lOMoARcPSD|34391993

LAND Transactions-1 - Lecture notes 1,2,3,4

Bachelors of law (Uganda Martyrs University)

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STATUTORY

GUIDE TO

LAND TRANSACTIONS

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TABLE OF CONTENTS:

CHAPTER ONE: TRANSFER OF INTERESTS

Outline of Procedure………….…………………...…………………………Page 1
Nature of search……………………………………………………………...Page 1
Spousal Consent prior to the Transfer………………….…………………..Page 2
Consent of Minister vide Board of Trustee land………..…………………..Page 3
Consent of court to Transfer land Belonging to a minor…………………..Page 4
Consent of Land lord to a transfer by a Tenant by
occupancy………………………………………………………….………….Page 4
Preliminary offers……………………………………………....……………Page 5
Documents…………………………………………………………….………Page5
Fees……………………………………………………………………….…...Page 5
Position of a Non-citizen……………………………………………………...Page 6
Effect of a Certificate of Customary Ownership…………………………...Page 7
Outline of procedure of acquisition of a certificate of Customary
ownership……………………………………..……………………………..…Page 7
Subdivision of Land……………………………………………………….…Page 9
Registration of the Interest of a Tenant by occupancy requirements and
procedure……………………………………………………………………....Page 9
Effect of Certificate of occupancy……………………………………….…Page 11
Procedure of bringing land under the operation of the RTA……………..Page 11
Powers of the Registrar………………………………………………….…Page 12
Redress in case of violation or omission by Registrar to act……………..Page 14

CHAPTER FOUR: PERSONS WITH PROTECTED INTERESTS IN

LAND
Outline of persons with Protected Interests in Land……………………..Page 15
Protection of the Proprietor………………………………………………..Page 15
Protection of the Customary Tenant and Tenants by occupancy……….Page 16
Protection of the Interest of the Spouse…………………………………..Page 16
Scope of rights of a Tenant by occupancy………………………………..page 17
Scope of rights of the spouse………………………………………………Page 17
How a spouse and Tenant may protect their interest……………………Page 18

CHAPTER FIVE: POWERS OF ATTORNEY

Persons who can make Power of attorney’s………………………………Page 19
Requirements for the registration of the Power of Attorney……………Page 19
Positions of persons that can attest a Power of Attorney………………..Page 19

CHAPTER SIX: BONAFIDE PURCHASER

Duty to effect a search…………………………………………………..Page 21
Characteristics of a bona-fide Purchaser………………………………Page 21
Effect of registration……………………………………………………Page 22
Hierarchy of Interests in Land………………………………………….Page 23

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CHAPTER SEVEN: FRAUD IN LAND TRANSACTIONS

Outline of fraudulent activities in land transactions……………………..Page 24
Effects of fraud……………………………………………………………..Page 24
Remedies of a Person defrauded of land………………………………….Page 25
Procedure of Lodging a caveat…………………………………………….Page 26
Application to court for remedy…………………………………………..Page 27

CHAPTER EIGHT: COMPENSATION OF PERSONS DEPRIVED OF

LAND
Compensation from the Fraudster……………………………………….Page 29
Compensation by landlord of the tenant of occupancy’s interest………Page 30
Compensation upon compulsory acquisition of one’s land……………..Page 30

CHAPTER NINE: LIMITATION IN LAND CASES/MATTERS

Limitation for the recovery of Land……………………………………Page 32
Limitation for the recovery of damages/Compensation……………….Page 32

CHAPTER TEN: VESTING ORDERS

Outline of types of vesting order………………………………………….Page 33
Vesting by the registrar upon an incomplete sale…………………...…..Page 33
Vesting order on premise of prescription………………………………...Page 34
Vesting order on the premise of a court order……………………….….Page 35

CHAPTER ELEVEN: THE DISTRICT LAND BOARD

Establishment and nature of the Board…………………………………Page 36
Functions of the Board……………………………………………………Page 36
Powers of the Board………………………………………………………Page 38

CHAPTER TWELVE: REPLACEMENT OF CERTIFICATES OF TITLE

Outline of procedure………………………………………………Page 40
Fees involved……………………………………………………….Page 40
Documents involved………………………………………………..Page 40
Position when Registry copy is missing…………………………..page 41

CHAPTER THIRTEEN: CHARACTERISTICS OF A VALID LEASE

Capacity of Parties……………………………………………………...Page 42
Certainty of duration of the Lease…………………………………….Page 43
Presence of a grant of exclusive possession……………………………Page 43
Presence of valid Consideration………………………………………..Page 43
Procedure for the creation of a lease…………………………………..Page 45

CHAPTER FOURTEEN: TERMS IN A LEASE AGREEMENT

Payment of rent and premium…………………………………………...Page 46
Terms pertinent to subletting/subleasing………………………………..Page 47
Terms pertinent to the State of the Property…………………………...Page 48
Other Terms………………………………………………………………Page 48

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CHAPTER FIFTEEN: TERMINATION OF LEASES

Outline of ways of terminating a lease………………………………….Page 49
Forfeiture…………………………………………………………………Page 49
Relief from forfeiture……………………………………………………Page 50
Surrender…………………………………………………………………Page 51
Merger……………………………………………………………………Page 52
Effluxation of time……………………………………………………….Page 52

CHAPTER SIXTEEN: LICENSES

Nature of a license………………………………………………………..Page 53
Outline of types of Licenses……………………………………………..Page 53
Bare License……………………………………………………………...Page 53
License coupled with an Interest………………………………………..Page 54
License for value…………………………………………………………Page 54
Tenancy at Sufferance…………………………………………………..Page 55
Tenancy at will…………………………………………………………..Page 55

CHAPTER SEVENTEEN: ACCESS TO ROADS

Nature of this process…………………………………………………..Page 56
Procedure………………………………………………………………..Page 57
Registration of order of Road access………………………………….Page 59

CHAPTER EIGHTEEN: JOINT OWNERSHIP OF LAND

Joint Tenancy…………………………………………………………....Page 61
Tenancy in Common…………………………………………………….Page 62

CHAPTER NINETEEN: CONDOMONIUM PROPERTY

General Nature of creating a condominium property…………………Page 63
Position of common property in a condominium………………………Page 63
Legality of Units in a condominium…………………………………….Page 64
Procedure for creating a condominium Property……………………...Page 65

CHAPTER TWENTY: EXPROPRIATED PROPERTY

Definition of expropriated property……………………………………….Page 67
Effect of transfers and other transactions pertinent to expropriated
property………………………………………………………………………Page 68
Restrictions on the Property upon return to rightful owners…………….Page 69
The Powers of the Minister pertinent to expropriated properties………..Page 70
Redress/ challenging decisions or actions of the Minister…………………Page 70
Procedure for re-acquisition of expropriated property…………………...Page 71

CHAPTER TWENTY-ONE: COMPULSORY ACQUISITION OF LAND

Rationale and conditions precedent to a compulsory
acquisition……………………………………………...………………..……Page 74
Procedure for compulsory Acquisition of the Land……………………….Page 75

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CHAPTER TWENTY-TWO: MORTAGAGES

Nature of a Mortgage Transaction…………………………………….……Page 77
Conditions precedent to the entering into a Mortgage Transaction………Page 78
Duties Payable on a Mortgage…………………………………….…….....Page 80
Characteristics of a Legal and equitable Mortgage…………………….Page 80
Definition of Breach in Mortgage transactions…………………………...Page 81
Outline of remedies available on breach to the Mortgagee……………..Page 82
Remedy of suing on the Mortgage deed the Mortgagor and or the
guarantor………………..………………………………………………..…Page 82
Remedy of Possession…………………………………………......................Page 83
Appointment of Receivers……………...………………………………......Page 85
Sale by foreclosure………………………………………..…………………Page 86
Sale otherwise than foreclosure…………………………….………….……Page 88
Duties of the Mortgagee……………………………………………..……...Page 88
Duties of the Motgagor………………………...……………………………Page 89

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CHAPTER ONE
Transfer of Land:

Procedure involved in the Transfer of Land:

1. Definition of transfer:
2. Effect a search.
3. Consider if Preliminary offers where made
4. Relevant consent.
5. Signing the sale agreement.
6. Transfer forms.
7. Consent Form.
8. fees
9. List of documents.
10.Position of non-citizens.
11.Peculiar position for customary tenureship.

1. Definition of transfer:

The Registration of Titles ACT:

Sec 92. Form of transfer.
(1) The proprietor of land or of a lease or mortgage or of any estate, right
or interest therein respectively may transfer the same by a transfer in one
of the forms in the Seventh Schedule to this Act; but where the
consideration for a transfer does not consist of money, the words “the
sum of” in the forms of transfer in that Schedule shall not be used to
describe the consideration, but the true consideration shall be concisely
stated.

Effect of Transfer:

The Registration of Titles ACT:

Sec 92. (2) Upon the registration of the transfer, the estate and interest of
the proprietor as set forth in the instrument or which he or she is entitled
or able to transfer or dispose of under any power, with all rights, powers
and privileges belonging or appertaining thereto, shall pass to the
transferee; and the transferee shall thereupon become the proprietor
thereof, and while continuing as such shall be subject to and liable for all
the same requirements and liabilities to which he or she would have been
subject and liable if he or she had been the former proprietor or the
original lessee or mortgagee
.

2. Effect a search:

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Outline:
- Non-legal requirement for ‘search’ and it’s non applicability in
cases of fraud:
- Discretionary nature of the conduct of the search.
- Though search entails actual inspection of land in question.
-

Legal Premise:

Non-legal requirement for ‘search’ and it’s non applicability in cases

of fraud:

The Registration of Titles ACT:

Sec. 136. Purchaser from registered proprietor not to be affected by
notice.
Except in the case of fraud, no person contracting or dealing with or
taking or proposing to take a transfer from the proprietor of any registered
land, lease or mortgage shall be required or in any manner concerned to
inquire or ascertain the circumstances in or the consideration for which
that proprietor or any previous proprietor thereof was registered, or to see
to the application of any purchase or consideration money, or shall be
affected by notice actual or constructive of any trust or unregistered
interest, any rule of law or equity to the contrary notwithstanding, and the
knowledge that any such trust or unregistered interest is in existence shall
not of itself be imputed as fraud.

CASE: David Sejjaka vs. Rebecca Musoke (1992) 5 K.A.L.R 132: The
above section does not apply in cases or circumstances involving fraud
and that it’s purpose is to ensure financial and other factual convenience
ends on the end of the buyer.

Discretionary nature of the conduct of the search:

The Registration of Titles ACT:

Sec. 201. Searches and certified copies.
(1) Any person may, on payment of the fee for the time being payable in
that behalf, inspect the Register Book during the hours and upon the days
of business.

An effective search espouses an actual inspection of land in question:

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Case: Uganda Posts and Telecommunications vs. Lutaaya (Supereme

Court Civil Appeal no.36 of 2006): Need actual search as well as a
physical search of the land

Procedure:
1. Apply for the search.
2. Pay fees.
3. Given a search report.
4. Go to land physically (to avoid imputed notice).

Documents:
- Formal letter for application to search
Fees:
Item No. 18: 10,000UGX
3. Relevant consent:
Applies:
1. Where there is a spouse.
2. Where there is tenant by occupancy.
3. Where a minor is involved.
4. Where a trust is involved.
5. In cases involving tenancy by occupancy.

A. Spouse consent:

Outline:
- Restricts transactions on family land.
- Except were Consent is attained.

Legal Premise:

Land ACT CAP 227 as Amended by ACT 1 of 2004:

Sec 39. Restrictions on transfer of family land
(1) No person shall—
(a) sell, exchange, transfer, pledge, mortgage or lease any family land;

(b) enter into any contract for the sale, exchange, transfer, pledging,
mortgage or lease of any family land; or

(c) give away any family land, inter vivos, or enter into any other
transaction in respect of family land; except with the prior consent of his
or her spouse.

Procedure to get/give Consent:

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Land ACT CAP 227 as Amended by ACT 1 of 2004:

Sec 39 (2) The consent required under subsection (1) shall be in the
manner prescribed by regulations made under this Act.

Land Regulations, 2004

Regulation 64 (3) The consent of a spouse(s) required for any land
transaction under the Act shall be in Form 41 specified in the First
Schedule to these Regulations.

Documents:
- Form 41 Land regulations

B. In the Case of a board of trustees:

Transfer should not to conflict with:

- Conditions or directions issued by the minister on incorporation.
- If there is no application to te minister or if present consent
acquired.

Legal Premise:

Conditions or directions issued by the minister on incorporation.

THE TRUSTEES INCORPORATION ACT CAP 165

Sec 1 (2) If the Minister, having regard to the extent, nature and objects
and other circumstances of such body or association of persons, considers
that incorporation expedient, he or she may grant such certificate
accordingly, subject to such conditions or directions generally as he or
she shall think fit to insert in the certificate, and particularly relating to:

(e) the amount of the land which the trustees may hold; and

(f) the purposes for which that land may be applied.

If there is no application to te minister or if present consent acquired.

THE TRUSTEES INCORPORATION ACT. CAP 165

Read Sections 15 (1) and Section 3 First Schedule rule 3 :
Consent as regards the variation in quantity of land held at time of
registration.

Procedure:
The Trustees Incorporation Rules SI 165-1:

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Rule 3. Form of application for Minister’s order.

Every application to the Minister for an order under section 15 of the Act
shall be in accordance with Form II in the First Schedule to these Rules.

Documents in this respect:

- Form II

C. Minors:

Outline:
- Has to be in the Interest of the Minor.
- Through acquisition of a court order.
Legal Premise:

Has to be in the Interest of the Minor:

Children ACT CAP 59:

Sec. 3. Guiding principles.
The welfare principles and the children’s rights set out in the First
Schedule to this Act shall be the guiding principles in making any
decision based on this Act.

Procedure:

Through acquisition of a court order:

The Civil Procedure Act CAP 71:

Sec. 98. Savings of inherent powers of court.
Nothing in this Act shall be deemed to limit or otherwise affect the
inherent power of the court to make such orders as may be necessary for
the ends of justice or to prevent abuse of the process of the court.

The Civil Procedure Rules S.I 71-1:

Order 52 Rule 1. Procedure under this Order.
All applications to the court, except where otherwise expressly provided
for under these Rules, shall be by motion and shall be heard in open
court.

Documents:
- Notice of Motion.
- Affidavit in support.

D. Tenants by occupancy:

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Outline:
- May exercise all powers of a registered proprietor.
- Subject to the consent of the owner of the land.

Legal Premise:

May exercise all powers of a registered proprietor:

Land ACT CAP 227 as Amended by ACT 1 of 2004:

Sec. 34 (1) A tenant by occupancy may, in accordance with the provisions
of this section, assign, sub-let or sub-divide the tenancy with the consent
of the land owner”.

Subject to the consent of the owner of the land:

Land ACT CAP 227 as Amended by ACT 1 of 2004:

Sec. 34 (3) Prior to undertaking any transaction to which subsection (1)
refers, the tenant by occupancy shall submit an application in the
prescribed form to the owner of the land for his or her consent to the
transaction.

Procedure:
Land Regulations, 2004:
Regulation 64 (2) The application of a tenant by occupancy for consent
of the registered owner to a transaction shall be in Form 40 specified in
the First Schedule to these Regulations.

Documents:
- Form 40

4. Preliminary offers
Applicable where:
1. Tenant by occupancy transferring
2. Landlord with tenants transferring

Where it’s the tenant by occupancy:

Land ACT CAP 227 as Amended by ACT 1 of 2004:

Sec 35. Option to purchase.
(1) A tenant by occupancy who wishes to assign the tenancy shall, subject
to this section, give the first option of taking the assignment of the
tenancy to the owner of the land.

Where it’s the Land lord of the tenant:

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Land ACT CAP 227 as Amended by ACT 1 of 2004:

Sec 35 (2) The owner of land who wishes to sell the reversionary interest
in the land shall, subject to this section, give the first option of buying
that interest to the tenant by occupancy.

Procedure:
Land ACT CAP 227 as Amended by ACT 1 of 2004:
Sec 35 (3) Any offer made under this section shall be on a willing buyer
willing seller basis.

Documents:
- Formal Letter.

5. Signing the sale agreement.

6. Transfer forms.
7. Consent Form.
8. fees:

Law applicable:
1. Stamp ACT as amended by No. 12 of 2002
2. Registration of Titles (Fees) Amendment Rules 1998
3. Advocates

Exact amounts:
1. Fees for search: 10,000UGX (Registration of Titles (Fees)
Amendment Rules 1998)
2. Registration of Transfer: 10,000UGX (Registration of Titles
(Fees) Amendment Rules 1998)
3. Stamp Duty: 1% of the Value determined by the Government
valuer on the consent form.
4. Professional fees:

9. List of documents.

- Application for search.( Formal Letter)

- Pay attention to the categories of the parties if they fall in any of
the above classes i.e. trustees, spouse and so on.
- Sale agreement.
- Transfer form.
- Consent form (for valuation purposes)

10.Position of non-citizens:

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Definition for non-citizen:

Land ACT CAP 227 as Amended by ACT 1 of 2004:

Sec 40 (7) For the purposes of this section, “non-citizen” means;
(a) a person who is not a citizen of Uganda as defined by the Constitution
and the Uganda Citizenship Act;

(b) in the case of a corporate body, a corporate body in which the

controlling interest lies with non-citizens;

(c) in the case of bodies where shares are not applicable, where the body’s
decision making lies with noncitizens;

(d) a company in which the shares are held in trust for noncitizens;

(e) a company incorporated in Uganda whose articles of association do

not contain a provision restricting transfer or issue of shares to non-
citizens.

(8) For purposes of subsection (7), “controlling interest” means—

(a) in the case of companies with shares, the majority shares are held by
persons who are not citizens; and

(b) in the case of companies without shares, a company in which

decisions are arrived at by the majority who are not citizens.

Legal Premise for acquisition:

The Constitution:
Article 237 (2) (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.

Land ACT CAP 227 as Amended by ACT 1 of 2004:

Sec. 40. Acquisition of land by a non-citizen.
(1) Subject to article 237(2)(c) of the Constitution, a non-citizen may
acquire a lease in land in accordance with this section.

Restrictions/Requirements:

Land ACT CAP 227 as Amended by ACT 1 of 2004:

Sec. 40. Acquisition of land by a non-citizen.

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(4) Subject to the other provisions of this section, a non-citizen shall not
acquire or hold mailo or freehold land.

(2) A lease of five years or more acquired by a non-citizen shall be

registered in accordance with the Registration of Titles Act.

(3) A non-citizen shall not be granted a lease exceeding ninety-nine years.

Position for transaction by customary tenure holder:
Outline:
- Right to get certificate
- Such certificate permits the under taking of certain activities.
Legal Premise:

Right to get certificate

Land ACT CAP 227 as Amended by ACT 1 of 2004:

Sec 4. Certificate of customary ownership.
(1) Any person, family or community holding land under customary
tenure on former public land may acquire a certificate of customary
ownership in respect of that land in accordance with this Act.

Such certificate permits the under taking of certain activities.

