Land land. in land

belongs to the
Ugandan citizens
Article 237(2) The Central or Local The holder of an

Government can own interest in land,
land in public interest proprietary or
and in trust for the otherwise.
people.
46
The Land Section. 5(1) all persons The persons Land owners Current One can appeal
Acquisition claiming an interest in owning an market value against the award
Act. land have a right to claim interest in the of the land. by way of objection
for compensation. land is notified. Land owners to the High court.
Section 3 (3) A copy and persons (s.13)
of the declaration is holding
served to the person to Notice is served different Current
be compensated i.e the to owners of interests in the market value. Appeal to court by
Registered owner, the interests in the land way of objection
controlling authority or land for them to
the occupier. follow up
compensation.
The Mining Section 81 - A holder The owner or The owner or The market Complain to the
Act, 2003 of a mining lease who lawful occupier lawful occupier value of the arbitrator if one is
acquires exclusive of the land is of the land land upon not compensated
possession may compensated in which damage or is dissatisfied
compensate the land accordance with has occurred with the value of
owner or lawful occupier the terms of the the compensation.
of the land in accordance lease. [Section 82(2)]
with the terms and
duration of the lease.
47
Compensated compensa- procedure
tion
Section 82 The holder of The land owner The market Refer the
Compensation for distur- a mineral right or lawful occu- value less the matter for
bance rights. compensates the pier. value of arbitration before
land owner or developments an arbitrator.
occupier for NOTE: or The claim for
such things as The holder of improvements compensation is
trees, crops and state grant land by the holder only enforceable
buildings shall not be of a mineral if it is presented
damaged. compensated. right within a period of
one year from the

date on which the
act occurred.
Section 98 share in the The land owner Government, The share is as Refer the matter
royalties. or occupier gets local Govern- per the second for arbitration
a share of the ments, owners schedule to the
gross value of and lawful Act.
minerals based occupiers all
on the prevailing have a share in
market price of the royalties.
48
minerals. [Section 98 (2)]
Section. 61 Inquiry into Section 82 - The Persons en- Compensation Refer the matter
disputes. Commissioner gaged in small at market value. for arbitration
or authorized scale mining.
officer can also
make inquiries
into disputes
relating to
compensation
under small scale
mining.
The Section. 27 - A licensed busi- An investor Compensation Section 25 -

Investment Protection in case of ness enterprise with a licensed at current mar- Amicable
Code Act, compulsory must be com- business ket value. settlement through
Cap 92 acquisition. pensated for any enterprise. Compensation negotiations.
interests on the is only paid
land in case of within a period Refer the matter
compulsory land of 12 months for arbitration,
acquisition from the date national and
of taking international.
possession. Apply to the High
court in case you
are dissatisfied with
the arbitration.
49
Statute Provision Explanation Person to be Value of Com-
Compensated compen- plaint
sation procedure
Uganda Vesting wetlands in The challenge is that it The different Market Magistrates
National the state in trust for defeats the Right to ownership interest owners value. Courts
Land Policy Ugandan Citizens of property especially for the in respect of the
without registered land owners land where the
compensating land wetlands are.
owners
Paragraph 3.3 (10) The power to compulsorily The land owner Market Market
Power of acquire land is vested in the value value

compulsory Central Government and local.
acquisition.
Paragraph 3.3(12) The State will consider; The land owner At Market Magistrates
Strategies by the Value Courts
state to handle a) Land should revert to the
compensation during owners in case of failure of
compulsory land compulsory Land acquisition.
acquisition through
amendments b) Limit the central
government’s powers.
50
c) Compensate promptly,
adequately and fairly regardless
of the tenure.
d) Empower local
governments to compensate.
Paragraph 4.8 (57) Government also set strategies The minority

(b) Displaced in respect to ethnic minorities tribe or group
minority groups displaced, to ensure their
from their resettlement and preservation The Government
ancestral lands by of their ancestral homes. should ensure
government action. that pastoral

