Law at Fingertips

23/09/2023

Dynamics in dealing with a Kibanja: people buying Bibanja(customary holdings) take note; Now one must seek and obtain consent in writing of the landlord. Failure to do so, the transaction is nullity and it can be successfully challenged in courts of law. This has been the position following the amendment of the Land Act. Therefore, any kibanja transaction entered into in violation of section 35 of the Land Act, can lead to one losing the kibanja, nullification of the transaction, payment of a fine, and imprisonment. Always be careful or seek the guidance of a Lawyer to avoid losses. In the case of Kabaka's Land, one should seek the consent from Buganda Land Board.

18/09/2023

Dear friends, I have realized that everyday dealings in land changes dynamics. Recently, Uganda Courts of Law have decided to give a strict interpretation to the principle of "bonafide purchaser for value without notice". Now the principle applies to Titled land only. If you are a purchaser of a kibanja/customary holding, the principle as a defense is not available for you.

Thank you for finding this page useful.

29/07/2021

In today's episode, let's talk about conducting due diligence when buying land in uganda.

Always before one pay-off, his or her money to buy land, Kibanja/unregistered land, or a house, thorough due diligence must be conducted to avoid any unnecessary loss.

One might be asking what am trying to mean by the term “thorough due diligence “. I know many of us think that conducting due diligence means or requires one to search the land registry/office, yes indeed you're right. However, thorough due diligence goes beyond a mere search in the land office.

With the increasing levels of fraud in land transactions, to confirm yourself at least to a level of 90% that you're buying a genuine property with no encumbrance, the following must be considered.

1. Searching the land registry. Many people do this, good. However, a proper search must be conducted by writing an official letter to the Registrar of Titles in the area where the land/property you're buying is located or situated. The Registrar will write back to you officially, and this will help you to have some record in your custody, in case of any unlikely episode. Where possible visit the land office and personally or through your advocate see/peruse the file in the registry to verify by yourself every detail therein. Avoid phone call searches.

2. Contact or inquire from each neighbour surrounding the land you intend to buy, let them tell you whatever information under their knowledge regarding that property or land or plot. After, verify those details with the Local Council (LC).

3. Never underestimate anything that may catch your attention on the land, for example, if there's a small household or uniport, try to verify the status of the occupants in such structures, possibly talk to them, or if you see graveyards interest yourself to know if they belong to the seller in question. Interest yourself to know whether the seller is married or has children.

4. Try to know the likely physical planning of that area, this can be done by officially writing to the Physical Planning Authority in charge of that area, eg KCCA, or any district authority. This can help you to ascertain whether your intended land use will be permissible in the circumstances.

4. If there's any sign of a wetland or the land is likely a swampy area, better to seek more information from NEMA, this will help you avoid risks of NEMA claiming your land as part of the wetland or even demolish your structures in case you have erected one there.

5. Open the boundaries of the plot with the aid of a surveyor to confirm that none of the boundaries of the plot of land is encroached upon or claimed by any third party.

6. In some cases you may need to confirm some details from UNRA or UMEME, if the plot is on the main highways or if some power voltage lines go through the plot. Although this may not be necessary, at some point it guides you as to whether the intended seller/ vendor already sought compensation from those authorities for them to claim an interest in the land.

7. If the land is near a forest you need to seek information from NFA, to know whether the land isn't part of the gazetted forest land.

NB: Not all these processes shall be required at every transaction, each scenario can be treated differently as I have tried to elaborate above, but in most cases, a combination of these processes will be required.

Although this seems to be a lengthy process, it helps to safeguard upon any likely challenge. More so many fraudsters dupe buyers into transactions and later the above challenges arise.

The process being hectic, many buyers tend to avoid them and later land in tricks of fraudsters.

If possible seek the help of Advocates who in most of the time may be in a better position to handle it, however, you can do the same yourself if you have time and the expertise.

With that you can consider yourself safe to a level of at least 90% with the intended transaction, leave the 10% to God.

21/01/2021

As we are approaching the climax of the elections in Uganda, we cannot forget our fellow citizens who lost their lives at the hands of the security officers. No life should be lost because of an election and no rights should be violated because of an election. Gone are the days when leaders had to fight and bloodshed flow to acquire territories. An election if it meets the quality of a free and fair election is a modern way to usher in new leadership or to maintain the status quo with the mandate of the people. This is one of pillars of democracy.

A right to life is one of the many rights an individual must enjoy. This is yet enshrined in the Uganda Constitution. This right can only be taken away with the due process of court, no police officer or army is mandated to shoot and kill citizens.

Many of those who lost their dear ones have on many occasions called upon the government to offer them an apology, thinking that the state is doing them a favour. This is wrong, the state is mandated to protect the citizens and their properties. This protection means to ensure that no single life can be lost innocently. It is under our law that whoever kills another should be indicted on murder charges.

However, as a citizen of Ugand it is your right to sue the state, for any life of your relative lost in the hands of the security. Calling upon the state to offer you an apology, is a sign that you're surrendering your rights to the state. Any compensation from the state will only make sense if ordered by the courts of law. Life is precious for which no amount of money can buy it.

It's important always as a Ugandan to know your rights.

10/07/2020

We offer to answer any legal query, comment or post your question directly and the answer will follow

10/07/2020

"Land Law, and the power of the registrar to cancel title procured out of fraud in Uganda.”

In a judgment delivered on the 25th day of April 2019 in the case of Hilda Wilson Namusoke & 3 Ors v Owalla’s Home Investment Trust (E.A) Limited Supreme Court Civil Appeal No. 15 of 2017, the Supreme Court held that the commissioner of land registration does not have powers to cancel a certificate of title on the ground of fraud. Prior to this judgement, the powers of the Commissioner of Land Registration with specific regard to cancelling certificates of title due to fraud were unclear.