Land ACT CAP 227 as Amended by ACT 1 of 2004:

Sec 7 (2) A certificate of customary ownership shall confer on the holder
of the certificate the right of the holder to undertake, subject to the
conditions, restrictions and limitations contained in the certificate and
subject to subsection (1), any transactions in respect of that land which
may include, but shall not be limited to:

(f) Selling the land or a part of it, where a customary certificate of

customary ownership does not restrict it;

Out line of the procedure for the acquisition of the certificate

customary tenure:
- Apply to the committee of the parish in question.
- Committee publishes a notice and places the same on the land and
in a prominent place at the parish.
- Committee hears any claims in respect of that land if any.
- Prepare report and give the same to the applicant.
- Submit the report to the board.
- Board communicates its decision to the recorder.
- Board makes its decision:
- Recorder issues the certificate.

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Procedure:

Apply to the committee of the parish in question.

Land ACT CAP 227 as Amended by ACT 1 of 2004:

Sec 4 (3) An application for a certificate of customary ownership shall be
in the prescribed form and shall be submitted, together with the
prescribed fee, to the committee of the parish in which the land the
subject of the application is situated.

Land Regulations 2004:

Regulation 3. Application for certificate of customary ownership
An application for a certificate of customary ownership shall be in Form
1 specified in the First Schedule to these Regulations.

Committee publishes a notice and places the same on the land and in
a prominent place at the parish.

Land ACT CAP 227 as Amended by ACT 1 of 2004:

Sec 6 (2) Where an application has been submitted to the committee, a
notice in the prescribed form shall be published and posted in a prominent
place in the parish and on the land which is the subject of the application
—

(a) specifying the location and approximate area of the land;

(b) requiring all persons who claim any interest in the land or in any
adjacent land which may be affected by the application, including in
respect of any adjacent land claims as to the boundaries of that land, to
attend a meeting of the committee at a specified time and put forward
their claims; and the time specified shall be not less than two weeks from
the date on which the notice is published and posted as required by this
subsection.

(3) On the date specified under subsection (2), the committee shall hear
and determine all claims made under that subsection.

Committee hears any claims in respect of that land if any.

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Land ACT CAP 227 as Amended by ACT 1 of 2004:

Sec 7 (6) The committee shall—
(a) prepare a report on the application, recording all claims to interests
and rights in the land or to the occupation and use of the land and its
opinion on whether those claims have been proved to exist, setting out its
findings and recommendations with reasons on the application, including
in all cases whether the application should be approved with or without
conditions, restrictions or limitations endorsed on the certificate and
forming part of the incidents of customary ownership evidenced by the
certificate or refused, and all claims made in relation to the application;

Prepare report and give the same to the applicant.

Land ACT CAP 227 as Amended by ACT 1 of 2004:

Sec 7 (6) The committee shall—
(b) give or send a copy of the report to the applicant;

Submit the report to the board.

Land ACT CAP 227 as Amended by ACT 1 of 2004:

Sec 7 (6) The committee shall—
(c) submit the report to the board;

Board makes its decision:

Land ACT CAP 227 as Amended by ACT 1 of 2004:

Sec 7. Functions and procedure of board on application for certificate
of customary ownership.
(1) The board shall, upon receipt of the report and recommendations of
the committee referred to in section 6(6), consider the application in the
light of that report and those recommendations and may confirm, reject or
vary report for grant of certificate.

Board communicates its decision to the recorder.

Land ACT CAP 227 as Amended by ACT 1 of 2004:
Sec 7 (4) The board shall communicate its decision in writing to the
recorder.
Recorder issues the certificate

Land ACT CAP 227 as Amended by ACT 1 of 2004:

Sec 7 (5) Where the decision of the board is to issue a certificate of
customary ownership with or without conditions, restrictions or
limitations, the recorder shall issue a certificate in the terms of the
decision of the board to the applicant.

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Documents:
- Form 1(Application)

Sub Division of Land(Creation of several Plots from One main title):

Procedure:
- Fill out a mutation form.
- Surveyor goes out and opens up the boundaries.
- Creation of new deed plan.
- Attached to original plan and given to the registrar.
- Registrar issues new titles but in names of original owner.

Legal Premise:

Survey ACT CAP 232:

Sec 25. Government surveyor to mark out boundaries.
A Government surveyor shall after making such inquiry as he or she
thinks
fit determine and mark out the boundaries of the land and may, subject to
all rules lawfully made for that purpose, cause boundary marks of such
materials in such number and in such manner as he or she thinks fit to be
erected, but the determination of any such boundary by the surveyor shall
not debar any person from any legal remedy he or she would otherwise
have for disputing the boundary or establishing any other boundary.

The Registration of Titles ACT:

Sec. 150. Surveys to be authenticated.
On and after a date to be specified by the Minister by statutory instrument
all surveys required by the registrar under this Act shall be made in
accordance with the requirements of the commissioner of lands and
surveys, and no plans shall be accepted by the registrar unless they have
been authenticated by the signature of the commissioner of lands and
surveys or someone authorised by him or her in writing.

Registering Interests:

1. The tenant by occupancy.

2. Bringing Land under the ACT i.e. customary Land.

1. The tenant by occupancy.

Outline of requirements for grant of certificate/registration:

- Proof of payment of rent.

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- Consent of owner.
OUTLINE OF PROCEDURE:
- Apply to the registered owner.
- Owner notifies the committee.
- The committee comes to determine the land boundaries.
- Prior to award of certificate they ensure that the fellow has paid all
rents.
- The owner issues consent to the registration.
- Then a certificate issued.
- The registrar notified and enters the certificate as an encumbrance
on the certificate.

Requirements for grant:

1. Payment of rent:

Land ACT CAP 227:

Sec. 33 (5) A tenant in occupancy shall only be entitled to be issued with
a certificate of occupancy if he or she has paid the ground rent for the
land and has no arrears of ground rent outstanding or where there are
arrears, the matter has been determined by a decision of the land tribunal
under section 32.

2. Consent of the owner:

Land ACT CAP 227:

Sec. 33 (8) A grant of consent shall entitle the tenant by occupancy to be
issued with a certificate of occupancy by the recorder, and the recorder
shall, on being satisfied with the grant of consent, issue a certificate of
occupancy to the tenant by occupancy who presented the grant of consent
to the recorder.

PROCEDURE:

a. Application by tenant:
Land ACT CAP 227:
Sec. 33. Certificate of occupancy.
(1) A tenant by occupancy may apply to the registered owner for and be
issued with a certificate of occupancy in the prescribed form in respect of
the land which he or she occupies in accordance with this section.

Land Regulations 2004

Regulation 4. Application for certificate of occupancy

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An application for a certificate of occupancy shall be in Form 2 specified

in the First Schedule to these Regulations.

b. Notification of the committee:

Land ACT CAP 227:
Sec. 33 (2) On receipt of the application, the registered owner shall notify
the committee; and the committee shall appoint a day, being not less than
three weeks and not more than three months from the date of the receipt
of the application, when it will meet at the place where the land is
situated to determine, verify and adjudicate on the boundaries to the land
and shall inform the tenant by occupancy and the owner of that date.

c. Consent of the owner:

Land ACT CAP 227:
Sec. 33 (6) Subject to subsection (5), on receipt of the determination of
the committee, the owner shall, without undue delay, give a consent in the
prescribed form to the tenant.

Land Regulations 2004:

Regulation 5. Consent to grant certificate of occupancy
The registered owner shall grant consent to an applicant for a certificate
of occupancy in Form 2 specified in the First Schedule to these
Regulations within six weeks after receiving the decision of the
committee on the boundaries of the land occupied by the tenant by
occupancy.

d. Notify registrar:
Land ACT CAP 227:
Sec 33 (9) The recorder shall notify the registrar of the issue of a
certificate of occupancy, and every such certificate shall be notified as an
encumbrance on the certificate of title of the owner of the land.

Documents:

- Form 2 (Application for certificate)

- Form 3 ( Consent of owner)

2. Bringing Land under the ACT i.e. customary Land.

Legal Premise:

Land ACT CAP 227:

Sec. 9. Conversion of customary tenure to freehold tenure.

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(1) Any person, family, community or association holding land under

customary tenure on former public land may convert the customary
tenure into freehold tenure in accordance with this Act.

Procedure:
- Apply to the committee.
- There is a consent or rejection.
- Apply to the register to be so registered.

Land ACT CAP 227:

Sec 9 (3) An application for conversion from customary tenure to
freehold tenure shall be in the prescribed form and shall be submitted,
together with the prescribed fee, to the committee of the parish in which
the land the subject of the application is situated.

Land Regulations 2004:

Regulation 10. Application to convert customary tenure to freehold
An application to convert customary tenure to freehold shall be in Form 4
specified in the First Schedule to these Regulations.
Land ACT CAP 227:
Sec 9 (4) On receipt of the report and recommendations of the committee,
the board shall cause the land in respect of which the application is made
to be surveyed before approving the application.
Land Regulations 2004:
Regulation 11. Decision of the board to convert customary tenure to
freehold
The decision of the board on an application for conversion from
customary tenure to freehold shall be in Form 4 specified in the First
Schedule to these Regulations.

In the case of an Individual seeking a free hold:

Land ACT CAP 227:

Sec 10. (1) A person who wishes to be granted a freehold shall apply in
the prescribed form to the board.

Land Regulations:
Regulation 12. Application for grant of land in freehold
An application for a grant of land in freehold shall be in Form 4 specified
in the First Schedule to these Regulations.

Sec 10 (2) The application referred to in subsection (1) shall be lodged

with the committee.

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Land Regulations 2004:

Regulation 11. Decision of the board to convert customary tenure to
freehold
The decision of the board on an application for conversion from
customary tenure to freehold shall be in Form 4 specified in the First
Schedule to these Regulations.

The Registration of Titles ACT:

Sec. 15. Land to be brought under the Act unless caveat received.
If before the registration of the certificate the registrar has not received a
caveat forbidding the registration, he or she shall bring the land under this
Act by registering in the name of the applicant or in the name of such
person as has been directed in that behalf a certificate of title to the land
in the form in the Third Schedule to this Act

Documents:
- Form 4 (Application and consent)
- Certificate of title

Powers of The Registrar:

1. Powers.
2. Redress in face of abuse of the same.

1. Powers of the Registrar/Commissioner of lands:

List:
- Issue fresh titles and also amend old ones.
- Dispense with the production of any document, instrument,
signature and the like.
- Lodge caveats on behalf of the government or other disabled
person.
- Dispense with the payment of any fee and sue to recover the same.
- Make vesting orders
- Effect the removal of any encumbrance.
- Summon for documents

Land ACT CAP 227:

Sec. 91. Special powers of registrar.
(1) Subject to the Registration of Titles Act, the registrar shall, without
referring a matter to a court or a district land tribunal, have power to take
such steps as are necessary to give effect to this Act, whether by
endorsement or alteration or cancellation of certificates of title, the issue
of fresh certificates of title or otherwise.

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(4) The registrar may—

(a) correct errors in the Register Book or in entries made in it;
(b) correct errors in duplicate certificates or instruments; and
(c) supply entries omitted under this Act.

The Registration of Titles of ACT CAP 230:

Sec. 69. Registrar’s powers of dispensation with production.
Notwithstanding this Act, the registrar may, in his or her discretion,
dispense with the production of—
(a) any duplicate certificate of title;
(b) any original or copy of any instrument or other document;
(c) any signature, advertisement or notice; or
(d) any information, required to be produced, given or made, as the case
may be, by this Act.

The Registration of Title’s ACT CAP 230

Sec 170 (1) (a) to lodge a caveat on behalf of the Government or on
behalf of any person who is under disability of infancy, coverture, lunacy,
unsoundness of mind or absence from Uganda, to prohibit the transfer or
dealing with any land belonging or supposed to belong to any such
person, and also to prohibit the dealing with any land in any case in
which it appears that an error has been made by misdescription of the
land or otherwise in any registered certificate of title or in any instrument,
or for the prevention of any fraud or improper dealing;

The Registration of Title’s ACT CAP 230

Sec 170 (1) (b) at his or her discretion, notwithstanding the nonpayment
of any prescribed fees, to effect any registration on behalf of or issue a
certificate of title to an African of Uganda. Such unpaid fees shall, until
recovered, be a first charge in favour of the Government upon the land
comprised in the relevant certificate of title and that charge shall
thereupon be entered in the folium of the Register Book constituted by
the certificate of title. Any such unpaid fees may be sued for and
recovered by the registrar or any officer of the Government or of the
administration of a district appointed by the registrar in that behalf in any
court of competent jurisdiction or summarily as a civil debt.

The Registration of Title’s ACT CAP 230

Sec. 167. Power of registrar to make a vesting order in cases of
completed purchase.

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If it is proved to the satisfaction of the registrar that land under this Act
has been sold by the proprietor and the whole of the purchase money
paid, and that the purchaser has or those claiming under the purchaser
have entered and taken possession under the purchase, and that entry and
possession have been acquiesced in by the vendor or his or her
representatives, but that a transfer has never been executed by the vendor
and cannot be obtained by reason that the vendor is dead or residing out
of the jurisdiction or cannot be found, the registrar may make a vesting
order in the premises and may include in the order a direction for the
payment of such an additional fee in respect of assurance of title as he or
she may think fit, and the registrar upon the payment of that additional
fee, if any, shall effect the registration directed to be made by section 166
in the case of the vesting orders mentioned there, and the effecting or the
omission to effect that registration shall be attended by the same results as
declared by section 166 in respect of the vesting orders mentioned there.

The Registration of Title’s ACT CAP 230

Sec. 168. Removal of incumbrances.
If it is proved to the satisfaction of the registrar that any incumbrance
notified on any certificate of title has been fully satisfied, extinguished or
otherwise determined and no longer affects the land, he or she may either
endorse a memorandum to that effect on the certificate or permit any
subsequent certificate of title of the same land to be issued free from that
incumbrance.

The Registration of Title’s ACT CAP 230

Sec. 145. Removal of caveat no longer affecting lands.
When a caveat has been withdrawn under section 139, or has lapsed
under section 140, or has otherwise ceased to affect the lands or any
interest in the lands in respect of which it was originally lodged, the
registrar shall cause the caveat to be removed from the Register Book and
shall enter in the margin of the original entry of the caveat the date of that
removal.

The Registration of Title’s ACT CAP 230

Sec. 23. Production of title deeds in support of an application to bring
land under the Act.
After an application has been made to have any land brought under the
operation of this Act, the registrar may require all persons having in their
possession or custody any deeds, instruments or evidences of title relating
to or affecting the land the subject of that application to produce them at
the office of titles for his or her inspection.

2. Redress in case of dissatisfaction with the use of the above powers:

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The Registration of Titles of ACT CAP 230:

Sec. 182. Proprietor, etc. may summon registrar to show cause if
dissatisfied.
(1)If upon the application of any owner or proprietor to have land brought
under the operation of this Act, or to have any dealing registered or
recorded, or to have any certificate of title or other document issued, or to
have any act or duty done or performed which by this Act is required to
be done or performed by the registrar, the registrar refuses so to do, or if
the owner or proprietor is dissatisfied with any decision of the registrar
upon his or her application, the owner or proprietor may require the
registrar to set forth in writing under his or her hand the grounds of his or
her refusal or decision, and the owner or proprietor may, if he or she
thinks fit, at his or her own cost summon the registrar to appear before the
High Court to substantiate and uphold those grounds.

CHAPTER IV: Persons with protected interests in land

Persons with protected interests in land:

1. The Proprietor
2. Tenants by occupancy.
3. The Spouse.
4. The customary tenure holder

1. The Proprietor:
Scope of rights:

None outline of the rights:

- Indefeasible title: (Patel vs. Patel (1992-3) H.C.B 137)
- No ejectment from land

Legal Premise:

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The Registration of Titles ACT:

Sec. 59. Certificate to be conclusive evidence of title.

No certificate of title issued upon an application to bring land under this
Act shall be impeached or defeasible by reason or on account of any
informality or irregularity in the application or in the proceedings
previous to the registration of the certificate, and every certificate of title
issued under this Act shall be received in all courts as evidence of the
particulars set forth in the certificate and of the entry of the certificate in
the Register Book, and shall be conclusive evidence that the person
named in the certificate as the proprietor of or having any estate or
interest in or power to appoint or dispose of the land described in the
certificate is seized or possessed of that estate or interest or has that
power.

Sec 176. Registered proprietor protected against ejectment except in

certain cases.
No action of ejectment or other action for the recovery of any land shall
lie or be sustained against the person registered as proprietor under this
Act, except in any of the following cases—

(c) the case of a person deprived of any land by fraud as against the
person registered as proprietor of that land through fraud or as against a
person deriving otherwise than as a transferee bona fide for value from or
through a person so registered through fraud;

(d) the case of a person deprived of or claiming any land included in any
certificate of title of other land by misdescription of the other land or of
its boundaries as against the registered proprietor of that other land not
being a transferee of the land bona fide for value;

(e) the case of a registered proprietor claiming under a certificate of

title prior in date of registration under this Act in any case in which two
or more certificates of title may be registered under this Act in respect of
the same land, and in any case other than as aforesaid the production of
the registered certificate of title or lease shall be held in every court to be
an absolute bar and estoppel to any such action against the person named
in that document as the grantee, owner, proprietor or lessee of the land
described in it, any rule of law or equity to the contrary notwithstanding.

The Registration of Titles ACT:

Sec 77. Certificate void for fraud.

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Any certificate of title, entry, removal of incumbrance, or cancellation, in

the Register Book, procured or made by fraud, shall be void as against all
parties or privies to the fraud.

2. The Customary tenure holder:

Marko Matovu vs. Bawa Singh and another (1979) H.C.B 174
Ssekandi J: ‘the Law recognises a customary tenure and protects the
same’

3. Tenants by occupancy:
Legal Premise:
Land ACT CAP 227:
Sec. 31. Tenant by occupancy.
(1) A tenant by occupancy on registered land shall enjoy security of
occupancy on the land.

Land ACT CAP 227:

Sec 1. (dd) “tenant by occupancy” means the lawful or bona fide
occupant declared to be a tenant by occupancy by section 31;

1. Bona-fide occupant:

Legal Premise:
Land ACT CAP 227:
Sec 29. (2) “Bona fide occupant” means a person who before the coming
into force of the Constitution—

(a) had occupied and utilised or developed any land unchallenged by the
registered owner or agent of the registered owner for twelve years or
more; or

(b) had been settled on land by the Government or an agent of the

Government, which may include a local authority.

Sec 29. (5) Any person who has purchased or otherwise acquired the
interest of the person qualified to be a bona fide occupant under this
section shall be taken to be a bona fide occupant for the purposes of this
Act.

2. Lawful Occupant:

Legal Premise:
Land ACT CAP 227:

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Sec. 29 (1) “Lawful occupant” means—

(a) a person occupying land by virtue of the repealed—
(i) Busuulu and Envujjo Law of 1928;
(ii) Toro Landlord and Tenant Law of 1937;
(iii) Ankole Landlord and Tenant Law of 1937;

(b) a person who entered the land with the consent of the registered
owner, and includes a purchaser; or

(c) a person who had occupied land as a customary tenant but whose
tenancy was not disclosed or compensated for by the registered owner at
the time of acquiring the leasehold certificate of title.
4. The Spouse

Land Act as Amended by ACT 1 of 2004:

Sec. 38A. Security of occupancy
(1) Every spouse shall enjoy security of occupancy on family land.
(5) For the avoidance of doubt, this shall not apply to spouses who are
legally separated.