Paragraph 4.9 (61) The Government should communities
(vi) Compensate the ensure that pastoral displaced from
displaced pastoral communities displaced from their ancestral
communities. their ancestral homes can be homes can be
resettled or compensated. resettled or
compensated.
51
Compensat- compen- procedure
ed sation
other vulnerable The land policy also provides Vulnerable

groups. that there should be adequate communities/
compensation and resettlement groups.
of the vulnerable groups like
persons infected with HIV/
AIDS or persons affected by it.
Paragraph 4.14 In order to find an everlasting The absentee

(82) The Kibaale solution in the lost counties of landlords

Land question. Buyaga and Bugangaizi, The
government was to compensate
the absentee landlords to
redistribute land to the locals
Paragraph 4.16 Government shall compensate Land owners. At market

(88) Access to land land owners for loss of land value.
and investment rights in respect to any land
acquired for investment and in
addition provide benefit sharing
52
agreements with the land
owners.
Paragraph 49 (61) Government shall compensate The pastoral At market
Land rights of Pastoral communities displaced communities value
pastoral by government from their
communities ancestral lands and ensure that
such pastoral lands are
controlled as common property
under customary tenure.
Paragraph 4.12 The vulnerable groups include The different

(75) Land rights of persons who are terminally ill, vulnerable
other vulnerable internally displaced persons communities.

groups. and persons affected by HIV/
AIDS. All the above may make
desperate transfer of their
lands and remain land less.
53
Compensated compensation procedure
Paragraph 4.16 Government can Adequate Government

(88) (iv) Access acquire land for compensation is to put in
to land for investors after due place
investment process and due structures
diligence. and
A long term benefit mechanisms
sharing arrangement is for claiming
preferred to the one off compensa-
compensation for loss of tion.
land.
The Land Section.29 An individual can be a The land owner or Compensation

Act, Cap meaning of bonafide occupant if he a person who holds was supposed
227. Lawful and or she was settled on the interest in the land to be done by
Bonafide land by an agent of given away by the the year 2000 at
occupants Government. [S.29(2)(b)] Government agent the then market
value.
Section 37 Once the land owner The tenant by The value for Complain to
Termination of wishes to terminate occupancy [Section the Magistrates
occupancy occupancy, the occupant 37(4)(c)] developments Courts
54
should be compensated on the land.
Section 41(4) Resources under the land Persons holding Market value Magistrates
How the Land fund shall be used to different Section 41(6) (b) Courts
fund shall be help tenants by registrable principles of Which has
utilized. occupancy to acquire interests compensation power to
registrable interests. Fair market value determine
assessed at disputes
willing buyer relating to
willing seller the
basis.
Compensation
is made before
land is acquired.
Section.41 (6) (e)
pay disturbance
allowance not
exceeding 15%
for land under
customary law.
55
Section 59 - To compile a list of The land owners Market value Magistrates

Functions of the compensation rates. and owners of Courts
District l To compile and the crops and
Land Board maintain compensation buildings.
rates of crops and
buildings of a
nonpermanent nature.
Section.76 This points out what role The land owners Market value Magistrates
Jurisdiction of and powers the District and owners of Courts