Under the Registration of Titles Act Cap 205 (1964 edition) the Registrar of Titles (now Commissioner of Land Registration) had powers to cancel a certificate of title on the ground that it was acquired through fraud. This position was confirmed in the case of Edward Rurangaranga v Mbarara Municipal Council Supreme Court Civil Appeal No. 10 of 1996.

However, under the 1998 Land Act as amended by the 2004 Land (Amendment) Act, these powers to cancel a certificate of title acquired through fraud were removed from the Registrar. Courts did not uniformly apply the new position of law. While in some cases such as Sulait Ssemakula v Commisioner Land Registration & Ors; C.R Patel v The Commissioner Land Registration & ors, among others courts held that the Registrar of Titles did not have such powers, others insisted on interpreting the provision of the law broadly to include fraud. This application of the law caused confusion and debate until the Supreme Court’s decision in Hilda Wilson Namusoke & 3 Ors v Owalla’s Home Investment Trust (E.A) Limited,



The Supreme Court in an appeal arising from Hilda Wilson Namusoke & 3 Ors v Owalla’s Home Investment Trust (E.A) Limited, unanimously held that the Commissioner of Land Registration does not have powers to cancel a certificate of title on the ground of fraud. The court reasoned;



1. That upon amendment of the Land Act, all the other grounds which empowered the Registrar of Titles to cancel a certificate of title were imported into the land Act save for fraud. The Supreme Court held that the absence of fraud in the new provision was deliberate.



2. That an allegation of fraud is so serious in nature and is required to be specifically pleaded and strictly proved before a court of law.



3. That whereas fraud is not authorised by the law and is therefore an illegality, fraud is a very special type of illegality.



4. Finally the Supreme Court decided that the Court of Appeal erred in relying on its decision in the case of Edward Rurangaranga which was an authority that expounded a statutory provision that was no longer law at the material time.

The Supreme Court decision in Hilda Wilson Namusoke & 3 Ors v Owalla’s Home Investment trust (E.A) Limited is a welcome judgment. The position is now clear, that a Registrar of Titles cannot cancel a certificate of title acquired through fraud. For the certificate of title to be cancelled on the ground of fraud, one must follow due court process. This position brings an end to uncertainty, instability and unpredictability that has surrounded the area of cancellation of certificates of title.

30/05/2020

30/05/2020

What you need to know before buying e Kibanja/Unregistered Land in Uganda.

For a piece of land to be a Kibanja, it must not be titled land, but instead, someone else has a title for the entire land for which that Kibanja is part, this person is known as the landlord.

The laws in Uganda makes it mandatory for the seller/vendor of a Kibanja to inform the Landlord about his/her intentions of selling the Kibanja. Failure to do so, may lead both the vendor and the purchaser into terrible losses, or even imprisonment.

Make sure you conduct thorough investigations before you buy the Kibanja. Talk to the neighbours, LC, Landlord, the family members of the seller, etc to get all the necessary information the Kibanja u intending to buy.

Know the boundaries, and after purchase mark them with unique identifiers. If you can fence it off,

Make sure you put your Kibanja into use, ie put some crops, construct a house or anything which will act as an indicator to another person that the Kibanja belongs to someone.

Leaving your Kibanja unattended to, may lead you into a loss. For example, it might be sold the second time to another person without your knowledge.

Upon purchase, you must always pay Busuulu /normal annual rent for your Kibanja, to the Landlord. This will give you legitimate ownership over your Kibanja.

A proper agreement must be executed between the seller/vendor and the buyer/purchaser. Both parties must have witnesses.

Important to note is that you must always know and be in good terms with your landlord. Like I said above, the landlord is the person registered on the land title where your Kibanja situate, for example; the Kabaka of BUGANDA or any other person.

Next time we shall look at the rights of a Kibanja

28/05/2020

The lockdown due to the deadly Covid-19 came with a lot of challenges in our daily routines.
Let’s look at arrest by the police. First and foremost you must know that the police is doing their work of “keeping the Law and orders”

-The president on numerous address to the nation made several orders and its what the police is enforcing.

As a good citizen note the following;

-Avoid serious arguments with the police officers when you’re being arrested, it’s ok you can engage in a respectful explanation to try and tell your story why you think you shouldn’t be arrested.

-it’s your right to be informed by the police why you’re being arrested.

-It’s your right to be allowed to contact your family to let them know that you’re detained, and when given that opportunity inform your relatives the police station or post where you’re held and any other information you want them to know.

-It’s your right to be allowed to speak to your Lawyer, this is important and tells him/her your story.

-You shouldn’t spend beyond 48 hours in police cells before you’re taken to court and when this time elapse or before, you can be released on Police Bond. When the opportunity to secure a police bond comes, make sure you have relatives or friends present, to help your secure that bond. When released on police bond make sure you report to police on each day you’re required to do so.

-insist to speak to your lawyer if the above are denied.

But import in all you shouldn’t be caught on the wrong side of the law. The curfew hours start at 7 pm as directed by the president, not until he shifts the time or totally removes it, try to be off the roads before 7 pm. Plan your journey accordingly.

28/05/2020

As a responsible citizen of Uganda, you must know or at least have a hint on the laws of the country. The Law governs almost 99% of our daily routines, ranging from our bedrooms to our respective workplace. To know the law is your obligation as a citizen and at the same time, it’s your fundamental right. In uganda ignorance of the law cannot afford you a defence. Am example if you’re driving your car on the road without a valid driving license or permit, you cannot tell a police officer who stops you and ask for it, that you didn’t know you required one. In a way of question and answers, you will be able to know some about the laws in Uganda. It’s bad to be caught on the wrong side of the law. Try to have the law at your fingertips.

You can always leave your question inbox or in the comment and the answer will follow you.