SCOPE OF RIGHTS OF ABOVE INTERESTS:

a. Rights of the Tenants by occupancy:

Land ACT CAP 227:

Sec. 33 Certificate of occupancy.
(1) A tenant by occupancy may apply to the registered owner for and be
issued with a certificate of occupancy in the prescribed form in respect of
the land which he or she occupies in accordance with this section.

Sec 34. (1) A tenant by occupancy may, in accordance with this section,
assign, sublet, pledge, create third party rights in, subdivide and
undertake any other lawful transaction in respect of the occupancy.

Sec 34. (2) A tenancy by occupancy may be inherited

b. Rights of the Spouse:

Land Act as Amended by ACT No. 1 of 2004:

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Sec. 38A. (2) The security of occupancy prescribed under subsection (1)
means a right to have access to and live on family land.

Sec. 38A. (3) For the purposes 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.

Sec 39. (7) A spouse, not being the owner of the land to which subsection
(1) applies, may lodge a caveat on the certificate of title, certificate of
occupancy or certificate of customary ownership of the person who is the
owner of the land to indicate that the property is subject to the
requirement of consent under subsection (1).

Definition Family Land:

Land Act as Amended by ACT 1 of 2004:

Sec. 38A. (4) “family land” means land—

(a) on which is situated the ordinary residence of a family;

(b) on which is situated the ordinary residence of the family and from
which the family derives sustenance;

(c) which the family freely and voluntarily agrees shall be treated to
qualify under paragraph (a) or (b); or

(d) which is treated as family land according to the norms, culture,

customs, traditions or religion of the family;

“ordinary residence” means the place where a person resides with some
degree of continuity apart from accidental or temporary absences; and a
person is ordinarily resident in a place when he or she intends to make
that place his or her home for an indefinite period;

“land from which a family derives sustenance” means—

(a) land which the family farms; or
(b) land which the family treats as the principal place which provides the
livelihood of the family; or
(c) land which the family freely and voluntarily agrees, shall be treated as
the family's principal place or source of income for food.

1. Tenant by occupancy or Spouse lodging a caveat to protect

interest in land:

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Legal Premise:

Land ACT CAP 227

Sec 39 (7) A spouse, not being the owner of the land to which subsection
(1) applies, may lodge a caveat on the certificate of title, certificate of
occupancy or certificate of customary ownership of the person who is the
owner of the land to indicate that the property is subject to the
requirement of consent under subsection (1).

Land Regulations 2004

Regulation 58. Lodging of a caveat
Any person having a claim or interest in land or right of occupancy,
which is subject of a transaction, may lodge a caveat in Form 37 specified
in the First Schedule to these Regulations.
Regulation 59. Recorder may reject a caveat
The recorder shall not accept the caveat unless the caveator has made a
declaration in Form 37 specified in the First Schedule to these
Regulations, verifying the truth of a claim stated in the caveat.

Regulation Rule 60. Effect of a caveat

The effect of a caveat is to prevent any transfer, sell, exchange, pledge,
mortgage, lease or change in ownership or any transaction affecting the
land or right of occupancy.

Procedure:
Present to the registrar a caveat.
Supported by the requisite declaration.

Documents:
- Caveat (Form 37)
- Declaration (form 37)

CHAPTER V: Powers of Attorney:

Legal Premise:
Who may make this:

The Registration of Titles ACT CAP 230.

Sec. 146. Power of attorney and revocation of the power of attorney.
(1) The proprietor of any land under the operation of this Act or of any
lease or mortgage may appoint any person to act for him or her in
transferring that land, lease or mortgage or otherwise dealing with it by

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signing a power of attorney in the form in the Sixteenth Schedule to this

Act.

CASE LAW:
1. M/s Ayigiyiyugu & Co. Advocates vs. Muteteri Munyankindi
(1988-1990) H.C.B 161
Per Tsekooko AGJ: The holder takes proceedings on behalf of the owner
(donor)/can for all legal purposes be deemed the donor.

2. Fredrick Zaabwe vs. Orient Bank and others civil Appeal no.4 of
2006
Per Katureebe JSC Pg 16-17:
- The donee can only use it for the express purpose of its grant.
- The donee cannot use it to the exclusion and detriment of the donor.

Requirements:

The Registration of Titles ACT CAP 230.

Sec. 146 (2) Every such power of attorney shall be registered in
accordance with the Registration of Documents Act, and if so registered
within four months after the date thereof shall be presumed to be in force
at the time of its registration unless a revocation of that power of attorney
has been previously registered under that Act; but nothing in this
subsection shall diminish the force and effect of any power of attorney if
registered after the expiration of that period of four months.

Witnessing of the creation of the power of Attorney:

Sec 147. Attestation of instruments and powers of attorney.

(1) Instruments and powers of attorney under this Act signed by any
person and attested by one witness shall be held to be duly executed, and
that witness may be—inter alia:
(ix) any other person authorised in that behalf by the Minister by statutory
instrument;

The Registration of Titles (Attestation of Documents) (Authorised

Witnesses) Instrument. SI 230-1

Rule 2. Authorised witnesses.

The persons specified in—
(a) the First Schedule to this Instrument are authorised to be witnesses for
the attestation of instruments and powers of attorney within the limits of
Uganda;

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(b) the Second Schedule to this Instrument are authorised to be witnesses

for such attestation whether within or without the limits of Uganda; and

(c) the Third Schedule to this Instrument are authorised to be witnesses

for such attestation without the limits of Uganda.

Authorised witnesses within Uganda.

1. Any licensed surveyor of Uganda.

2. Any person while employed as a clerk to a practising advocate of

Uganda within the meaning of section 195 of the Act or to a licensed
surveyor, whose name shall be submitted by that advocate or licensed
surveyor to, and approved by, the registrar of titles.

3. Any person while employed as a clerk in the service of the Government

of Uganda, whose name shall be submitted to, and approved by, the
registrar of titles.

Authorised witnesses within or outside Uganda.

1. Any person who is employed by a bank as assistant manager,
submanager, accountant, subaccountant or chief clerk.
2. Any person who is a chartered, incorporated or certified accountant or
secretary.

Authorised witnesses outside Uganda.

Any person who is entitled to practise as an advocate in Kenya or
Tanzania.

CHAPTER VI: BONAFIDE PURCHASER:

Outline:
- Purchasers not obligated to inquire into how the vendor acquired
title.
- At purchase time was acting in good faith.
- Is one who paid legally recognised value
- Has had his interest registered i.e. it is a legal interest that he has.
- Without notice directly or indirectly of any fraud.
- Has no duty to inquire into how the seller/vendor acquired the title.
- Is protected against eviction.
- Other provisions applicable to proprietor apply to him i.e. is with
good title.

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Legal Premise:

Purchaser has no duty to inquire into how the seller/vendor acquired

the title.

THE REGISTRATION OF TITLES ACT.CAP 230:

Sec. 136. Purchaser from registered proprietor not to be affected by
notice.
Except in the case of fraud, no person contracting or dealing with or
taking or proposing to take a transfer from the proprietor of any registered
land, lease or mortgage shall be required or in any manner concerned to
inquire or ascertain the circumstances in or the consideration for which
that proprietor or any previous proprietor thereof was registered, or to see
to the application of any purchase or consideration money, or shall be
affected by notice actual or constructive of any trust or unregistered
interest, any rule of law or equity to the contrary notwithstanding, and the
knowledge that any such trust or unregistered interest is in existence shall
not of itself be imputed as fraud.
CASE: David Sejjaka vs. Rebecca Musoke (1992) 5 K.A.L.R 132: The
above section does not apply in cases or circumstances involving fraud
and that it’s purpose is to ensure financial and other factual convenience
ends on the end of the buyer.

Characteristics of a Bona-fide Purchaser:

Is a purchaser who at the purchase time was acting in good faith, paid
legally recognised value and had his interest registered i.e. it is a legal
interest without notice directly or indirectly of any fraud and in good
faith.

Bona-fide individual:

CASE: David Sejjaka Nalima vs. Rebecca Musoke (1992) 5 K.L.A.R

132: Without any intent to defeat any interest thereon.

Acquired interest by Purchase for legally recognised value:

CASE: S.M Sekabanja vs. A. Sajjabi and three others: Since such
donee is not a purchaser for value then he or she is not protected by the
law.

CASE: Warsland vs. Maitland: Can also include consideration in

measurements of love and affection.

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Without notice of fraud:

CASE: David Sejjaka Nalima vs. Rebecca Musoke (1992) 5 K.L.A.R.

132: This can either be actual knowledge or knowledge of an agent of the
purchaser in respect of that transaction. Court also held that there is
notice when suspicions are aroused but not investigated.

Rights of a bona-fide purchaser:

Outline:
- If sets up this defence has burden of proving it
- Protected from eviction.

If sets up this defence has burden of proving it

CASE: David Sejjaka Nalima vs. Rebecca Musoke (1992) 5 K.L.A.R.

132: Held that the person that sets this up is the one supposed to prove it.

The bona-fide purchaser is protected against eviction.

THE REGISTRATION OF TITLES ACT.CAP 230:

Sec. 181. Purchasers protected.
Nothing in this Act shall be so interpreted as to leave subject to an action
of ejectment or to an action for recovery of damages as aforesaid or for
deprivation of the estate or interest in respect to which he or she is
registered as proprietor any purchaser bona fide for valuable
consideration of land under the operation of this Act, on the ground that
the proprietor through or under whom he or she claims was registered as
proprietor through fraud or error or has derived from or through a person
registered as proprietor through fraud or error; and this applies whether
the fraud or error consists in wrong description of the boundaries or of the
parcels of any land or otherwise howsoever.

THE REGISTRATION OF TITLES ACT.CAP 230:

Sec. 176. Registered proprietor protected against ejectment except in
certain cases. (Look Out for missing Exceptions)
No action of ejectment or other action for the recovery of any land shall
lie or be sustained against the person registered as proprietor under this
Act, and in any case other than as aforesaid the production of the
registered certificate of title or lease shall be held in every court to be an
absolute bar and estoppel to any such action against the person named in
that document as the grantee, owner, proprietor or lessee of the land
described in it, any rule of law or equity to the contrary notwithstanding.

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CASE: Andrea Lwanga vs. The Registra of Titles (1980) H.C.B 24:
The Court held that the title of a Bona-fide purchaser is impeachable by
operation of the above sections.

Effect of Registration:

Outline:
- Certificate of title is conclusive evidence (Except on proof of fraud,
illegality or lack of consideration.).
- Superiority of interest over all others.

Legal Premise:

The Registration of Titles ACT CAP 230:

Sec. 59. Certificate to be conclusive evidence of title.
No certificate of title issued upon an application to bring land under this
Act shall be impeached or defeasible by reason or on account of any
informality or irregularity in the application or in the proceedings
previous to the registration of the certificate, and every certificate of title
issued under this Act shall be received in all courts as evidence of the
particulars set forth in the certificate and of the entry of the certificate in
the Register Book, and shall be conclusive evidence that the person
named in the certificate as the proprietor of or having any estate or
interest in or power to appoint or dispose of the land described in the
certificate is seized or possessed of that estate or interest or has that
power.

CASE: Patel vs. Patel (1992-1993) H.C.B 137: Held above and added
that the certificate can only be defeated upon proof of illegality, fraud
or/and lack of consideration,

The superiority of legal interests over all other interests:

Outline:
- Legal Interest superior over all others
- If all equitable interests then the first in time rule operates.

Legal Premise:

Legal Interest superior over all others

The Registration of Titles ACT CAP 230:
Sec. 64. Estate of registered proprietor paramount.
(1) Notwithstanding the existence in any other person of any estate or
interest, whether derived by grant or otherwise, which but for this Act

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might be held to be paramount or to have priority, the proprietor of land

or of any estate or interest in land under the operation of this Act shall,
except in the case of fraud, hold the land or estate or interest in land
subject to such encumbrances as are notified on the folium of the Register
Book constituted by the certificate of title, but absolutely free from all
other encumbrances, except the estate or interest of a proprietor claiming
the same land under a prior registered certificate of title, and except as
regards any portion of land that by wrong description of parcels or
boundaries is included in the certificate of title or instrument evidencing
the title of such proprietor not being a purchaser for valuable
consideration or deriving from or through such a purchaser.

Case: Kristopha Zimbe vs. Kanza (1952-1956) 7 U.L.R 68: The first to
register a legal interest shall take priority.

If all equitable then the first in time rule operates.

CASE: Mustafa Ndigejjerwa vs. Kigo and another (1952-1956) 7

U.L.R 24: When two interests are both equitable the one that came first
will take priority.

CHAPTER VII: Nature of Fraud In Land dealings:

Outline:
- Exists where there is some act of dishonesty or actual fraud.
- Forgery of signatures.
- Failure to follow requisite procedure.
- If there are a series of transaction fraud at one stage is enough to
taint the whole transaction and all other series of transactions.
- Any intent to defeat an interest on the suit land.

Legal Premise:

Exists where there is some act of dishonesty or actual fraud.

Case: David Sejjaka Nalima vs. Rebecca Musoke (1992) 5 K.L.R 132:
Fraud in land matters refers to actual dishonest or some other act of
dishonesty.

Forgery of signatures:

Case: Zebiya Ndagire vs. Leo Kasujja (1974) H.C.B 153: Forgery of
the vendors signature on the transfer form amounted to fraud.

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Failure to follow requisite procedure:

Case: Kampala District Land Board and another vs. National

Housing and Construction Civil Appeal No. 2004: Failure to follow
requisite procedures amounted to fraud.

If there are a series of transaction fraud at one stage is enough to

taint the whole transaction and all other series of transactions:

CASE: Edward Musis vs. Grindlays Bank (1983) H.C.B 39: Held that
were there are a series of transaction fraud at one stage is enough to taint
the whole transaction with fraud.

Any intent to defeat an interest on the suit land.

Case: David Sejjaka Nalima vs. Rebecca Musoke (1992) 5 K.L.R 132:
Fraud in land matters refers to actual dishonest or some other act of
dishonesty.

Effects of Fraud:

Outline:
- The above Advantages accrue to only bona-fide proprietors as
opposed to fraudulent ones.
- Fraudster can transfer a good title to a bonafide purchaser for
value.
- Fraudster cannot give out a ‘gift’ of land that is the object of his
fraud

Legal Premise:

Fraud negatives proprietorship:

The Registration of Titles ACT CAP 230:

Sec 77. Certificate void for fraud.
Any certificate of title, entry, removal of encumbrance, or cancellation, in
the Register Book, procured or made by fraud, shall be void as against all
parties or privies to the fraud.

Case: Zabwe vs. Orient Bank and others Civil Appeal No. 4 of 2006:
The effect of fraud is to make the whole transaction a nullity.

Fraudster can transfer a good title to a bonafide purchaser for value:

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Case: Andrea Lwanga vs. The Registra of Titles (1980) H.C.B 24: A
Fraudster can pass good title to a bona-fide purchaser for value whose
title then becomes impeachable.

Fraudster cannot give out a ‘gift’ of land that is the object of his
fraud:

CASE: S.M Sekabanja vs. A. Sajjabi and three others: Since such
donee is not a purchaser for value then he or she is not protected by the
law.

Remedies of person defrauded of land:

Outline:
- Seek a caveat.
- Apply to court for order to cancel the certificate.
- The Registrar calls back the fraudsters certificate.
- Apply to court for declaration as to the rights in the property.
- Eviction of the fraudster.

Lodge Caveat:

THE REGISTRATION OF TITLES ACT.CAP 230

SEC. 139. Caveat may be lodged and withdrawn.
(1) Any beneficiary or other person claiming any estate or interest in land
under the operation of this Act or in any lease or mortgage under any
unregistered instrument or by devolution in law or otherwise may lodge a
caveat with the registrar in the form in the Fifteenth Schedule to this Act
or as near to that as circumstances permit, forbidding the registration of
any person as transferee or proprietor of and of any instrument affecting
that estate or interest until after notice of the intended registration or
dealing is given to the caveator, or unless the instrument is expressed to
be subject to the claim of the caveator as is required in the caveat, or
unless the caveator consents in writing to the registration.

THE REGISTRATION OF TITLES ACT.CAP 230

SEC. 139. (3) The person lodging such caveat shall, if required, support
the caveat by an affidavit, stating the nature of the title under which the
claim is made, and may withdraw any such caveat.

Apply for cancellation of the fraudster’s certificate:

THE REGISTRATION OF TITLES ACT.CAP 230

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Sec. 177 Powers of High Court to direct cancellation of certificate or

entry in certain cases.
Upon the recovery of any land, estate or interest by any proceeding from
the person registered as proprietor thereof, the High Court may in any
case in which the proceeding is not herein expressly barred, direct the
registrar to cancel any certificate of title or instrument, or any entry or
memorial in the Register Book relating to that land, estate or interest, and
to substitute such certificate of title or entry as the circumstances of the
case require; and the registrar shall give effect to that order.
CASE: Zebiya Ndagire vs. Leo Kasujja (1974) H.C.B 153: Held the
above as a remedy when there is a fraudulent transfer.

CASE: Andrea Lwanga vs. The Registra of Titles (1980) H.C.B 24:
The Court held that the above remedy can only accrue where there is a
court order to that effect i.e. a consequential order without which the
registrar is entitled not to effect a cancellation of the fraudsters certificate.

The Registrar call back the fraudsters copy of the title for
cancellation:

Sec.73. Registrar may call in duplicate certificate on sale by court or

mortgagee or when required for cancellation, etc.
On any transfer by a mortgagee to a purchaser or under any decree,
judgment or order of any court, of any land, estate or interest under this
Act, or for the purpose of registering any instrument subject to a first
mortgage or for the purpose of rectifying or cancelling any certificate
under this Act or for the purpose of inspection in case of loss, destruction
or obliteration of any original certificate of title, the registrar shall by
writing under his or her hand require the judgment debtor, mortgagor or
mortgagee or proprietor of the land comprised in any duplicate or
triplicate certificate of title, mortgage, lease or other instrument, or the
person having possession, custody or control of any such duplicate or
triplicate, to send it to the office of titles within a period named in the
requisition, not less than seven days from the date of the requisition, to be
endorsed, cancelled, rectified or otherwise dealt with, as the case requires.

Case: Zebiya Ndagire vs. Leo Kasujja (1974) H.C.B 153: Held the
above as a remedy when there is a fraudulent transfer.

Evict the fraudster:

THE REGISTRATION OF TITLES ACT.CAP 230

Sec. 176. Registered proprietor protected against ejectment except in
certain cases.

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No action of ejectment or other action for the recovery of any land shall
lie or be sustained against the person registered as proprietor under this
Act, except in any of the following cases
(c) the case of a person deprived of any land by fraud as against the
person registered as proprietor of that land through fraud or as against a
person deriving otherwise than as a transferee bona fide for value from or
through a person so registered through fraud;

Application of a declaration as to the rights of the parties vis-à-vis the

land in Question:

CASE: Shokatoli Abdullah Dhalla vs. Sadrudin (1995) 1 K.L.A.R 117:

Held all above as preferable remedies albeit not conclusive.