District Land land Board and also to the crops and
Tribunals. determine disputes buildings
relating to the amount of
compensation
The Section 139 - A Compensation for any The land owner Fair and Section 139(2)
Petroleum licensee shall pay disturbance of the Land adequate The claim for
(Explora- compensation to owner’s rights and for Compensation inadequate
tion, Devel- the land owner any damage done to the compensation
opment and for Disturbance surface of the land due is made to the
56
Production) Rights. to petroleum activities, chief
Act, 2013
includes compensation Government
for the damage on Valuer within 4
crops and buildings. years.
Section 129 Compensation is paid Any injured or Fair and Sections 132
Pollution to any person within affected person adequate – A person
damage caused due Ugandan Jurisdiction compensation may claim for
to mining activities affected by pollution compensation
from any licensed from a licensee
facility. from a
competent court
or in case of
failure by the
licensee to pay
the decremental
sum, such
person, may
claim for
compensation
directly from
the person who
caused the
pollution.
57
The Water Section 18. Under Section 18(5 The person who Market value The
Act, Cap Compensation (C ) ) the director may will be affected aggrieved person
152 must be paid grant permission to by the may complain to the
to the person any person for construction minister under
affected by the construction of works works section 18(5(d)) in
construction and may require that case the
works. person to make compensation is
compensation to any contrary to article 26
other person. of the Constitution.
Section 22 (1). Section 22(2) the A permit holder The value of the Complain to the
Compensation director may impose affected by the land and minister.
in respect to conditions for any varied permit property
Suspension or permit that has either belonging to affected the
variation of a been varied, another. varied permit.
water permit. suspended or granted
including requiring
compensation of a
permit holder to
another permit holder
58
Section 84. The minister or Under section 91, Market value Section 91(6)
Compensation authority may acquire compensation is appeal to the
in respect an interest in Land or paid to all with minister who shall
to power to any structures after an interest in the consider the appeal
acquire land. payment of land or damaged within 30 days from
compensation as per property. the date of receipt
the Land Acquisition of the notice of
Act and section 91 appeal and under
Water Act. section 93 court may
order the offender
to compensate the
authority as court
may think fit.
The Section 68(3) The licensee shall The Land owner Market value. Section 71(2) lodge
Electricity A licensee pay fair and adequate and owners of the complaint to the
Act, 199 shall do as compensation to all the damaged authority within one
little damage interested persons for property affected year from the date of
to the land any damage or loss by the the incident leading
and the sustained while he or installations. to the claim.
environment she is carrying out Section 71(3) Appeal
and shall pay installations as a user
compensation over another’s land.
to the land
59
owner.
to the Electricity
Disputes
tribunal within
30 days after the
decision is made.
The Sur- Section 23(1) This compensation The owner of the Market Value. Under Section
veys Act Compensation for is made to while Land or other 23(2), a person
Cap 232 trees, fences, bushes clearing boundary property affected dissatisfied with
and standing crops. lines under Section by the Survey. the compensation
22 and 29 where the can either appeal
Government is the to Magistrate
beneficiary. Grade 1 or Chief
Magistrate.
If the application
for survey is moved
by a private person,
that person pays
compensation to
the owner of the
60
affected land.
The Na- Section 85 Power of The court has The state(Central Under section The relevant
tional court to order for power to make an or Local 85(a), the value court.
Forestry Compensation. order as to Government) is up to 5 times
and Tree compensation the value of the
Planting which is paid by the produce in case
Act No. 8 person who the damage was
of 2003. commits offences to for cultivation.
under section 81 of Under section
the act which 85(b) 10 times the
include value of the fees
unauthorized or royalties lost
cutting of trees had the in respect
and defacing forest to the un

boundaries. authorized Act.
61
The Phys- Section 55(4) The owner or The owner or Market Value. Under section
ical Plan- Compensation to occupier of the land occupier of the 48, the aggrieved
ning Act, persons affected by affected by the right affected Land. person appeals
2010 the right of entry. of entry by the first to the
authorized persons Physical planning
from the urban Committees,
authorities is the to the Board
compensated for then finally to
any damage caused. the High court.
This compensation All these appeals

is subject to must be within
obstruction of the 30 days from the
authorized date the decision
officials which is made at every
constitutes an stage.
offence.
62
63
Compensation is key and must be paid to persons with an

interest in the land before the government takes possession,
both physical and legal.
Supreme Court Constitutional Appeal No. 2 of 2014
64
8
SELECTED CASES &
COURT DECISIONS ON
COMPENSATION FOR
LAND ACQUISITION
65
Case Ruling/ Decision/ Comment
Uganda National Roads Brief Facts: The Government acquired land

Authority (UNRA) v compulsorily for purposes of upgrading the
Irumba Asumani and Hoima-Kaiso-Tonya Road. UNRA took
Magelah Peter Supreme possession of the land prior to
Court compensating the deprived persons. This
Constitutional Appeal No. case challenged Section 7 of the Land
2 of 2014 Acquisition Act, 1965, which allowed the
Government to take possession of such land
without payment of prior compensation.
Holding: The Supreme Court of Uganda

stated that Section 7(1) of Land Acquisition
Act which permitted the government to take
possession of private land before
compensation is inconsistent with Article 26
(2) (b) of the Constitution. Compensation
is key and must be paid to persons with an
interest in the land before the government
takes possession, both physical and legal.
Buran Chandmary v The Holding: The market value of land is the

Collector under the basis on which compensation must be
Indian Land Acquisition assessed. Market value of land is the price
Act (1894) 1957 EACA 125 which a willing vendor might be expected
to obtain from a willing purchaser. A willing
purchaser is one who although may be a
speculator is not a wild or unreasonable
speculator
66
Inter freightForwarders Holding: Assessing property at the current

(U) Ltd v East African market value leads to reasonable, fair and
Development Bank just compensation to deprived persons.
Supreme Court Civil
Appeal No. 33 of 1992
Sheema Cooperative Brief Facts: The Claimants were the

Ranching Society & 31 registered owners of land in the Ankole -
Others v the Attorney Masaka Ranching Scheme. The
General High Court Civil Government compulsorily acquired their
Suit No.103 of 2010 land following a policy to restructure the
ranches for the purpose of resettling
landless people. Persons were resettled on
the land without payment of fair and
adequate compensation to the land owners.
Holding: Fair, timely and adequate

compensation must be paid to persons with
an interest in the land at market value upon
compulsory acquisition.
Certain procedures must be followed

before compulsory acquisition can be
lawful. The Government did not do so in
this case. Also, the process of
compensation was not transparent since the
persons affected did not know what was
taking place. They were not approached
to give their views and the award given for
compensation was not disclosed.
67
Uganda Electricity Boars Brief Facts: UEB, a Government

(UEB) v Launde Corporation, entered private land, destroyed
Stephen Sanya Court of trees, crops and building materials and placed
Appeal Civil Appeal No.1 its survey marks and high voltage power lines
of 2000 without the consent of the land owners.
Holding: The Court held that UEB

contravened Article 26(1) (2) and Article 237
of the Constitution by entering and taking
possession of private land without acquiring
it and paying compensation to the affected
parties. UEB should have first notified the
owners of the land before taking over the
land which they did not do.
Esso Standard (U) Ltd v Holding: In situations where there are

Samu Amanu Opio fluctuations of currency, such fluctuations
Supreme Court Civil need to be taken into consideration in an
Appeal No.3 of 1993 effort to arrive at what is adequate fair
compensation.
68
69
70
9
MECHANISMS TO
REPORT VIOLATIONS
AND ABUSES OF
LAND RIGHTS
71
a. Filing Claims in Courts • The only exception is in cases

of Law of fraud (time begins to run when the
fraud is discovered by the
• Any person whose interests claimant) and if the claimant can
and rights to land discussed above prove that they faced a disability and
have been affected can bring a claim were unable to bring the matter
in the courts of law to obtain within this period, in which case, an
remedies. extension of six (6) years is permitted.
• The Court to report to

depends on the value of the land:
i. Grade One Magistrates

Court: Land whose value is UGX.
20,000,000/= (Twenty Million
Uganda Shillings) and below;
ii. Chief Magistrates Court: Land

whose value is UGX. 50,000,000/= c. Filing Claims with
(Fifty Million Uganda Shillings) and Quasi-judicial bodies
below; and
• The 1995 Constitution of
iii. High Court: Land whose Uganda establishes quasi-judicial
value exceeds UGX. 50,000,000/= bodies including the Uganda
(Fifty Million Uganda Shillings). Human Rights Commission (UHRC)
and the Equal Opportunities
Commission (EOC) which are
b. Time period for Land empowered to receive and
Claims in Courts of Law determine complaints of
violation of human rights.
• It is very important to note
that for land matters, affected • The UHRC and EOC
parties whose rights have been handles complaints related to land
violated have a period of twelve (12) such as unlawful and forced evictions
years within which to bring a case to and deprivation of property across
court. (Section 5 of the Limitation Act) the country.
72
d. Local Council Courts e. District Land Boards