Caveat:

Outline:

1. Present to the registrar a caveat.

2. Supported with an affidavit stating your fears/concerns
3. Forum: The registrar.

Documents:

2. The Caveat. (Form in the 15th schedule)

3. Affidavit in support.
Fee:
Item No. 5: 10,000UGX

Applying to the High Court:

Outline:
- Ordinary Plaint.
- Temporary Injunction.
- Interim Order.
- Forum: High court.

Legal Premise:

By Ordinary Plaint:

THE REGISTRATION OF TITLES ACT.CAP 230:

Sec. 188. Ordinary rules of procedure and rights of appeal to apply.

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Subject to section 189 and to any rules which may be made by the Chief
Justice under any of the powers conferred on him or her, the same rules of
procedure and practice shall apply in proceedings before any court under
this Act as are in force for the time being in respect of ordinary
proceedings before that court; and there shall be the same rights of appeal
in respect of proceedings under this Act as exist for the time being in
respect of ordinary proceedings.

The Civil Procedure ACT CAP 71:

Sec 19. Institution of suits.
Every suit shall be instituted in such manner as may be prescribed by
rules.

The civil Procedure Rules S.I 71-1:

Order 4 Rule 1. Suit to be commenced by plaint.
(1) Every suit shall be instituted by presenting a plaint to the court or such
officer as it appoints for this purpose.

Order 4 Rule 1. Suit to be commenced by plaint.

(2) Every plaint shall comply with the rules contained in Orders VI and
VII of these Rules so far as they are applicable.

Documents:
- Notice of intention to sue.
- Plaint.
- Summary of Evidence.
- Summons to file a defence.
- Affidavit of Service.

Temporary Injunction:

Requirements before grant: (Uganda Telecom vs. Justus Ampeire

(2001-2005) 3 H.C.B)
1. Irreparable Damage
2. Balance of convenience.
3. Prima facie case.

Legal Premise:

Judicature Act:
Sec 38. Injunctions.
(1) The High Court shall have power to grant an injunction to restrain any
person from doing any act as may be specified by the High Court.

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Order 41 Rule 1. Cases in which temporary injunction may be

granted.
Where in any suit it is proved by affidavit or otherwise—
(a) that any property in dispute in a suit is in danger of being wasted,
damaged, or alienated by any party to the suit, or wrongfully sold in
execution of a decree; or

Procedure:
Order 41 Rule 9. Procedure under this Order.
Applications under rules 1 and 2 of this Order shall be by summons in
chambers; all other applications under this Order shall be by motion on
notice.

Documents:
- Chamber Summons (Under Rule 7)
- Notice of Motion (Under Rule 1)
- Affidavit in Support.
- Affidavit of Service.
- Summary of Evidence.

Interim Order:

Legal Premise:

Civil Procedure ACT:

Sec 98. Savings of inherent powers of court.
Nothing in this Act shall be deemed to limit or otherwise affect the
inherent power of the court to make such orders as may be necessary for
the ends of justice or to prevent abuse of the process of the court.

Procedure:

Civil Procedure Rules:

Order 50 Rule1. General powers.
Wherever in the Act or in the rules under the Act it is provided that any
act or thing may be done by such officer as the court may appoint, that act
or thing may be done by the registrar.

Order 50 Rule 3. Formal and interlocutory matters.

All formal steps preliminary to the trial, and all interlocutory applications,
may be made and taken before the registrar.

Order 52 Rule 1. Procedure under this Order.

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All applications to the court, except where otherwise expressly provided

for under these Rules, shall be by motion and shall be heard in open
court.
Documents:
- Notice of motion.
- Affidavit in Support.
- Summary of Evidence.
- Affidavit of service. (If it was not ex-parte)

CHAPTER VIII: COMPENSATION OF PERSONS

DEPRIOVED OF LAND:
Outline:
- From the fraudster.
- Persons on whose land bona-fide occupants were settled.
- Acquisition of the tenant by occupancy’s interest by the registered
proprietor.
- Were there is a compulsory acquisition of land.

Legal Premise:

Compensation from fraudster:

Outline:
- Deprived of Land
- Through fraud, error or mis-description.
- Through bringing the land under the ACT.
- Any entry or record in the registry.
- Made against that person in whose respect the above was made.
- Recoverable from government when transferred the same bonafide
for value or the fraudster is dead or adjudged bankruptor missing in
the jurisidiction.
- The costs and value of the land excluding subsequent
improvements.

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- Except that the government will not be liable were the proprietor is
a trustee.

Legal Premise:

The Registration of Titles ACT:

Sec. 178. Compensation of party deprived of land.
Any person deprived of land or of any estate or interest in land in
consequence of fraud or through the bringing of the land under the
operation of this Act or by the registration of any other person as
proprietor of the land, estate or interest or in consequence of any error or
mis-description in any registered certificate of title or in any entry or
memorial in the Register Book may bring and prosecute an action for the
recovery of damages against the person upon whose application the land
was brought under the operation of this Act, or the erroneous registration
was made, or who acquired title to the estate or interest through the fraud,
error or misdescription; but—

(a) except in the case of fraud or of error occasioned by any omission,

misrepresentation or misdescription in the application of the person to
bring such land under the operation of this Act or to be registered as
proprietor of the land, estate or interest or in any instrument signed by
him or her, that person shall upon a transfer of the land bona fide for
value cease to be liable for the payment of any damage which but for the
transfer might have been recovered from him or her under the provisions
herein contained; and in the last-mentioned case, and also in case the
person against whom the action for damages is directed to be brought as
aforesaid is dead or has been adjudged bankrupt or cannot be found
within the jurisdiction of the High Court, then and in any such case such
damages with costs of action may be recovered from the Government;
and

(b) in estimating the damages the value of all buildings and other
improvements erected or made subsequently to the deprivation shall be
excluded.

Exception to government in cases of trustees:

The Registration of Titles ACT:
Sec. 180. Government not liable in certain cases.
The Government shall not in any circumstances be liable for
compensation for any loss, damage or deprivation occasioned by the
breach by a proprietor of any trust, whether express, implied or
constructive; nor in any case in which the same land has been included in
two or more grants or final mailo certificates; nor in any case in which the

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loss or deprivation has been occasioned by any land being included in the
same certificate of title with other land through misdescription of
boundaries or parcels of any land unless in the case last aforesaid it is
proved that the person liable for compensation and damages is dead or
has absconded or has been adjudged bankrupt or is unable to pay the full
amount awarded in any action for recovery of such compensation and
damages; but—

(a) any amount paid by the Government on account of any person who
has absconded may be recovered from that person at any time thereafter;
and

(b) the Government shall be liable for such amounts only as cannot be
recovered from the person liable as aforesaid.

A person on whose land a bona-fide occupant was settled was entitled

to compensation.

Land ACT CAP:

Sec. 29. Meaning of “lawful occupant” and “bona fide occupant”.

Acquisition of the tenant by occupancy’s interest by the registered

proprietor:

Land ACT CAP :

Sec. 37 Abandonment and termination of occupancy.
(4) Where the tenant by occupancy is compelled to vacate the land by
reason of the fact that his or her building has been condemned or
demolished by order of a body or authority authorised to do so under any
enactment, then where the occupancy is in respect of land in an urban
area—

(c) the registered owner shall have the right with the approval of the
board to acquire the right of occupancy upon payment to the occupant of
compensation for the right of occupancy and any development of the
land, determined by a valuer appointed by the Government.

Upon the compulsory acquisition of an individuals Land:

Outline:
- There is lawfull compulsory land acquisition.
- Compensation to be fair and adequate.
- Compensation further based on a fair market value on a willing
buyer and seller basis.
- Compensation comes from the Land fund.

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Legal Premise:

The Constitution of Uganda 1995:

Article. 26. Protection from deprivation of property.
(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

There is a law full compulsory land acquisition.

Land ACT CAP:

Sec. 42. Acquisition of land by the Government.
The Government or a local government may acquire land in accordance
with articles 26 and 237(2) of the Constitution.

The said Compensation is to be fair and adequate.

Land ACT CAP :

Sec. 41. Land Fund.
(6) Notwithstanding any provisions to the contrary in the Land
Acquisition Act
(a) any compulsory acquisition of land for purposes of implementing
subsection (4)(b) shall be at a fair market valuation assessed on a willing
seller willing buyer basis;
(b) no person from whom land is to be acquired under this section shall
be required to vacate that land until he or she has received the
compensation awarded to, or agreed to, by him or her

The source of the compensation:

Land ACT CAP :

Sec. 41. Land Fund.
(1) There shall be a fund to be known as the Land Fund.

Land ACT CAP :

Sec. 41. Land Fund.
(6) Notwithstanding any provisions to the contrary in the Land
Acquisition Act
(c) the commission shall pay compensation for any losses caused by
severance or injurious affection;

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(d) the commission shall pay all reasonable costs of disturbance to the
person from whom land is to be acquired; and

(e) in the case of land occupied under customary tenure, in addition to

compensation assessed under this section, there shall be paid as a
disturbance allowance a sum not exceeding 15 percent of the sum
awarded to the person from whom land is to be acquired where that
person was using the land as his or her home.

CHAPTER IX: LIMITATION IN LAND CASES/MATTERS:

Limitation for recovery of land:

Outline:
- Applies when person wants to recover the land it’s self.
- Exception (fraud and mistake)

Legal Premise:

General Period for Limitation:

Limitation ACT CAP

Sec. 5. Limitation of actions to recover land.
No action shall be brought by any person to recover any land after the
expiration of twelve years from the date on which the right of action
accrued to him or her or, if it first accrued to some person through whom
he or she claims, to that person.

Exception:

Limitation ACT CAP

SEC. 25. Postponement of limitation period in case of fraud or
mistake.
Where, in the case of any action for which a period of limitation is
prescribed
by this Act, either—
(a) the action is based upon the fraud of the defendant or his or her agent
or of any person through whom he or she claims or his or her agent;
(b) the right of action is concealed by the fraud of any such person as
is mentioned in paragraph (a) of this section; the period of limitation shall
not begin to run until the plaintiff has discovered the fraud or the mistake,
or could with reasonable diligence have discovered it; but nothing in this

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section shall enable any action to be brought to recover, or enforce any

charge against, or set aside any transaction affecting, any property which

Limitation for recovery of Compensation:

Applies:
- To loss of land by registration of the same by a culprit in there
names.
- Exception in the cases of disability.( disability of coverture (except
in the case of a married woman entitled to bring the action),
infancy, lunacy or unsoundness of mind)

The Registration Of Titles ACT:

Sec. 187. Limitation of actions.
(1) No action for recovery of damages sustained through deprivation of
land or of any estate or interest in land shall lie or be sustained against the
Government or against the person upon whose application that land was
brought under the operation of this Act or against the person who applied
to be registered as proprietor in respect to the land, unless the action is
commenced within six years from the date of the deprivation; except that
any person being under the disability of coverture (except in the case of a
married woman entitled to bring the action), infancy, lunacy or
unsoundness of mind, may bring the action within six years from the date
on which the disability has ceased, so, however, that the action is brought
within thirty years next after the date of the deprivation.

CHAPTER X: Vesting Orders:

Types of Vesting Orders:

- Incomplete sale.
- On Court Order.
- Acquisition by prescription.

Incomplete sale:

Out Line of procedure:

- Apply to the registrar in the requisite form.
- Advertise the application in the gazette and issue notice to any
persons thought to have an interest in the matter.
- Place a copy of the notice of application on the land in question.
- Cancel past certificate then issue an appropriate one to the
applicant.

Legal Premise:

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The Registration of Title ACT:

Sec. 167. Power of registrar to make a vesting order in cases of
completed purchase.
If it is proved to the satisfaction of the registrar that land under this Act
has been sold by the proprietor and the whole of the purchase money
paid, and that the purchaser has or those claiming under the purchaser
have entered and taken possession under the purchase, and that entry
and possession have been acquiesced in by the vendor or his or her
representatives, but that a transfer has never been executed by the vendor
and cannot be obtained by reason that the vendor is dead or residing out
of the jurisdiction or cannot be found, the registrar may make a vesting
order in the premises and may include in the order a direction for the
payment of such an additional fee in respect of assurance of title as he or
she may think fit, and the registrar upon the payment of that additional
fee, if any, shall effect the registration directed to be made by section 166
in the case of the vesting orders mentioned there, and the effecting or the
omission to effect that registration shall be attended by the same results as
declared by section 166 in respect of the vesting orders mentioned there.

CASE LAW:
Re Ivan Mutaka (1980) H.C.B: Requirements for a vesting order under
sec 167:
- The existence of a sale of land.
- The land is registered under the R.T.A
- The whole purchase price was paid.
- Entry and possession have been acquiesced by the
vendor/representative of the same.
- Transfer was never executed.
- The vendor is either dead or outside the jurisdiction.

Procedure:

The Registration of Title ACT:

Sec. 79. Form of application.(WITH REQUISITE
MODIFICATIONS)
Every application under section 78 shall be—
(a) in writing in the form or to the effect of the Sixth Schedule to this
Act, and shall include the several particulars mentioned or referred to in
that Schedule;

(b) signed by the applicant, or in the case of a corporation by a person

authorised in that behalf in writing under the seal of the corporation;

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(c) attested by at least one witness being a person mentioned in that

behalf in section 147;

(d) supported by a statutory declaration by the person signing it that the

several statements in it are true; and

(e) accompanied by a survey plan (with field notes) of the land.

Fee:
Item No. 13: 10,000UGX
Vesting Order By Prescription:

The Registration of Titles ACT:

Sec 78. Person claiming title by possession.
A person who claims that he or she has acquired a title by possession to
land registered under this Act may apply to the registrar for an order
vesting the land in him or her for an estate in fee simple or the other
estate claimed.

Procedure:

The Registration of Title ACT:

Sec. 79. Form of application.
Every application under section 78 shall be—
(a) in writing in the form or to the effect of the Sixth Schedule to this Act,
and shall include the several particulars mentioned or referred to in that
Schedule;

(b) signed by the applicant, or in the case of a corporation by a person

authorised in that behalf in writing under the seal of the corporation;

(c) attested by at least one witness being a person mentioned in that

behalf in section 147;

(d) supported by a statutory declaration by the person signing it that the

several statements in it are true; and

(e) accompanied by a survey plan (with field notes) of the land.

The Registration of Title ACT:

Sec. 81. Advertisement and service of notice of application.
If an application under section 78 is not rejected by the registrar under
section 80, he or she shall advertise notice of the application, at the
applicant’s expense, once at least in the Gazette, and may give the notice

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to such person or persons as he or she deems fit; and notice of the

application shall be given to every person appearing by the Register Book
to have any estate or interest in the land or in any incumbrance notified
on the title of the land.

The Registration of Title ACT:

Sec. 84. Contents of notice.
(1) The notice of application required by section 81 shall—
(a) specify the volume and folium of the grant or certificate of title
affected by the application, and any mortgage or lease registered as an
incumbrance on the grant or certificate of title; and

(b) be dated and be served by being sent in a registered letter marked

outside “Office of Titles”, posted to each person to be served at his or her
address, if any, stated in the Register Book, subject to section 191, or
supplied by the applicant.

(2) The registrar shall cause a copy of each notice to be filed with a
memorandum of the notice having been sent, and the memorandum shall
be sufficient evidence that the notice was duly sent.
CASE LAW: Adonia vs. Mutekanga (1970) E.A 429: Held that the
proceedings for the vesting order must be served on the registered
propietor

The Registration of Title ACT:

Sec 82. Copy to be posted.
The applicant shall cause a copy of the notice of application to be posted
in a conspicuous place on the land or at such place as the registrar directs,
and to be kept so posted for not less than three months prior to the
granting of the application.

The Registration of Title ACT:

Sec. 87. Cancellation of existing certificate and issue of new one.
Subject as aforesaid, after the expiration of the time appointed, the
registrar, if satisfied that the applicant has acquired a title by possession
to the land, may—
(a) cancel the existing certificate of title and any instrument, entry or
memorial in the Register Book altogether or to such extent as is
necessary; and

(b) issue to the applicant or person entitled to receive it a new certificate

of title for an estate in fee simple or the other estate acquired in the land
by the applicant free from all incumbrances appearing by the Register
Book to affect the existing title, which have been determined or

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extinguished by such possession and free from any easement notified as

an incumbrance which has been proved to the satisfaction of the registrar
to have been abandoned.

DOCUMENTS:
- Application in the form of the sixth schedule.
- Statutory Declaration in support.
- Survey plan.
- Notice
- Advertisement in the Gazzaette.

Fees:

Item No. 7: 0.5% of Land Value

Vesting By the Court of Law:

Outline:
- Applicant must have appeared before the court.
- Must have been deemed a trustee of that land.
- Hence court vests that land in such applicant in that capacity i.e. a
trustee.

Legal Premise:

The Registration of Title ACT:

Sec. 166. Registrar to carry out order vesting trust estate.
(1) Whenever any person interested in land under the operation of this
Act or any estate or interest in the land appears to the High Court to be a
trustee of that land, estate or interest within the intent and meaning of any
law for the time being in force relating to trust and trustees, and any
vesting order is made in the premises by the High Court, the registrar, on
being served with the order or an office copy of the order, shall enter in
the Register Book and on the duplicate certificate of title and duplicate
instrument, if any, the date of the order, the time of its production to him
or her, and the name and addition of the person in whom the order
purports to vest the land, estate or interest; and upon the date of that
registration as defined in section 46(3), that person shall become the
transferee and be deemed to be the proprietor of the land, estate or
interest.
Fee: Item No. 8: 10,000UGX
CHAPTER XI: The District Land Board:

Establishment and Corporate status:

Outline:

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- Are created by the law.

- Are corporate persons.

Legal Premise:

The Constitution of The Republic Of Uganda:

Art. 240. District land boards.
(1) There shall be a district land board for each district.

The Land ACT CAP 227:

Sec. 56. Establishment of district land boards.
(1) There shall be for each district a district land board.
(2) The board shall be a body corporate with perpetual succession and a
common seal and may sue or be sued in its corporate name.

The Land ACT CAP 227:

Sec. 56. Establishment of district land boards.
(3) A board shall meet for the discharge of its functions under this Act at
least once in every two months at such place and time as the chairperson
shall appoint.

Functions of the Board:

Outline:
- Hold onto and allocate idle land.
- Register and transfer interests in land.
- Succeed to land granted out under the former Public Land ACT.
- Other activities incidental to land.
- They Discharge these functions at meetings.

Hold and Allocate idle land:

The Constitution Of The Republic of Uganda 1995

Art. 241. Functions of district land boards.
(1) The functions of a district land board are—
(a) to hold and allocate land in the district which is not owned by any
person or authority;

The Land ACT CAP 227:

Sec. 59. Functions of a board.
(1) The functions of a board shall be to—
(a) hold and allocate land in the district which is not owned by any person
or authority;

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Case: Kampala District Land Board and Chemical Distributors vs.

N.H.C.C Civil Appeal No. 2 of 2004

Register and transfer interests in land:

The Constitution Of The Republic of Uganda 1995

Art. 241. Functions of district land boards.
(1) The functions of a district land board are—
(b) to facilitate the registration and transfer of interests in land;

The Land ACT CAP 227:

Sec. 59. Functions of a board.
(1) The functions of a board shall be to—
(b) facilitate the registration and transfer of interests in land;

Succeed land under the Public Lands ACT:

The Land ACT CAP 227:

Sec. 59. Functions of a board.
(1) The functions of a board shall be to—
(c) take over the role and exercise the powers of the lessor in the case of a
lease granted by a former controlling authority;
Case: Kampala District Land Board and Chemical Distributors vs.
N.H.C.C Civil Appeal No. 2 of 2004

The Land ACT CAP 227:

Sec 59. (8) The board shall hold in trust for the citizens the reversion on
any lease to which subsection (1)(c) relates and may exercise in relation
to the lease and the reversion the powers of a controlling authority under
the Public Lands Act, 1969, as if that Act has not been repealed; but
subject to the foregoing, that Act shall, in respect of any such lease or
reversion, have effect with such modifications as may be necessary to
give effect to this Act and shall be subject to the provisions of the
Constitution.
Case: Kampala District Land Board and Chemical Distributors vs.
N.H.C.C Civil Appeal No. 2 of 2004

Other functions that are incidental to land matters:

The Constitution Of The Republic of Uganda 1995

Art. 241. Functions of district land boards.
(1) The functions of a district land board are—

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(c) to deal with all other matters connected with land in the district in
accordance with laws made by Parliament.

The Land ACT CAP 227:

Sec. 59. Functions of a board.
(d) cause surveys, plans, maps, drawings and estimates to be made by or
through its officers or agents;

(e) compile and maintain a list of rates of compensation payable in

respect of crops, buildings of a nonpermanent nature and any other thing
that may be prescribed;

(f) review every year the list of rates of compensation referred to in

paragraph (e) of this subsection; and

(g) deal with any matter which is incidental or connected to the other
functions referred to in this subsection.

How they discharge these functions:

The Land ACT CAP 227:

Sec. 56. Establishment of district land boards.
(3) A board shall meet for the discharge of its functions under this Act at
least once in every two months at such place and time as the chairperson
shall appoint.

Powers of the Board:

Outline:
- General Powers of disposing in vested in it.
- Issuing of certificates of customary Ownership.
- Approval of the conversion of customary tenure into free hold in
prescribed form.
- Determination of third party rights during conversion into free
hold.
- Determine amount of money to be paid for the grant of the free
hold title.
- Automatic Renewal of leases for certain persons.

Legal Premise:

The Land ACT CAP 227:

Sec 69. General powers of disposal.

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Subject to this Act, the commission or a board shall have power to grant
estates and create rights or interests in land and to manage, dispose of and
otherwise deal with the estate or interest in relation to land vested in it.

Issue certificates of Customary Ownership:

The Land ACT CAP 227:

Sec. 4. Certificate of customary ownership.
(2) A certificate for customary ownership shall be in the prescribed form
and shall be issued by the board.

Role vis-à-vis the conversion of customary tenure into free hold:

The Land ACT CAP 227:

Sec. 9. Conversion of customary tenure to freehold tenure.
(2) The decision of the board approving the conversion to freehold tenure
shall be in the prescribed form.

The Land ACT CAP 227:

Sec. 9. Conversion of customary tenure to freehold tenure.
(4) On receipt of the report and recommendations of the committee, the
board shall cause the land in respect of which the application is made to
be surveyed before approving the application.

The Land ACT CAP 227:

Sec. 9. Conversion of customary tenure to freehold tenure.
(5) When the board approves an application for conversion, the board
may attach conditions to the conversion.

Deal with the conversion of any other land into free hold:

The Land ACT CAP 227:

Sec. 10. Application for grant of land in freehold.
(1) A person who wishes to be granted a freehold shall apply in the
prescribed form to the board.

Determination of third party rights on an applicants for conversion

into free hold’s land

The Land ACT CAP 227:

Sec. 13. Functions of board on application for freehold tenure.
(2) Where the committee reports, under section 12(2)(b) that a person is
entitled to the benefit of a third party right, the board shall, if it accepts
the report of the committee on the matter, and after taking into account

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the advice of the district land office, determine the nature of the third
party right.

The Land ACT CAP 227:

Sec. 13. Functions of board on application for freehold tenure.
(4) The board may, where it has determined that any person is entitled to
the benefit of a third party right in land which is subject to an application
for conversion to freehold tenure, determine that any freehold title of such
land shall be subject to such restrictions, conditions and limitations as it
considers desirable in the interests of efficiency and equity in land
management or as will enable full effect to be given to those third party
rights.

Determine the amount to be paid for that title:

The Land ACT CAP 227:

Sec. 13. Functions of board on application for freehold tenure.
(5) In respect of an application to which section 10 applies, the board
shall charge a fee for the freehold title which shall be prescribed and any
such charge at the fair market valuation shall be set by the board at the
level determined by the chief government valuer, and any fee may be paid
in one lump sum or in installments as the board may determine.

Power to convert a Lease hold in former public land into a Free hold:

The Land ACT CAP 227:

Sec. 28. Conversion of leasehold into freehold.
(1) Any lease which was granted to a Ugandan citizen out of former
public land and was subsisting on the coming into force of this Act may
be converted into freehold if the board is satisfied that the following
conditions have been complied with:
(a) that the leasehold is authentic and genuine;

(b) that there were no customary tenants on the land at the time of
acquisition of the lease;

(c) that if there were any customary tenants on the land at the time of
acquisition whose tenancy was disclosed, those tenants were duly
compensated;

(d) that all development conditions and covenants have been complied
with;

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(e) that any other conditions imposed by law from time to time have been
complied with; and

(f) that the conversion shall be limited to one hundred hectares and that
any area in excess of one hundred hectares shall be converted only if the
board has verified it and is satisfied that it is desirable in the public
interest that it should be converted into freehold.

Automatic grant for following persons:

The Land ACT CAP 227:

Sec 95. Transitional provisions.
(4) A person whose lease had expired by the time of the coming into force
of the Constitution and who had partially or fully developed the land,
shall be entitled to a fresh grant upon application to the board.

CHAPTER XII: Replacement of lost, obliterated or

otherwise missing certificates:

Outline:
a. Apply to the Registrar.
- Duplicate must have been destroyed, obliterated or lost.
- Making a statutory declaration.
- New certificate will have to state reason for its issue.
- Shall have to first advertise the same in the gazette.

b. If Registrar refuses apply to the court.

Legal Premise:

Application to the Registrar:

The Registration of Title ACT:

Sec. 70. Lost grant.
If the duplicate certificate of title is lost or destroyed or becomes so
obliterated as to be useless, the persons having knowledge of the
circumstances may make a statutory declaration stating the facts and the
particulars of all incumbrances affecting the land or the title to the land to
the best of the deponents’ knowledge, information and belief; and the
registrar if satisfied as to the truth of the statutory declaration and the
bona fides of the transaction may issue to the proprietor a special
certificate of title to the land, which special certificate shall contain an
exact copy of the certificate of title in the Register Book and of every

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memorandum and endorsement on it, and shall state why the special
certificate is issued; and the registrar shall at the same time enter in the
Register Book notice of the issuing of the special certificate and the date
of its issuance and why it was issued; and the special certificate shall be
available for all purposes and uses for which the duplicate certificate of
title so lost or destroyed or obliterated would have been available, and
shall be equally valid with the duplicate certificate of title to all intents;
but the registrar before issuing a special certificate always shall give at
the applicant’s expense at least one month’s notice in the Gazette of his or
her intention to do so.

DOCUMENTS:
- Formal Letter of application.
- Statutory Declaration.

Fees:
- Application: 15,000UGX
- Gazzette: 250,000UGX
- Stamp Duty: 5000UGX

Application to the High Court:

The Registration of Title ACT:

Sec. 71. Issue of special certificate.
Where under any provisions of the Civil Procedure Act any court calls
upon the registrar to issue a special certificate of title, the registrar shall
issue the
special certificate as prescribed by section 70; but the registrar before
issuing the special certificate shall give notice in the Gazette of his or her
intention to do so, whereupon any person who wishes to oppose the issue
of the certificate may, within one month of the date of the notice, make an
application to the court in that behalf.

Procedure:

Outline and Documents:

- Notice of Motion.
- Affidavit in Support.
- Summary of Evidence

Legal Premise:

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THE REGISTRATION OF TITLES ACT.CAP 230:

Sec. 188. Ordinary rules of procedure and rights of appeal to apply.
Subject to section 189 and to any rules which may be made by the Chief
Justice under any of the powers conferred on him or her, the same rules of
procedure and practice shall apply in proceedings before any court under
this
Act as are in force for the time being in respect of ordinary proceedings
before that court; and there shall be the same rights of appeal in respect of
proceedings under this Act as exist for the time being in respect of
ordinary proceedings.

CASE: Isaya Katende vs. Musa Kabali (1975) H.C.B 341: Because the
proceeding involves contentious issues of fact and a lot of evidence the
requisite procedure would be by way of Notice of Motion and an
accompanying affidavit as opposed to an originating summons.

When the Registry Copy is Missing:

Legal Premise:

THE REGISTRATION OF TITLES ACT.CAP 230:

Sec. 72. Copy of lost or destroyed certificate.
If any original certificate of title is lost or destroyed or so obliterated as to
become illegible, the registrar may cause a copy of it to be prepared and
to be endorsed with all such entries as were upon the original so far as
they can be ascertained from the records of the office and other available
information and shall make and sign a memorandum upon the copy
stating that it is a substitute to be used in place of the original, and what
has become of the original so far as known or supposed, and from the
date of the copy being so signed it may be bound up in the Register Book
and used in place of the original for the purpose of dealings.

Procedure:
By Formal Letter.

CHAPTER XIII: CHARACTERRISTICS OF A VALID

LEASE:

Outline:
The parties must have capacity.
There must be valid consideration.
There must be certainty in respect to the duration of the lease.
There must be a grant of exclusive possession

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All other formal requirements on the document.

The parties must have capacity:

Outline:
Can be entered into by any owner of a freehold or mailo interest
Non-citizens may enter into leases.
Non-citizens cannot enter into a lease for participation in Agriculture.
But may be permitted to get lease for agriculture if granted special
leave by the relevant minister:

Legal Premise:

Can be entered into by any owner of a freehold or mailo interest:

The Registration of Titles ACT CAP 230:

Sec. 101. Leases of land.
The proprietor of any freehold or mailo land under the operation of this
Act may, subject to any law or agreement for the time being in force,
lease that land for any term exceeding three years by signing a lease of it
in the form in the Eighth Schedule to this Act; but no lease subject to a
mortgage shall be valid or binding against the mortgagee unless he or she
has consented in writing to the lease prior to it being registered.

Non-citizens may enter into leases.

The Constitution of Uganda 1995:

Art 237. Land ownership:
(2) (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.

The Land ACT CAP 227:

Sec. 40. Acquisition of land by a non-citizen.
(1) Subject to article 237(2)(c) of the Constitution, a non-citizen may
acquire a lease in land in accordance with this section.

Non-citizens cannot enter into a lease for participation in

Agriculture:

Investment Code ACT CAP 92:

Sec. 10. Regulation of foreign investment.

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(2) No foreign investor shall carry on the business of crop production,

animal production or acquire or be granted or lease land for the purpose
of crop production or animal production; but a foreign investor may—
(a) provide material or other assistance to Ugandan farmers in crop
production and animal production; or

(b) lease land for purposes of manufacturing or carrying out the activities
set out in the Second and Third Schedules to this Act.

Non-citizens may be permitted to get lease for agriculture if granted

special leave by the relevant minister:

Investment Code ACT CAP 92:

Sec. 10. Regulation of foreign investment.
(4) The Minister may, on the advice of the authority and with the
approval of Cabinet, by statutory instrument, exempt any business
enterprise or class of business activities from the provisions of this
section where, in the opinion of the Minister, it is necessary that for the
purpose of ensuring a regular supply of raw materials the enterprise
should lease land.

There must be certainty in respect to the duration of the lease:

Outline:
Must have a start and end either determined directly or indirectly
As regards the non-citizens the lease can only last for 99 years.

Legal Premise:

‘May’ have a start and end either determined directly or indirectly:

The Land ACT CAP 227:

Sec. 3. Incidents of forms of tenure.
(5) Leasehold tenure is a form of tenure—
(c) under which one person, namely the landlord or lessor, grants or is
deemed to have granted another person, namely the tenant or lessee,
exclusive possession of land usually but not necessarily for a period
defined, directly or indirectly, by reference to a specific date of
commencement and a specific date of ending;
CASE: Dr. Adol and three others vs. Edward Wakida Court of
Appeal Civil Appeal No. 3 of 1997: A lack of date of commencement
and ending may make the arrangement null and void for lack of certainty
under the law of contract.
CASE: Lace vs. Chatler (1944) 1 All E.R 305

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As regards the non-citizens the lease can only last for 99 years:

The Land ACT CAP 227:

Sec. 40. Acquisition of land by a non-citizen.
(3) A noncitizen shall not be granted a lease exceeding ninety-nine years.

There must be a grant of exclusive possession:

Outline:
Can keep out strangers and the landlord as well, can generally exercise
the powers of the owner of the land.
Legal Premise:

Can keep out strangers and the landlord as well, can generally
exercise the powers of the owner of the land:

The Land ACT CAP 227:

Sec. 3. Incidents of forms of tenure.
(5) Leasehold tenure is a form of tenure—
(c) under which one person, namely the landlord or lessor, grants or is
deemed to have granted another person, namely the tenant or lessee,
exclusive possession of land usually but not necessarily for a period
defined, directly or indirectly, by reference to a specific date of
commencement and a specific date of ending;

The Land ACT CAP 227:

Sec. 3. Incidents of forms of tenure.
(5) Leasehold tenure is a form of tenure—
(e) under which both the landlord and the tenant may, subject to the terms
and conditions of the lease and having due regard for the interests of the
other party, exercise such of the powers of a freehold owner as are
appropriate and possible given the specific nature of a leasehold tenure.

CASE: Street vs. Mount Ford (1985) ALL E.R 289: Defined exclusive
possession to include the above as PER Lord Temple man.
CASE: Kampala City Council vs. Mukiibi (1967) E.A. 368

There may be consideration:

Outline:
Premium i.e. the first fee followed by consistent periodical payments,
may also consist of payment by services and other goods.

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Legal Premise:

Premium i.e. the first fee followed by consistent periodical payments,

may also consist of payment by services and other goods:

The Land ACT CAP 227:

Sec. 3. Incidents of forms of tenure.
(5) Leasehold tenure is a form of tenure—
(d) usually but not necessarily in return for a rent which may be for a
capital sum known as a premium or for both a rent and a premium but
may be in return for goods or services or both or may be free of any
required return;

There must be compliance with other formal requirements:

Outline:
Creation by law or contract.
Subject to the law and freedom of contract.

Legal Premise:

Creation by law or contract:

The Land ACT CAP 227:

Sec. 3. Incidents of forms of tenure.
(5) Leasehold tenure is a form of tenure—
(a) created either by contract or by operation of law;

The Land ACT CAP 227:

Sec. 40. Acquisition of land by a noncitizen.
(6) Any citizen holding land under freehold or mailo tenure who loses
Ugandan citizenship shall have the freehold or mailo tenure converted to
a leasehold tenure for a period of ninety-nine years.

Subject to the law and freedom of contract:

The Land ACT CAP 227:

Sec. 3. Incidents of forms of tenure.
(b) the terms and conditions of which may be regulated by law to the
exclusion of any contractual agreement reached between the parties;

Procedure for creating a lease:

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Outline:
- Draft the agreement.
- Leases with ten years may be registered accordingly
- Present the document for fee assessment.
- Lodge it with the registrar
- Registrar enters the lease as an encumbrance both the duplicate and
original title.
- The lessee may request for a certificate

Legal Premise:

Leases with ten years may be registered accordingly:

The Registration of Titles ACT CAP 230:

Sec. 36. Registration of leaseholds.
(1) Any lease of freehold or mailo land registered under this Act of which
not less than ten years are unexpired may be brought under the operation
of this Act as near as may be in the manner and subject to the provisions
of this Act relating to lands alienated before the Registration of Land
Titles Ordinance, 1908, and the provisions of this Act shall, with such
adaptations as may be necessary, extend and apply accordingly.

Procedure:
- By ordinary letter to the registrar

CHAPTER XIV: TERMS IN A LEASE AGREEMENT:

Outline:
- Duration/life span of the lease.
- Payment of rent and premium.
- Term pertinent to subletting/subleasing.
- Term pertinent to the maintenance of the land pertinent to the lease.
- Term pertinent to easements

Legal Premise:

Duration/life span of the lease:

- See above.

Payment of rent and premium at the agreed time:

Outline:

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- May be monetary, goods or services or both

- Must be made at the agreed time.
- The Land lord may re-enter the said land when there is a failure
within thirty days to pay the rent with or without notice.
- Upon any transfer of the lease the transferee will have to continue
paying the rent therein contained in the agreement:

Legal Premise:

May be monetary, goods or services or both:

The Land ACT CAP 227:

Sec. 3. Incidents of forms of tenure.
(5) Leasehold tenure is a form of tenure—
(d) usually but not necessarily in return for a rent which may be for a
capital sum known as a premium or for both a rent and a premium but
may be in return for goods or services or both or may be free of any
required return;

Must be made at the agreed time:

The Registration of Titles ACT CAP 230:

Sec. 102. Covenants to be implied in every lease against the lessee.
In every lease made under this Act there shall be implied the following
covenants with the lessor and his or her transferees by the lessee binding
the latter and his or her executors, administrators and transferees—
(a) that he or she or they will pay the rent reserved by the lease at the
times mentioned in the lease;

The Land lord may re-enter the said land when there is a failure
within thirty days to pay the rent with or without notice:

The Registration of Titles ACT CAP 230:

Sec. 103. Powers to be implied in lessor.
In every lease made under this Act there shall be implied in the lessor and
his or her transferees the following powers—
(b) that in case the rent or any part of it is in arrear for the space of thirty
days, although no legal or formal demand has been made for payment of
that rent, or in case of any breach or nonobservance of any of the
covenants expressed in the lease or by law declared to be implied in the
lease on the part of the lessee or his or her transferees, and the breach or
nonobservance continuing for the space of thirty days, the lessor or his or
her transferees may reenter upon and take possession of the leased
property.

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Upon any transfer of the lease the transferee will have to continue
paying the rent therein contained in the agreement:

The Registration of Titles ACT CAP 230:

Sec. 105. Covenant to be implied on transfer of lease.
In every transfer of a lease made under this Act, and in every transfer of a
grant for years, there shall be implied a covenant with the transferor by
the transferee binding him or her and his or her executors, administrators
and transferees that he or she or they will thenceforth pay the rent by the
lease or grant reserved, and perform and observe all the covenants
contained in the lease or grant or by law declared to be implied in the
lease or grant and on the part of the lessee or his or her transferees to be
performed and observed, and will indemnify and keep harmless the
transferor and his or her representatives against all actions, suits, claims
and expenses in respect of the non-payment of the rent or the breach or
nonobservance of the covenants or any of them.