and Area Land
1. Every Village, Parish, Town, Committees
Division and Sub-county has a Local
Council Court. These Courts have 1. District Land Boards hold
the power to handle land matters for and allocate public land or land which
land located within their area of is not owned by any individual or
operation. (Section 9 and 10 of the Local authority in their respective districts.
Council Courts Act). (Article 240 and 241 of the 1995
Constitution of Uganda).
2. However, they can only deal
with land disputes where the value of 2. They are also required to
the land is UGX 2,000,000/= (Two compile, maintain and review a list of
Million Uganda Shillings) and below rates of compensation payable in
except customary land where there is respect of crops, buildings of a
no limit on the value of land. nonpermanent nature and any other
(Section 10 of the Local Council Courts thing on the land in their districts.
Act). (Section 59 of the Land Act)
3. The first court in which to 3. Area Land Committees work

report a land complaint is the closely with the District Land Boards.
Village Local Council Court. These
Courts can grant reliefs such as 4. Every Sub-county, gazetted
reconciliation, declaration, urban area and division (for cities)
compensation and damages to the af- has a Committee which advises the
fected persons. (Section 13 of the Local Boards on matters relating to land
Council Courts Act). including ascertaining rights in land.
4. Note that LC III courts are f. Alternative Dispute

not court of first instance in handling Resolution (ADR)
land matters. See several cases Mechanisms
including that of Ruranga Vs. Elec-
toral Commission and Ag, Nalongo What are ADRs?
Burashe Vs. Kejittibwa Magadalena These are dispute resolution
C.A. No. 89 2011 mechanisms that are alternative to
the formal court based litigation
approach.
73
Types of ADR Advantages of ADR

Mechanisms
1. Mediation; generally
referred to as an interest based 1. Saves money because it is
process. Mediation is a structured cost effective.
negotiation, introducing a third party
who assist the persons to settle their 2. Saves time; its completion
dispute. is determined by the parties and the
time they allocate to completing it.
2. Negotiation; This refers to 3. It is user friendly and

the process of working out an offers more control to disputant to
agreement by direct communication reach amicable settlement.
between the parties.
4. Parties have a choice on who
3. Reconciliation; often used to settle the dispute.
interchangeably and indiscriminately
with mediation. An independent party 5. Its process is flexible since
assist the parties to settle their it’s not subject to any written rules of
differences or the parties themselves procedure.
after realizing their mistakes take
initiative to apologize and create peace 6. It fosters reconciliation,
between or among them. peace and harmony
4. Arbitration; an adjudicatory 7. Decision are reached at by

rights based approach where one or the parties who are guided by the
more arbitrators hear adversarial pre- mediator
sentations by each side in the case the
issue a decision based on the facts
and applicable laws. NB. ADR does not apply to
criminal cases for example
5. Counselling and advise; cases that involve forgeries of Land titles
where a person not party to the and other documents of Land ownership.
dispute talks to the aggrieved person
and gives alternatives which can settle
the matter in a peaceful way.
74
Apicture taken in 2016 of children in a makeshift classroom in Rwamutonga IDP camp, after over
250 families were violently evicted off their land to make way for the construction of an Oil Waste
Treatment Plant in Hoima District.
75
“The obligation of States to refrain from, and protect

against, forced evictions from home(s) and land arises from
several international legal instruments that protect the
human right to adequate housing and other related human
rights.”
BASIC PRINCIPLES AND GUIDELINES ON

DEVELOPMENT- BASED EVICTIONS AND
DISPLACEMENT - A/HRC/4/18
76
10
FORCED EVICTIONS
77
a. Forced Evictions Although the national laws of