Term pertinent to subletting/subleasing:

Outline:
- A Lessee is generally permitted to sublease/sublet for more than
three years but for a period less than that which is contained in the
main lease.
- Where there is a mortgage on the land there needs to be consent
from the mortgagee.
- Where the lessee creates a sublease in which he strips himself of
both his total possession for the whole duration of the lease this
amounts to an assignment.

Legal Premise:

A Lessee is generally permitted to sublease/sublet for not more than

three years but for a period less than that which is contained in the
main lease:

The Registration of Titles ACT CAP 230:

Sec.109. Lessee may sublet.
The proprietor of any lease under this Act may, subject to any provisions
in his or her lease affecting his or her right to do so, sublet for a term not
less than three years by signing a sublease in the form in the Tenth
Schedule to this Act; but no sublease of any land subject to a mortgage
upon the lease of the land comprised in the sublease shall be valid or
binding against the mortgagee of the lease unless he or she has consented
in writing to the sublease previously to the sublease being registered.

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CASE: National and Grindlay’s Bank (K) vs. PT Punater (1965) E.A
648

Where there is a mortgage on the land there needs to be consent from

the mortgagee:

The Registration of Titles ACT CAP 230:

Sec.109. Lessee may sublet.
The proprietor of any lease under this Act may, subject to any provisions
in his or her lease affecting his or her right to do so, sublet for a term not
less than three years by signing a sublease in the form in the Tenth
Schedule to this Act; but no sublease of any land subject to a mortgage
upon the lease of the land comprised in the sublease shall be valid or
binding against the mortgagee of the lease unless he or she has consented
in writing to the sublease previously to the sublease being registered.

Where the lessee creates a sublease in which he strips himself of both

his total possession for the whole duration of the lease this amounts to
an assignment:

CASE: Milmo vs. Carreras (1947) K.B 306 Per Lord Greene MR
CASE: Souza Figueredo and Company vs. Geaorge Panagopoules
and others (1959) E.A 756

Terms pertinent to the state of the property:

Outline:
- The lessee is supposed to keep the land in good tenantable and
yield it in the same condition/state.
- The land lord may once every year enters the property at a
reasonable time, to view state of the property:

Legal Premise:

The lessee is supposed to keep the land in good tenantable and yield it
in the same condition/state:

Sec. 102. Covenants to be implied in every lease against the lessee.

In every lease made under this Act there shall be implied the following
covenants with the lessor and his or her transferees by the lessee binding
the latter and his or her executors, administrators and transferees—
(b) that he or she or they will keep and yield up the leased property in
good and tenantable repair, damage from earthquake, storm and tempest,
and reasonable wear and tear excepted.
CASE: Warren vs. Keen (1954)

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The land lord may once every year enters the property at a
reasonable time, to view state of the property:

The Registration of Titles ACT CAP 230:

Sec. 103. Powers to be implied in lessor.
In every lease made under this Act there shall be implied in the lessor and
his or her transferees the following powers—
(a) that he or she or they may with or without surveyors, workers or
others once in every year during the term, at a reasonable time of the day,
enter upon the leased property and view the state of repair of the
property;
CASE: Stocker vs. Planet Building Society (1879):

Other terms:

- The lessee to be given quite enjoyment:

CASE: Kerry vs. Preen (1963) 1 Q.B 499

- If the land in question has a house on it that the house shall be fit for
human habitation:
CASE: Smith vs. Marrable (1843)

CHAPTER XV: TERMINATION OF LEASES:

Outline:
- Forfeiture.
- Surrender
- Merger
- Efflux ion of time
- Agreement

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- Frustration.

Forfeiture:
Outline:
- This espouses re-entry by the landlord for breach of a lease
covenant
- This amounts to a termination of the lease.
- The registrar must be given notice of the re-entry
- Forfeiture on the ground of non-payment of rent is not permitted
where the tenant is now able to pay and put the land lord back in
the position he/she would have been in.

Legal Premise:

This espouses re-entry by the landlord for breach of a lease covenant

especially for non payment of rent:

The Registrar of Titles ACT CAP 230:

103. Powers to be implied in lessor.
In every lease made under this Act there shall be implied in the lessor and
his or her transferees the following powers—
(b) that in case the rent or any part of it is in arrear for the space of thirty
days, although no legal or formal demand has been made for payment of
that rent, or in case of any breach or nonobservance of any of the
covenants expressed in the lease or by law declared to be implied in the
lease on the part of the lessee or his or her transferees, and the breach or
nonobservance continuing for the space of thirty days, the lessor or his or
her transferees may reenter upon and take possession of the leased
property.

It can be through institution of an action or by actual entry.

CASE: Kasaja vs. Registrar of Titles (1992) K.L.A.R

This amounts to a termination of the lease:

CASE: Lugogo Coffee Company (Uganda) Limited vs. Singo

Combined Coffee Growers L.T.D Civil Suit No. 554 of 1973:
Nnyamchoncho held that re-entry/forfeiture by the lessor brings the lease
to an end.

The registrar must be given notice of the re-entry so as to give the

lessor back his legal interest in the land:

The Registrar of Titles ACT CAP 230:

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Sec. 114. Determination of lease or sublease by reentry to be entered

in Register Book or Sublease Register.
In the case of a lease or sublease of land under this Act, if it is proved to
the satisfaction of the registrar that the lessor or sublessor or his or her
transferee has reentered upon the premises in strict conformity with the
provisions for reentry contained in the lease or sublease, or under the
power of section 103(b), where the lease or sublease is under this Act, or
that the lessee or sublessee has abandoned the leased premises and the
lease, and that the lessor or sublessor or his or her transferee has
thereupon reentered upon and occupied the abandoned premises by
himself or herself or tenants undisturbed by the lessee or sublessee, the
registrar may make an entry of that reentry in the Register Book or in the
Sublease Register, as the case may be, and the term for which the land
was leased or subleased shall, upon that entry being made, determine and
may be removed as an incumbrance from a certificate, but without
prejudice to any action or cause of action which previously has been
commenced or has accrued in respect of any breach or nonobservance of
any covenant expressed in the lease or sublease or by law declared to be
implied in the lease or sublease.

The Registrar of Titles ACT CAP 230:

Sec. 106. Recovery of possession by lessors to be entered in Register
Book.
The registrar, upon proof to his or her satisfaction of recovery of
possession by a lessor or his or her transferees by any legal proceeding,
may make an entry of the recovery of possession in the Register Book;
and the term for which the land was leased shall upon that entry being
made determine, but without prejudice to any action or cause of action
which previously has been commenced or has accrued in respect of any
breach or nonobservance of any covenant expressed in the lease or by law
declared to be implied in it.

CASE: Lugogo Coffee Company (Uganda) Limited vs. Singo

Combined Coffee Growers L.T.D Civil Suit No. 554 of 1973:
Nnyamchoncho held that re-entry/forfeiture had to accordingly be
notified to the registrar as provided by the above section. Otherwise all
that he/she has is an equitable interest until the registrar makes the
relevant entry in the registry.

Forfeiture on the ground of non-payment of rent is not permitted

where the tenant is now able to pay and put the land lord back in the
position he/she would have been in:

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AUTHORITY: Harlsbury Laws of England 3rd Edition Paragraph

1409
CASE:

Relief from forfeiture:

Outline:
- This is effected by the lessee applying to the high court for relief
- Relief is explicitly granted were the landlord can be compensated
for any loss occasioned by the breach.
- Attention is given to the conduct of the applicant prior to the grant
of relief
- Relief will not be granted were the lessor actually re-enters with
the parties alteraing there positions and new interests are at time of
application already created e.g there are new tenants

Legal Premise:

This is effected by the lessee applying to the high court for relief:

The Judicature ACT CAP 13:

Sec. 25. Relief from reentry or forfeiture for nonpayment of rent.
(1) Where a lessor is proceeding, by action or otherwise, to enforce a
right of re-entry or forfeiture for non-payment of rent, the lessee, his or
her executors, administrators or assigns may, in the lessor’s action or in
an action brought by himself or herself, apply to the High Court for relief.

Relief is explicitly granted were the landlord can be compensated for

any loss occasioned by the breach:

CASE: Kiwanuka Musisi vs. Segawa (1973) E.A 561 as Per Judge
Nyamchoncho

Attention is given to the conduct of the applicant prior to the grant of

relief:

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The court will have to consider whether the breach was wilful, negligent
and its general gravity the court shall further have to compare the value
of the property and the alleged damages occasioned by the breach:
CASE: Shiloh Spinners L.T.D vs. Harding (1973) A.C 275 Per Lord
Wilberforce

Relief will not be granted were the lessor actually re-enters with the
parties altering there positions and new interests are at time of
application already created e.g. there are new tenants:

CASE: Gombia Marines and Contractors vs. Kiwana Misc

Application No. 13/1B/9 (Unreported) Per Byamugisha Judge.

Procedure:

The Civil Procedure ACT CAP 71

Sec. 98. Savings of inherent powers of court.
Nothing in this Act shall be deemed to limit or otherwise affect the
inherent power of the court to make such orders as may be necessary for
the ends of justice or to prevent abuse of the process of the court.

The Civil Procedure Rules S.I 71-1

Order 52 Rule 1. Procedure under this Order.
All applications to the court, except where otherwise expressly provided
for under these Rules, shall be by motion and shall be heard in open
court.

Documents:
- Notice of Motion.
- Affidavit in support.
SURRENDER:

Outline:
- This espouses the lessee giving up possession to the lessor before
the lapse of the lease time.
- It must be in writing and subsequently entered on the register.
- This is by entering word surrendered on the duplicate title.

Legal Premise:

This is by entering the word surrendered on the duplicate title:

The registration of Titles ACT CAP 230:

Sec.108. Lease may be surrendered by endorsement.

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(1) A lease under this Act may be surrendered and determined, as well by
operation of law or under any Act now or hereafter to be in force relating
to bankrupts and their estates, as by the word “Surrendered” with the date
being endorsed upon the lease or on the duplicate of the lease, if any, and
signed by the lessee or his or her transferee and by the lessor or his or her
transferee and attested by a witness.

MERGER:

This refers to the acquisition of the lessor’s reversionary interest by the

lessee.

Procedure:

The Lessor signs a transfer form.

The lessee then effects a surrender.
The lessee’s name is then entered on the mailo or freehold as the
registered proprietor.
The word merger is then endorsed on the certificate.

Effluxation of time:

This refers to the lease period coming to an end.

CHAPTER XVI: LICENSE

Nature of Licenses:
Outline:
- This is permission from the occupier of the land to another person
to perform an act on the formers land, which would in absence of
such permission amount to an illegality.
- The occupier/owner retains the possession and proprietorship of
the land.
- The existence of a licence is a question of fact and not form i.e. it is
determined by looking at the circumstances and not the form of the
agreement between the parties

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Legal Premise:

This is permission from the occupier of the land to another person to

perform another act which would in absence of such permission
amount to an illegality:

Common Law: Meggary Real Property Law Pg. 442

The occupier/owner retains the possession and proprietorship of the

land:

COMMON LAW: Thomas vs. Sorren (1673) V and H 330 at 350

CASE: Kampala City Council vs. Mukibi (1967) E.A

The existence of a licence is a question of fact and not form i.e. it is

determined by looking at the circumstances and not the form of the
agreement between the parties:

CASE: Frank Warr and Parcel L.T.D vs. L.C.C L.T.D (19_) K.B

Types of Licenses:

Outline:
- Bare licence
- Licence coupled with an interest.
- Licence for Value

Bare licence:

Outline:
- Is one which is not accompanied by any consideration; it is
gratuitous permission from the occupier of the land to another
person to perform an act on the formers land, which would in
absence of such permission amount to an illegality.
- It can be revoked at any time. With or without notice
- Upon revocation licensor does not accrue any liability for damages.

Legal Premise:

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Is one which is not accompanied by any consideration; it is gratuitous

permission from the occupier of the land to another person to
perform an act on the formers land, which would in absence of such
permission amount to an illegality:

CASE: Wood vs. Leadbitter (1845) 13 M and 838 at 845

It can be revoked at any time. With or without notice, without the

licensor accruing any liability:

CASE: Ronald Kayala vs. Hasssan Ali Ahmed S.C.C.A no.1 of 1990
(1993) 4 K.L.A.R 63.

Licence coupled with an interest:

Outline:
- Permission is accompanied with some interest in the land, either in
the land itself or some other chattel thereon.
- At common law it is irrevocable.
- At common law it is also un-assignable.
- The interest in question must have been created by deed or by
prescription.

Legal Premise:

Permission is accompanied with some interest in the land, either in

the land itself or some other chattel thereon:

COMMON LAW: Thomas vs. Sorren (1673) V and H 330

At common law it is irrevocable:

CASE: James Jones vs. R of Turkville (1909) 2 Ch 440 at 442

The interest in question must have been created by deed or by

prescription:

CASE: James Jones vs. R of Turkville (1909) 2 Ch 440 at 442

License for value:

Outline:
- Is not assignable.
- Can be revoked.

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Tenancies:

Outline:
- Tenancy at sufferance
- Tenancy at will
- Periodic tenancy
Tenancy at sufferance:

Outline:
- The alleged tenant entered the land on the premise of a valid
agreement.
- Upon termination of the agreement he/she remained on the land
without the consent or dissent of the owner.
- During his or her subsequent stay there was no payment of rent.
- This form of tenancy may then be terminated at any time, without
notice.
- And the tenant may be held to be liable to compensate for the use
and occupation of the said land.

Legal Premise:

The alleged tenant entered the land on the premise of a valid

agreement and upon termination of the agreement he/she remained
on the land without the consent or dissent of the owner:

CASE: Noor vs. Mukibi CA No. 103 of 1977

CASE: Ramon vs. City of London Real Company L.T.D (1921) 1 K.B
49 at 58

This form of tenancy may then be terminated at any time, without

notice, and the tenant may be held to be liable to compensate for the
use and occupation of the said land:

CASE: Leigh vs. Dickson (1884) 4 Q.B

Tenancy at will:

Outline:
- The tenant entered the land with the consent of the land lord
without the specification of the terms of the tenancy. There is an
actual relationship of tenant and landlord.
- It can be terminated by death, re-entry, involuntary assigning and
alienation, notice.

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Legal Premise:

The tenant entered the land with the consent of the land lord without
the specification of the terms of the tenancy. There is an actual
relationship of tenant and landlord.

CASE: Bweya Steel Works vs. NIC (1985) H.C.B 65

It can be terminated by death, re-entry, involuntary assigning and

alienation, notice:

CASE: Willer vs. Messer (1957) A.C 416 at 427

CHAPTER XVII: ACCESS TO ROAD

Nature of road of access:

Outline:
- This road is supposed to be 20 feet wide
- The applicant, his servants and any other person lawfully going to
and from his has the right of way on the same
- It is repaired by the applicant
- Where it is also used by the respondent he or she is to contribute to
the maintenance of that road as agreed between the parties or
decreed by the court
-

Legal Premise:

This road is supposed to be 20 feet wide:

THE ACCESS TO ROADS ACT CAP 350

Sec 6. Width of road of access.
The width of a road of access constructed under the provisions of this Act
shall not exceed twenty feet.

The applicant, his servants and any other person lawfully going to
and from his has the right of way on the same:

THE ACCESS TO ROADS ACT CAP 350

Sec 8. Right of way.
When a road of access has been constructed—

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(a) the applicant or his or her servants;

(b) any other person lawfully going to or from the applicant’s land;
(c) his or her successors in title, shall have leave, at all times, to use the
road of access.

It is repaired by the applicant:

THE ACCESS TO ROADS ACT CAP 350

Sec 9. Repair of road of access.
(1) Subject to this section, an applicant shall, at all times, maintain the
road of access in a good and efficient state of repair; and for that purpose,
the applicant, his or her servants or agents shall have leave to enter, at all
times, upon the road of access.

Where it is also used by the respondent he or she is to contribute to

the maintenance of that road as agreed between the parties or
decreed by the court:

THE ACCESS TO ROADS ACT CAP 350

Sec 9. Repair of road of access.
(3) Where the owner of the adjoining land uses the road of access, he or
she shall pay a proportionate share towards the maintenance of that
portion of the road so used by him or her—
(a) as may be agreed between the applicant and himself or herself; or
(b) in the case of disagreement, as may be determined by the land tribunal
on application being made to it for that purpose by either party.

Procedure for acquiring an order of accessing a public highway/road:

Outline:
- There must have been a failure of negotiations
- The application is made to the land tribunal
- THE application must be in the format provided in the schedule
- The application must be accompanied by a sketch or plan of the
proposed road and the tribunal may give an order to enter upon the
respondents land to draw that sketch or plan
- The service is preferably to be personal, or by leaving it with an
adult member of his family or a servant residing with him or at a
conspicuous place on his property or in a local newspaper
- Subsequent to the above a hearing date is set for the application

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- The court then make the requisite order subject to any other terms
it may so deem fit to impose and compensation
- The order is then accordingly registered with the registrar of titles
- A disgruntled party may appeal within thirty days to the High court

Legal Premise:

There must have been a failure of negotiations:

THE ACCESS TO ROADS ACT CAP 350:

Sec 2 Application for leave to construct a road of access.
(1) Where the owner of any land is unable through negotiations to obtain
leave from adjoining landowners to construct a road of access to the
public highway, he or she may apply to the land tribunal for leave to
construct a road of access over any lands lying between his or her land
and the public highway.

The application is made to the land tribunal:

THE ACCESS TO ROADS ACT CAP 350:

Sec 2 Application for leave to construct a road of access.
(1) Where the owner of any land is unable through negotiations to obtain
leave from adjoining landowners to construct a road of access to the
public highway, he or she may apply to the land tribunal for leave to
construct a road of access over any lands lying between his or her land
and the public highway.

THE application must be in the format provided in the schedule:

THE ACCESS TO ROADS ACT CAP 350:

Sec 2 Application for leave to construct a road of access.
(2) An application for leave to construct a road of access shall—
(a) be in the form set out in the Schedule to this Act;

The application must be accompanied by a sketch or plan of the

proposed road and the tribunal may give an order to enter upon the
respondents land to draw that sketch or plan:

THE ACCESS TO ROADS ACT CAP 350:

Sec 2 Application for leave to construct a road of access.
(2) An application for leave to construct a road of access shall—
(b) be accompanied by a sketch or plan showing approximately the
course and direction of the proposed road of access and the present means
of access, if any, to the public highway.

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THE ACCESS TO ROADS ACT CAP 350:

Sec 2 Application for leave to construct a road of access.
(3) Where the applicant is unable to make the sketch or plan referred to in
subsection (2) without entering upon the land over which he or she
desires to construct the road of access, he or she may apply to the land
tribunal for leave to enter upon that land for the purpose of making the
sketch or plan; and the land tribunal, after hearing objections, if any, may
make an order entitling the applicant to enter upon the land.