Defined Uganda do not provide a
comprehensive guidance on forced
The permanent or temporary evictions, there are some guidelines at
removal of individuals, families and/ an international level under the
or communities from the homes and/ Covenant on Economic, Social and
or land which they occupy against the Cultural Rights General Comment
will, without the provision of, and 7 on the right to adequate housing:
access to, appropriate forms of legal forced evictions. They include:
or other protection. (General
comment number 7) i. All evictions must be
carried out in a manner
However evictions carried out by acceptable by law which is
force in accordance with the law compatible with International
and in conformity with International Human Rights Standards and
Covenants on Human Rights do not in accordance with principles of
amount to forced evictions. reasonableness and
proportionality depending on the
b. International particular circumstances.32
Guidelines for Forced
Evictions ii. Prior to carrying out any
evictions, especially those
Due to the relationship between the involving large groups, all
right to land as a property right and feasible alternatives must be
other rights described above, forced explored in consultation with the
evictions are considered an extreme affected persons, with a view to
violation of human rights.30 There avoiding or minimizing, the need
are various contexts in which forced to use force.33
evictions may occur including
decongestion of a heavily populated iii. Legal remedies or
urban area through forced population procedures should be provided to
transfers, development purposes for those who are affected by eviction
instance for infrastructure projects, orders. All the affected individuals
land acquisition for urban renewal have a right to adequate
and renovation among others.31 compensation for any affected
property, both personal and real.34
30 UN Committee on Economic, Social and Cultural Rights, General Comment No. 7 on the right to adequate
housing: forced evictions, Paragraph 2.
31 Ibid. at paragraph 7.
32 Ibid. at paragraph 11 and 14.
78
iv. Evictions should not result in iv. Government officials or their

individuals, families or communities representatives should be present
being rendered homeless or during evictions, especially in cases
vulnerable to the violation of other where groups of people are involved;
human rights. Where affected
persons are unable to provide for v. All persons carrying out the
themselves, the State party must take eviction must be properly identified;
all appropriate measures, to the
maximum of its available resources, vi. Evictions should not to take
to ensure that adequate alternative place in particularly bad weather or at
housing, resettlement or access to night unless the affected persons
productive land is available.35 consent otherwise; and
c. Procedural protections vii. Affected persons should be

which should be provided with legal remedies, and
applied in forced where possible, legal aid to seek
evictions include.36 redress from courts of law.
i. An opportunity should be
given for genuine consultation with “Forced evictions intensify
those affected; inequality, social conflict,
segregation and
ii. Adequate and reasonable “ghettorization,” and invariably
notice should be given for all affected affect the poorest, most socially
persons prior to the scheduled date of and economically vulnerable
eviction; and marginalized
sectors of society, especially
iii. Information on the women, children, minorities
proposed evictions, and, where
and indigenous peoples.”
applicable, on the alternative purpose
for which the land or housing is to be
used, should be made available in -A/HRC/4/18
reasonable time to all affected
persons;
34 Ibid. at paragraph 11 and 13.

36 Paragraph 15 of the Covenant on Economic, Social and Cultural Rights General Comment 7 on the right to
adequate housing: forced evictions.
79
About UCCA
The Uganda Consortium on Corporate Accountability (UCCA) is a Civil Society
Consortium on corporate accountability aimed at enhancing accountability by
corporations, states, international finance institutions and development partners
for violations or abuses of Economic, Social and Cultural Rights (ESCRs).
Currently, the UCCA has a founding membership of four organizations

specializing in different areas of rights protection, including the Initiative for
Social and Economic Rights (ISER), the Public Interest Law Clinic at
Makerere University Law School (PILAC), Legal Brains Trust (LBT) and the
Center for Health Human Rights and Development (CEHURD).
Other UCCA members are Twerwanaho Listeners Club (TLC), Karamoja

Development Forum (KDF), the Southern and Eastern Africa Trade Information
and Negotiation Institute (SEATINI), the Centre for Economic Social and
Cultural Rights in Africa (CESCRA), Buliisa Initiative for Rural Development
Organsation (BIRUDO), Navigators for Development Association (NAVODA),
Ecological Christian Organisation (ECO),World Voices Uganda (WVU), Rural
Initiative for Community Empowerment West Nile(RICE WN), Teso Karamoja
Women Initiative for Peace(TEKWIP), Action Aid International Uganda and
International Accountability Project (IAP).
Chapter image graphics created by Harryarts - Freepik.com

80
UCCA SECRETARIAT
Initiative for Social and Economic
Rights (ISER)
Plot 60 Valley Drive, Ministers’ Village,
Ntinda
P.O. Box 73646, Kampala - Uganda
Telephone: +256 414 581 041
Web: www.iser-uganda.org
81

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HANDBOOK ON LAND OWNERSHIP,

RIGHTS, INTERESTS AND

2. KEY TERMS DEFINED.......................................................................................5

4. KEY CONSIDERATIONS FOR LAND TRANSACTIONS .....................21

5. SURFACE RIGHTS ON LAND WITH NATURAL RESOURCES..........29

A Table Matrix below Showing Various Statutes with Provisions that

7. LINKAGES BETWEEN LAND AS A PROPERTY RIGHT AND

A Table Matrix below Showing Various Statutes with Provisions

8. SELECTED CASES & COURT DECISIONS ON COMPENSATION

9. MECHANISMS TO REPORT VIOLATIONS OF LAND RIGHTS........69

10. FORCED EVICTIONS........................................................................................75

I n 2016, the Uganda Consortium on Corporate Accountability (UCCA) launched

The Policy and Legal Framework Relating to Land

a. The Constitution of Uganda, 1995

“Land is not a mere commodity, but an essential element for

Any Ugandan Citizen who owns or Includes persons occupying land by

1 These laws were repealed by the Land Reform Decree, 1975

Possession or utilization of land An agreement where a land owner

This refers to a person who enters an A tenant who is in possession of the

3 Bweya Steel Works Ltd v. NIC 1985 HCB 58.

Permission to enter another person’s This refers to an interest held in land

9 Section 1 (f) of the Land Acquisition Act.

A document which a person who This means removal of a tenant by

This means the unlawful and illegal 2.27

This is money paid to a person with This is the process of determining

This is money paid annually to land

237. Land ownership.

(2) Notwithstanding clause (1) of this articlc

iv. Giving away the land to

c. Leasehold Tenure is land which a land owner allows another

A lease is created by law where;

13 The Land Act as amended in 2004, Section 40 (6)

d. Customary Tenure is where

Special protection is accorded to the

This tenure is the most common form

15 Id., Sections 1 and 3 (1).

A map of Uganda showing the distribution of

Source: Ministry of Land, Housing and Urban Development

For the purpose of subsection (2), the spouse shall in every

Section (38A of the Land Act)

a. Rights and Duties of 5. They must also be given the

3. The law strictly requires 8. He or she must not evict

10. Tenants by occupancy and 5. Where a spouse of a land

2. They have the right to access 8. This protection applies to

4. These transactions include: 10. Where a married couple has

c. Rights of 5. This can be done by

3. Widows or widowers have

19 Best Kemigisa vs Mabel Komuntale (1999) KALR 829.

d. Customary Land 2. Customary family land; is where

1. Customary communal land; 3. Individual customary land; is

e. Documentation of on behalf of the illiterate must

Source: Ministry of Lands, Housing and Urban Development

Surface Rights on Land With Natural Rsesources

• For land with natural resources, the rights of owners and

• This includes buildings, crops and trees among others on

Statute Purpose of the Provision Meaning Rights Challenge

Uganda to the people and Government has to belong to the land

rights of land The land owner is free movement. that all

person whose activities or from those

reserve. up people’s land

public highway Magistrates court Right to quiet owner whose land

(a) The taking of possession or acquisition is necessary for

(b) The compulsory taking of possession or acquisition of