The tribunal shall then ensure that the owner of the affected land is
notified so as to show cause against the grant of the application:

THE ACCESS TO ROADS ACT CAP 350:

Sec 3. Service of notice on owner of land affected.
(1) On receiving an application for leave to construct a road of access, the
land tribunal shall cause a notice to be served upon the owner of any
lands over which the proposed road of access is to be constructed calling
upon him or her to show cause, within one month, why leave to construct
the proposed road of access should not be granted.

The service is preferably to be personal, or by leaving it with an adult

member of his family or a servant residing with him or at a
conspicuous place on his property or in a local newspaper:

THE ACCESS TO ROADS ACT CAP 350:

Sec 3. Service of notice on owner of land affected.
(3) Where personal service cannot be made, the service may be made by
leaving a copy of the notice for him or her with some adult member of his
or her family, or, if no such adult member can be found, the notice may
be served by leaving a copy of it with his or her servant residing with him
or her, or, where no such adult member or servant can be found by
affixing a copy of it to some conspicuous part of the house or homestead
in which he or she ordinarily resides and also to such other conspicuous
place as the land tribunal may direct.

THE ACCESS TO ROADS ACT CAP 350:

Sec 3. Service of notice on owner of land affected.
(4) Where service cannot be effected in the manner provided under
subsections (1), (2) and (3), the land tribunal may order service to be
made by publishing the notice in a local newspaper circulating in the area
in which the land is situated.

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Subsequent to the above a hearing date is set for the application:

THE ACCESS TO ROADS ACT CAP 350:

Sec 4. Hearing of application.
(1) At the expiry of one month from the date when service of notice on
the owner of land was effected, the land tribunal shall fix a day for the
hearing of the application referred to in section 2.

The court then make the requisite order subject to any other terms it
may so deem fit to impose:

THE ACCESS TO ROADS ACT CAP 350:

Sec 4. Hearing of application.
(2) After hearing such evidence as may be adduced in respect of the
application, the land tribunal may make an order, with such modifications
to the course of direction of the road of access as shown on the sketch or
plan referred to in section 2(b) as he or she deems necessary, granting the
applicant leave to enter upon the adjoining land and construct a road of
access subject—
(a) to such conditions as the land tribunal shall see fit to impose; and
(b) to the payment of such compensation in respect of the use of the
lands, the destruction of crops or trees and such other property as the land
tribunal may determine.

A disgruntled party may appeal within thirty days to the High court:

Sec 10. Appeal.

An appeal shall lie, within thirty days, from any order of the land tribunal
under this Act, to the High Court whose decision shall be final.

Registration of order of road of access:

Outline:
- This must be made to the registrar within one month of grant where
it was subject to an appeal otherwise within three months
- The application to the registrar must be accompanied by a certified
copy of the order, a sketch of the proposed road and a certificate of
title
-
Legal Premise:

This must be made to the registrar within one month of grant where
it was subject to an appeal otherwise within three months:

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THE ACCESS TO ROADS ACT CAP 350:

Sec 11. Entry in the Register Book of the order or its revocation.
A certified copy of any order made by—
(a) the High Court under section 10;
(b) the land tribunal under section 5,
shall be served on the registrar of titles within thirty days of the date of
the order; and the registrar of titles may, on payment of the prescribed
fee, make such entry of the order in the Register Book as he or she deems
fit.

THE ACCESS TO ROADS ACT CAP 350:

Sec 7. Registration of an order.
(1) An order made under section 4 shall, notwithstanding any
inconsistency with of the Registration of Titles Act, be registrable in the
Register Book kept pursuant to that Act on the application made by the
person affected by the order within three months of the date of the order,
or, where an appeal is pending, within one month after the determination
of that appeal.

THE ACCESS TO ROADS ACT CAP 350:

Sec 7. Registration of an order.
(3) If the registrar of titles is satisfied that the application is in order, he or
she shall, on payment of the fee prescribed under the Registration of
Titles Act, register the order in the Register Book.

The application to the registrar must be accompanied by a certified

copy of the order, a sketch of the proposed road and a certificate of
title:

THE ACCESS TO ROADS ACT CAP 350:

Sec 7. Registration of an order.
(2) An application for the registration of the order shall be made to the
registrar of titles and shall be accompanied by—
(a) a certified copy of the order;
(b) a sketch or plan showing the course and direction of the proposed
road of access as approved by the land tribunal; and
(c) such certificate of title as the registrar of titles may require for
endorsement of the order on the certificate.

CHAPTER XVIII: Joint Ownership of Land

Joint Tenancy:

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Outline:
- The property is owned jointly, there are no distinct shares in the
same accruing to the different owners
- Upon the death or otherwise exit of any of other co-owner the
latters interest devolves to the remaining owner until when one co-
owner remains in which case he or she becomes the absolute owner
of the property. .i.e. it cannot be become part of the estate of any
co-owner.
- A Joint tenancy must have tenants that have unity of possession,
time, title and interest
- Unity of possession in that all tenants are entitled to the property
without the exclusion of the other owners
- Unity of interest in that the interest of each tenant must be similar
in nature and duration amongst each of the tenants
- Unity of Time in that the interest of each tenant vested at the same
time
- Unity of title in that the co-owners title must accrue from the same
document or act:

Legal Premise:

The property is owned jointly, there are no distinct shares in the

same accruing to the different owners:

The Registration of Titles ACT CAP 230:

Sec 56. Joint tenants and tenants in common.
Two or more persons who are registered as joint proprietors of land shall
be deemed to be entitled to the land as joint tenants; and in all cases
where two or more persons are entitled as tenants in common to
undivided shares of or in any land, those persons shall in the absence of
any evidence to the contrary be presumed to hold that land in equal
shares.
CASE: Peterson vs. Frazer (1870-1871) 6 CH APP 699

Upon the death or otherwise exit of any of other co-owner the latters
interest devolves to the remaining owner until when one co-owner
remains in which case he or she becomes the absolute owner of the
property. .i.e. it cannot be become part of the estate of any co-owner
a.k.a. The right of survivorship or jus accrescendi:

The Registration of Titles ACT CAP 230:

Sec 192. Registration of survivor of joint proprietors.
Upon the death of any person registered with any other person as joint
proprietor of any land or of any lease or as joint proprietor of any

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mortgage owned on a joint account in equity, the registrar, on the

application of the person entitled and proof to his or her satisfaction of
the death, may register the applicant as the proprietor thereof; and the
applicant shall, upon being registered in the manner herein prescribed for
the registration of a like estate or interest, become the transferee of the
land, lease or mortgage and be deemed its proprietor.
CASE: Wright vs. Gibbons (1949) 78 CLR 138

A Joint tenancy must have tenants that have unity of possession,

time, title and interest:

CASE: James Katuku and 8 others vs. Kalimbagiza (1987) H.C.B 75; Per
Okello J.

Unity of possession in that all tenants are entitled to the property

without the exclusion of the other owners:

CASE: James Katuku and 8 others vs. Kalimbagiza (1987) H.C.B 75; Per
Okello J.

Unity of interest in that the interest of each tenant must be similar in

nature and duration amongst each of the tenants:

CASE: AG Securities vs. Vaugham (1988) 3 All E.R 1085 House of

Lords

Unity of Time in that the interest of each tenant vested at the same
time:

CASE: James Katuku and 8 others vs. Kalimbagiza (1987) H.C.B 75; Per
Okello J.

Unity of title in that the co-owners title must accrue from the same
document or act:

CASE: AG Securities vs. Vaugham (1988) 3 All E.R 1085 House of

Lords

TENANCY IN COMMON:

Outline:

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- This means that two or more persons have interest in the same land
accruing at different times, under different titles but from the same
title with each having distinct severable shares in the land;
- Where there is joint ownership in respect of a commercial property
the law will presume a tenancy in common
- The doctrine of survivorship doesnot apply to tenants in common

Legal Premise:

Where tenancy in common means that two or more persons have

interest in the same land accruing at different times, under different
titles but from the same title with each having distinct severable
shares in the land:

The Registration of Titles ACT CAP 230:

Sec 56. Joint tenants and tenants in common.
Two or more persons who are registered as joint proprietors of land shall
be deemed to be entitled to the land as joint tenants; and in all cases
where two or more persons are entitled as tenants in common to
undivided shares of or in any land, those persons shall in the absence of
any evidence to the contrary be presumed to hold that land in equal
shares.

Where there is joint ownership of a commercial property the law will

presume a tenancy in common:

CASE: Malayan Credit Limited vs. Jack Chia Mpit L.T.D (1986) 1 ALL
ER 711
CASE: Kitiiza vs. Registrar of Titles Misc Cause No. 82 of 1977:
(Partnerships)

The doctrine of survivorship does not apply to tenants in common:

CASE: East African General insurance Company vs. Ntende and Five
Others (1979) H.C.B 225

CHAPTER XXIX: CONDOMONIUM PROPERTY

CREATION OF CONDOMENIUM PROPERTIES:

Outline:

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- This may be done by any proprietor or developer by registering a

plan with the registrar
- Upon receipt of the aforementioned application the registrar closes
the former title and issues new certificates of title in respect of each
unit
- The aforementioned certificate is as good as the one given under
the RTA:

Legal Premise:

This may be done by any proprietor or developer by registering a

plan with the registrar:

Condominium Property ACT No. 4 of 2001:

Sec 3 (1) A proprietor or developer of an existing or planned building
may divide the building into two or more units by registering with the
Registrar a condominium plan in accordance with this ACT.

Upon receipt of the aforementioned application the registrar closes

the former title and issues new certificates of title in respect of each
unit:

Condominium Property ACT No. 4 of 2001:

Sec 4 (1) The registrar shall upon an application for registration of a
condominium plan close the part of the register relating to the parcel
described in the plan, and open a separate part for each unit described in
the plan and shall upon the payment of the prescribed fee issue a
certificate of title in respect of the unit.

The aforementioned certificate is as good as the one given under the

RTA:

Condominium Property ACT No. 4 of 2001:

Sec 5 (3) A certificate of title issued in respect of a unit compromised in a
condominium plan registered under this ACT shall upon the registration
of the plan be deemed to have been issued under the Registration of Titles
ACT.

Position of any common Property in such a condominium:

Outline:
- Common property includes any property that does not belong to
any specific unit and is used in common by all the owners of the

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units including the land on which the property is located, support

structures, infrastructure and services
- Such common property is held under a tenancy in common:
- Where tenancy in common means that two or more persons have
interest in the same land accruing at different times, under different
titles but from the same title with each having distinct severable
shares in the land
- Each condominium shall have a corporation upon registration
which shall inter-alia be responsible for the management and
keeping in good repair all common property:
- This common property may be transferred or leased by the
corporation
- There must be a registration of transfers pertinent top the common
property
Legal Premise:

Common property includes any property that does not belong to any
specific unit and is used in common by all the owners of the units
including the land on which the property is located, support
structures, infrastructure and services:

Condominium Property ACT No. 4 of 2001:

Sec 2

Any common property under is held under a tenancy in common:

Condominium Property ACT No. 4 of 2001:

Sec 7 (2) The common property compromised in a registered
condominium shall be held by the owners of all the units as tenants in
common in shares proportional to the unit factors for their respective
units.

Where tenancy in common means that two or more persons have

interest in the same land accruing at different times, under different
titles but from the same title with each having distinct severable
shares in the land:

Condominium Property ACT No. 4 of 2001:

Sec 2

Each condominium shall have a corporation upon registration which

shall inter-alia be responsible for the management and keeping in
good repair all common property:

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Condominium Property ACT No. 4 of 2001:

Sec 20 (1)
Sec 21 (1) (a) (b) (c)

This common property may be transferred or leased by the

corporation:

Condominium Property ACT No. 4 of 2001:

Sec 22 (3)

There must be a registration of transfers pertinent top the common

property:

Condominium Property ACT No. 4 of 2001:

Sec 23 (1)

Legality of the created units:

Outline:
- Such units may be dealt with as land is accordingly dealt with
under the RTA
- The proprietor of the unit may further subdivide or consolidate his
or her unit with the same procedure as was the case when the
original unit was being created:
- Prior to the above subdivision or consolidation the the registrar will
cause an endorsement of notification on the original plan and
include on the same the fact of consolidation or subdivision

Such units may be dealt with as land is accordingly dealt with under
the RTA:

Condominium Property ACT No. 4 of 2001:

Sec 5 (3) A proprietor of a unit in respect of which part the register is
opened under section 4, may subject to this ACT sell, transfer, lease,
charge or otherwise deal with that unit in the same manner and form as
land held under the Registration of Titles ACT.

The proprietor of the unit may further subdivide or consolidate his

or her unit with the same procedure as was the case when the original
unit was being created:

Condominium Property ACT No. 4 of 2001:

Sec 8 (1)
Sec 8 (2)

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Prior to the above subdivision or consolidation the the registrar will

cause an endorsement of notification on the original plan and include
on the same the fact of consolidation or subdivision:

The Condominium Property Regulations 2002:

Reg 12 (1) (a) (b)

PROCEDURE FOR THE CREATION OF A CONDMINIUM:

Outline:
- The application must be in the FORM I of the second schedule of
the regulations
- The application must be accompanied by a certificate of a
registered surveyor, local authority, and registered architect
- The application must however be in quadruple copies
- The plan must state that it is a condominium plan, the boundaries,
an illustration of the units, approximate floor area of each unit,
particulars to enable the identification of the title of the units,
signature of the proprietor, and address of service
- Payment of fees upon presentation of the application

Legal Premise:

The application must be in the FORM I of the second schedule of the

regulations:

The Condominium Property Regulations 2002:

Reg 11 (1) An application for the registration of a condominium plan
shall be in FORM I specified in Part II of the second schedule.

The application must be accompanied by a certificate of a registered

surveyor, local authority, and registered architect:

Condominium Property ACT No. 4 of 2001:

Sec 11 (1)(a) (b)
Sec 11 (2)

The Condominium Property Regulations 2002:

Reg 11 (2) (a) (i) (ii) (iii)
Reg 11 (2) (b)

The application must however be in quadruple copies:

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Condominium Property ACT No. 4 of 2001:

Sec 3 (2)

The plan must state that it is a condominium plan, the boundaries, an

illustration of the units, approximate floor area of each unit,
particulars to enable the identification of the title of the units,
signature of the proprietor, and address of service:

Condominium Property ACT No. 4 of 2001:

Sec 10 (1) (a-k)
Sec 11 (6)

Payment of fees upon presentation of the application i.e. 20,000UGX:

The Condominium Property Regulations 2002:

Reg 29 and the 6th Schedule Par A

CHAPTER XX: EXPROPRIATED PROPERTIES

Expropriated property:

Outline:
- Any property vested in the departed Asians property custodian
board.
- Any property acquired by the government under the properties and
business acquisition decree
- Any other property expropriated by the military regime of Amin
- Irrespective of whether the property belonged to citizen Asians or
not
- Effect of expropriation is to entitle the former owner to
compensation for any improvements made on the property
- Upon re-expropriation the property persons who made any
improvements thereon shall be entitled to compensation form
either the Government, company or former owner to whom the
property has been returned
Legal Premise:

Any property vested in the departed Asians property custodian

board:

THE EXPROPRIATED PROPERTIES ACT CAP 87:

Sec. 2. Revesting of properties in the Government, etc.

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(1) Any property or business which was—

(a) vested in the Government and transferred to the Departed Asians
Property Custodian Board under the Assets of Departed Asians Act

Any property acquired by the government under the properties and

business acquisition decree:
;
THE EXPROPRIATED PROPERTIES ACT CAP 87:
Sec. 2. Revesting of properties in the Government, etc.
(1) Any property or business which was—
(b) acquired by the Government under the Properties and Businesses
(Acquisition) Decree, 1973;

Any other property expropriated by the military regime of Amin:

THE EXPROPRIATED PROPERTIES ACT CAP 87:

Sec 2 Revesting of properties in the Government, etc.
(1) Any property or business which was—
(c) in any other way appropriated or taken over by the military regime
except property which had been affected by the provisions of the repealed
National Trust Decree, 1971, shall, from the commencement of this Act,
remain vested in the Government and be managed by the Ministry
responsible for finance.

Irrespective of whether the property belonged to citizen Asians or

not:

CASE: Registered Trustees of Kampala Institute vs. Departed Asians

Property Custodian Board (1994) 4 K.A.L.R 110 per C.J Wambuzi

Effect of expropriation is to entitle the former owner to compensation

for any improvements made on the property:

THE EXPROPRIATED PROPERTIES ACT CAP 87:

Sec 12 Compensation and settlements.
(2) Where property or business is returned to a former owner or
transferred to a joint venture company or retained by the Government in
accordance with this Act, the former owner or the company or the
Government, as the case may be, shall be liable to pay for the value of
any improvements in the property or business to the person or body that
effected the improvement.

Upon re-expropriation the property persons who made any

improvements thereon shall be entitled to compensation form either

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the Government, company or former owner to whom the property

has been returned:

THE EXPROPRIATED PROPERTIES ACT CAP 87:

Sec 12 Compensation and settlements.
(2) Where property or business is returned to a former owner or
transferred to a joint venture company or retained by the Government in
accordance with this Act, the former owner or the company or the
Government, as the case may be, shall be liable to pay for the value of
any improvements in the property or business to the person or body that
effected the improvement

Effect of transfers and other transactions vis-à-vis expropriated

properties:

Outline:
- All are nullified.
- Affected persons i.e. transferees are entitled to compensation from
eth Government
- Valuation shall be a function of the minister guided by the board of
valuers.
- The Compensation shall be the purchase price minus the income
derived form the property
- All leases which would otherwise be deemed to have been
terminated are deemed to be continuing.

Legal Premise:

All are nullified:

THE EXPROPRIATED PROPERTIES ACT CAP 87:

Sec 2 Revesting of properties in the Government, etc.
(2) For the avoidance of doubt, and notwithstanding the provisions of any
written law governing the conferring of title to land, property or business
and the passing or transfer of that title, it is declared that—
(a) any purchases, transfers and grants of, or any dealings of whatever
kind in, such property or business are nullified
CASE: Tana vs. Sister Rosemary and Departed Asians Property
Custodian Board (1994-1995) H.C.B 53

Affected persons i.e. transferees are entitled to compensation from

the Government:

THE EXPROPRIATED PROPERTIES ACT CAP 87:

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Sec 12 Compensation and settlements.

(3) Where property or business had been transferred to any person or
body for value and the property or business is returned to a former owner
or is otherwise dealt with in accordance with this Act, the Government
shall be liable to pay compensation to that person or body.
CASE: Godfrey Male vs. A.G Court of Appeal Civil Appeal no. of
2000

Valuation shall be a function of the minister guided by the board of

valuers:

THE EXPROPRIATED PROPERTIES ACT CAP 87:

Sec 13. Valuation of properties.
In the implementation of this Act, the Minister shall, in matters of
valuations, be guided by the board of valuers established under section 2
of the Properties and Businesses (Acquisition) Decree, 1975.

The Compensation shall be the purchase price minus the income

derived form the property:

THE EXPROPRIATED PROPERTIES ACT CAP 87:

Sec 12 Compensation and settlements.
(4) The compensation payable under subsection (3) shall be the purchase
price less the income derived or which ought to have been derived from
the property or business from the date of the transfer.

All leases which would otherwise be deemed to have been terminated

are deemed to be continuing:

THE EXPROPRIATED PROPERTIES ACT CAP 87:

Sec 2 Revesting of properties in the Government, etc.
(2) For the avoidance of doubt, and notwithstanding the provisions of any
written law governing the conferring of title to land, property or business
and the passing or transfer of that title, it is declared that—
(b) where any property affected by this section was at the time of its
expropriation held under a lease or an agreement for a lease, or any other
specified tenancy of whatever description, and where the lease,
agreement for a lease or tenancy had expired or was terminated, the same
shall be deemed to have continued, and to continue in force until the
property has been dealt with in accordance with this Act, and for such
further period as the Minister may by regulations made under this Act
prescribe.
CASE: Akena Onapa vs. Mohammed Hussein Rashid S.C.C.A No. 5
of 1995 (1996) 2 K.L.A.R 87 per Odoki J

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Expropriated Properties (Repossession and Disposal) (No. 1) Regulations

S.I 887-8
Reg 13 Expired leases, etc.
For the purposes of section 2(2)(b) of the Act, every expired lease,
agreement for a lease or other tenancy shall be deemed to continue, after
the property has been dealt with in accordance with the Act, for a further
period of two years or a period equivalent to the unexpired period of the
lease, agreement for a lease or tenancy at the time of expropriation of the
property whichever is the greater period.

Restrictions on the Property upon return:

Outline:
- The any subsequent sale within five years of the return of the
property is subject to a ministerial consent

The any subsequent sale within five years of the return of the
property is subject to a ministerial consent:

THE EXPROPRIATED PROPERTIES ACT CAP 87:

Sec 8. Restriction on sale, etc.
Any property or business transferred to a joint venture company or to a
former owner under this Act shall not be sold or otherwise disposed of
without the written consent of the Minister until after five years from the
date of the transfer.

Powers of the Minister in Matters pertinent to the expropriated

properties:

Outline:
- The minister may transfer there expropriated properties to there
former owners
- Precedent to such transfer the minister must be satisfied that the
former owner is to physically return to Uganda, repossess and
effectively manage the said property
- In the case of corporate persons or firms the satisfaction that one of
the directors or partners will physically return to Uganda
- Or that it is otherwise in the best interests of Uganda

Legal Premise:

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The minister may transfer there expropriated properties to there

former owners:

THE EXPROPRIATED PROPERTIES ACT CAP 87:

Sec 3. Power to transfer property or business.
(1) Subject to this Act, the Minister shall have the power to transfer to the
former owner of any property or business vested in the Government
under this Act that property or business.

Precedent to such transfer the minister must be satisfied that the

former owner is to physically return to Uganda, repossess and
effectively manage the said property:

THE EXPROPRIATED PROPERTIES ACT CAP 87:

Sec 3 Power to transfer property or business.
(2) Nothing in this Act shall be construed as empowering the Minister to
transfer property or business to a former owner unless the Minister is
satisfied that the former owner shall physically return to Uganda,
repossess and effectively manage the property or business.

In the case of corporate persons or firms the satisfaction that one of

the directors or partners will physically return to Uganda:

Expropriated Properties (Repossession and Disposal) (No. 1) Regulations

S.I 887-8:
Reg 14 Proprietary residence.
For the purposes of section 3(2) of the Act, where the applicant is a
corporate body or a firm, then at least one shareholder or partner of the
corporate body or firm shall physically reside in Uganda and effectively
manage the property or business.

Or that it is otherwise in the best interests of Uganda:

THE EXPROPRIATED PROPERTIES ACT CAP 87:

Sec 5. Property in which the Government wishes to participate.
(3) Where the Minister is satisfied that any property or business affected
by this Act is being occupied, managed or rehabilitated under a joint
venture agreement with a former owner which is in the best interest of
Uganda, the Minister may without recourse to subsections (1) and (2)
issue a certificate validating the transfer of any property or business made
pursuant to the joint venture agreement.

Redress from the decisions/actions of the Minister:

Outline:

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- Appeals from decisions of the minister must be made within 30

days of communication
- Such appeal shall be instituted in the High court vide a plaint

Legal Premise:

Appeals from decisions of the minister must be made within 30 days

of communication:

THE EXPROPRIATED PROPERTIES ACT CAP 87:

Sec 15 Appeal
(1) Any person who is aggrieved by any decision made by the Minister
under this Act, may, within thirty days from the date of communication of
the decision to him or her person, appeal to the High Court against the
decision.

Such appeal shall be instituted in the High court vide a plaint:

Expropriated Properties (Repossession and Disposal) (No. 1) Regulations

S.I 887-8
Reg 15 Appeals.
The rules of civil procedure governing the institution of suits in the High
Court shall apply to appeals made under section 15 of the Act.

APPLICATION FOR EXPROPRIATED PROPERTIES:

Outline:
- Any interested person shall have to apply for repossession from the
minister
- There must be separate applications for each distinct property an
applicant seeks to repossess
- The application shall have to be in the requisite form of the
regulations
- The application must be accompanied by a non-refundable fee of
25,000UGX
- The application must further be accompanied by a copy of the
M.O.A, A.O.A, title deed and copies of the declarations
- The application upon being received by the Minister shall
necessitate the issuance of an acknowledgement to the applicant
- The committee determines whether the Government would wish to
participate in that property and the authenticity of the application,
and other claims or interests pertinent to the property:

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- IF the government wants to participate in the property the owner is

called for negations:
- Upon the successful negotiations between the two the property is
transferred to a joint venture company
- Where the Government is not interested in participating in the
property a certificate of repossession is issued to the former owner

Legal Premise:

Any interested person shall have to apply for repossession from the
minister:

THE EXPROPRIATED PROPERTIES ACT CAP 87:

Sec 4 Application for repossession.
Any former owner of property or business vested in the Government
under section 2 may, within ninety days of the commencement of this
Act, apply to the Minister in writing, and in such form as may be
prescribed, for repossession of the property or business.

There must be separate applications for each distinct property an

applicant seeks to repossess:

Expropriated Properties (Repossession and Disposal) (No. 1) Regulations

S.I 887-8
Reg 4 Separate applications.
There shall be made a separate application in respect of every different
property or business which an applicant wishes to repossess.

The application shall have to be in the requisite form of the

regulations:

Expropriated Properties (Repossession and Disposal) (No. 1) Regulations

S.I 887-8
Reg 2. Application.
An application for repossession of property shall be made in the form
specified in the First Schedule to these Regulations, and shall be
addressed and sent to the Minister either directly to the address specified
on the application form or through a Ugandan diplomatic mission or such
other authorised agent as the Minister may determine.

The application must be accompanied by a non-refundable fee of

25,000UGX:

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Expropriated Properties (Repossession and Disposal) (No. 1) Regulations

S.I 887-8
Reg 3 Fee and documents.
(1) Every application form shall be accompanied by the following—
(a) a non-refundable fee of twenty-five thousand shillings or its
equivalent in convertible currency or such other nonconvertible currency
that the Minister may allow;

The application must further be accompanied by a copy of the

M.O.A, A.O.A, title deed and copies of the declarations:

Expropriated Properties (Repossession and Disposal) (No. 1) Regulations

S.I 887-8
(b) in the case of a company or firm, a certified copy of the memorandum
and articles of association or a copy of the certificate of registration as
applicable;

(c) copies of the title deed relating to the property at the time of its
expropriation, or if unavailable particulars of the title deed;

(d) copies of Forms PRO/1 and PRO/2 completed under the Declaration
of Assets (Non citizen Asians) Decree; and

(e) copies of declarations and claims submitted under the Properties and
Businesses (Acquisition) Decree.

The application upon being received by the Minister shall necessitate

the issuance of an acknowledgement to the applicant:

Expropriated Properties (Repossession and Disposal) (No. 1) Regulations

S.I 887-8
Reg 5. Acknowledgement of applications.
(1) Every application received shall be acknowledged by an
acknowledgement receipt issued to the person who makes the application.

The committee determines whether the Government would wish to

participate in that property and the quthenticity of the application,
and other claims or interests pertinent to the property:

Expropriated Properties (Repossession and Disposal) (No. 1) Regulations

S.I 887-8
Reg 8. Functions of the committee.

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The committee shall advise the Minister on matters relating to the

implementation of the Act, and, without prejudice to the generality of the
foregoing, shall—
(a) examine and verify the authenticity of each application to repossess a
property or business;
(b) examine and verify the authenticity of documents accompanying each
application form;

(c) examine and verify the authenticity of claims of any interest of

whatever description in a property or business for which application to
repossess has been made;
(d) determine whether any property or business for which an application
to repossess has been made is the subject of a caveat, lien, loan, charge,
mortgage or any other registered incumbrance in favour of a bank,
financial institution or any other lender;
(e) examine and verify the authenticity of competing claims for
repossession of a property or business;
(f) identify and advise whether any property or business for which
application has been made to repossess is a property or business in which
the Government may wish to participate;

IF the government wants to participate in the property the owner is

called for negations:

THE EXPROPRIATED PROPERTIES ACT CAP 87:

Sec 5. Property in which the Government wishes to participate.
(1) Where an application made under section 4 relates to property or
business in which the Government wishes to participate, the Minister
shall notify the applicant accordingly and invite him or her to enter into
negotiations for that purpose.

Expropriated Properties (Repossession and Disposal) (No. 1) Regulations

S.I 887-8
Reg 8. Functions of the committee.
(g) assist the Minister in all matters requiring negotiation under the Act,
and advise him or her on what decisions to take regarding the disposal of
properties under the Act

Upon the successful negotiations between eth two the property is

transferred to a joint venture company:

THE EXPROPRIATED PROPERTIES ACT CAP 87:

Sec 5. Property in which the Government wishes to participate.

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(2) Where the negotiations under subsection (1) are successfully

concluded, a joint venture company shall be incorporated and the
Minister shall issue a certificate transferring the property or business to
that company.

Expropriated Properties (Repossession and Disposal) (No. 1) Regulations

S.I 887-8
Reg 10. Certificates.
(1) Where, under section 5(2) of the Act, negotiations for a joint venture
company are successfully concluded, the Minister shall under his or her
hand issue to the new joint venture company a certificate in the form set
out in the Second Schedule to these Regulations.

Where the Government is not interested in participating in the

property a certificate of repossession is issued to the former owner:

Expropriated Properties (Repossession and Disposal) (No. 1) Regulations

S.I 887-8
Reg 6. Property in which the Government does not wish to
participate.
(1) On receipt of an application made under section 4 relating to property
or business in which the Government does not wish to participate, the
Minister shall, subject to subsections (2) and (3), after satisfying himself
or herself with the merits of the application, issue a certificate authorising
the former owner to repossess the property or business.

CHAPTER XXI: COMPULSORY LAND ACQUISITION:

Outline:
- Acquisition can only be occasioned for either public use or in the
interest of defence, public safety, public order, public morality or
public health
- The acquisition must be made under law providing for access to
court and compensation

Legal Premise:

Acquisition can only be occasioned for either public use or in the

interest of defence, public safety, public order, public morality or
public health:

The Constitution of the Republic of Uganda 1995:

Art 237 Land ownership.

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(2) Notwithstanding clause (1) of this article—

(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;

The Constitution of the Republic of Uganda 1995:

Art 26. Protection from deprivation of property.
(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

Land ACT CAP 227:

Sec 42. Acquisition of land by the Government.
The Government or a local government may acquire land in accordance
with articles 26 and 237(2) of the Constitution.

CASE: Ross vs. Common Wealth of Australia and others (1985) LRC
292;

The acquisition must be made under law providing for access to

court and compensation:

The Constitution of the Republic of Uganda 1995:

Art 26. Protection from deprivation of property.
(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—
(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;
(ii) a right of access to a court of law by any person who has an interest or
right over the property.
CASE: United Assurance Company vs. A.G C.A.C.A No.1 of 1986

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PROCEDURE FOR LAND ACQUISITION:

Outline:
- The minister must make a declaration to that effect via a statutory
instrument
- This declaration must be served on the owner of the property
- The land is then accordingly marked out
- Notice of the government’s intention to take over must be
advertised in the gazette and accordingly placed on or near the land
- The notice shall inter-alia require all interested persons to appear,
with details pertinent to their interests in the land, objections and
compensation
- An assessment officer then holds an inquiry to determine the
amount of compensation and its apportionment
- Upon the making of the award the assessment officer then takes
possession of the property
- Any disgruntled party may appeal within 60 days to the High court
pertinent to the compensation or any apportionment of the same.

Legal Premise:

The minister must make a declaration to that effect via a statutory

instrument:

THE LAND ACQUISITION ACT CAP 226:

Sec 3. Declaration that land is needed for public purpose.
(1) Whenever the Minister is satisfied that any land is required by the
Government for a public purpose, he or she may, by statutory instrument,
make a declaration to that effect.

CASE: K Quatina vs. Law Development Center (1975) H.C.B 296:

The S.I come before the acquisition it cannot come subsequent to the
acquisition.

This declaration must be served on the owner of the property:

THE LAND ACQUISITION ACT CAP 226:

Sec 3. Declaration that land is needed for public purpose.
(3) The Minister shall cause a copy of every declaration to be served on
the registered proprietor of the land specified in the declaration or, as the
case may be, on the controlling authority and, if the proprietor is not the
occupier of the land, on the occupier.

The land is then accordingly marked out:

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THE LAND ACQUISITION ACT CAP 226:

Sec 4 Land to be marked out, etc.
On the publication of a declaration under section 3 in respect of any land,
the assessment officer shall cause the land to be marked out and measured
and a plan of the land to be made if a plan of the land has not already
been made.

Notice of the government’s intention to take over must be advertised

in the gazette and accordingly placed on or near the land:

THE LAND ACQUISITION ACT CAP 226:

Sec 5. Notice to persons having an interest.
(1) As soon as may be after the publication of a declaration in respect of
any land, the assessment officer shall cause a notice to be published in the
Gazette and exhibited at convenient places on or near the land, stating
that the Government intends to take possession of the land and that
claims to compensation for all interests in the land may be made to him or
her.

The notice shall inte alia require all interested persons to appear,
with details pertinent to their interests in the land, objections and
compensation:

THE LAND ACQUISITION ACT CAP 226:

Sec 5. Notice to persons having an interest.
(3) A notice published under subsection (1) shall give the particulars of
the land to which the notice relates and shall require all persons having an
interest in the land to appear personally or by agent before the assessment
officer on a day and at a time and place specified in the notice in order to
state—
(a) the nature of their respective interests in the land;
(b) the amount and particulars of their claims to compensation for those
interests; and
(c) their objections, if any, to any plan of the land made under section 4 or
otherwise.

An assessment officer then holds an inquiry to determine the amount

of compensation and its apportionment:

THE LAND ACQUISITION ACT CAP 226:

Sec 6. Inquiry and award.
(1) Where a notice is published under section 5 in respect of any land, the
assessment officer shall, on the day specified in the notice, proceed to

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hold an inquiry into claims and objections made in respect of the land and
shall make an award under his or her hand specifying—
(a) the true area of the land;
(b) the compensation which in his or her opinion should be allowed for
the land; and
(c) the apportionment of that compensation among all the persons known
or believed by him or her to have an interest in the land, whether or not
they have appeared before him or her.

CASE: Ngumuyo Estate L.T.D vs. A.G (1971) H.C.B 89: A licensee
cannot be compensated
CASE: Abdulla vs. The Collector (1958) E.A 779: All tenants are
entitled to compensation.
CASE: Chand vs. The Collecter (1957) A.C 125: Compensation is
based on the market value of willing buyer willing seller

Any disgruntled party may appeal within 60 days to the High court
pertinent to the compensation or any apportionment of the same:

THE LAND ACQUISITION ACT CAP 226:

Sec 13. Appeals.
Where an award is made under section 6, any person awarded or claiming
that he or she should have been awarded compensation may within sixty
days of the date of the award appeal to the High Court by way of
objection to any or all of the following—
(a) the total amount of the compensation awarded;
(b) the apportionment of the compensation;
(c) any failure or refusal of the assessment officer to include him or her in
the apportionment.

Upon the making of the award the assessment officer then takes
possession of the property:

THE LAND ACQUISITION ACT CAP 226:

Sec 7. Taking possession.
(1) Where a declaration has been published in respect of any land, the
assessment officer shall take possession of the land as soon as he or she
has made his or her award under section 6; except that he or she may take
possession at any time after the publication of the declaration if the
Minister certifies that it is in the public interest for him or her to do so.
CHAPTER XXII: MORTGAGES

Outline:

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- Nature of mortgage transaction

- Pre-requisites to entering into a mortgage and other special matters
pertinent to terms in Mortgage deeds
- Legal Mortgage
- An equitable mortgage
- Duties payable on the mortgage
- Mortgaging of land owned under Joint Tenancy
- Mortgage of business/partnership land i.e. under Tenancy in
common:
- Description of what amounts to breach in Mortgage transactions
- Remedies upon failure by the Mortgagor to pay the debt owed to
the Mortgagee
- Duties of a mortgagee

Nature of mortgage transaction:

Outline:
- This is a transaction where by land is offered as security for the
repayment of a loan.
- Generally any transaction which is excluded by the The Money
Lenders ACT CAP because the security offered is Land

Legal Premise:

This is a transaction where by land is offered as security for the

repayment of a loan.

The Mortgage ACT CAP 229:

Sec1. Interpretation.
In this Act, unless the context otherwise requires—
(b) “mortgage” means any mortgage, charge, debenture, loan agreement
or other encumbrance, whether legal or equitable which constitutes a
charge over an estate or interest in land in Uganda or partly in Uganda
and partly elsewhere and which is registered under the Act;

CASE: Matambulive vs. Kimera CACA 37 of 1972

CASE: Stanley vs. Wilde (1899) 2 Ch 474

Generally any transaction which is excluded by The Money Lenders

ACT CAP 273 because the security offered is Land:

The Money Lenders ACT CAP 273

Sec 21. Saving.

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(1) This Act shall not apply—

(c) to any money lending transaction where the security for repayment of
the loan and interest on the loan is effected by execution of a legal or
equitable mortgage upon immovable property or of a charge upon
immovable property or of any bona fide transaction of money lending
upon such mortgage or charge.

Pre-requisites to entering into a mortgage and other special

matters pertinent to terms in Mortgage deeds:

Out Line:
- Must acquire appropriate spousal consent in respect of family land
- Consent of adult dependent children residing with him on the land
in question
- Consent of the area/parish committee if land is such on which
resides children below the age of majority:
- Consent of the area/parish committee if land is such that there are
orphans below the age of majority with an interest in inheritance of
the land
- The interest rate should not be in-conscionable
- There should not be a term clogging the Mortgagors right to
redeem his property:

Legal Premise:

Must acquire appropriate spousal consent in respect of family land;

Land ACT CAP 229:

Sec 39. Restrictions on transfer of land by family members.
(1) No person shall—
(a) sell, exchange, transfer, pledge, mortgage or lease any land;
(b) enter into any contract for the sale, exchange, transfer, pledging,
mortgage or lease of any land; or
(i) in the case of land on which the person ordinarily resides with his or
her spouse and from which they derive their sustenance, except with the
prior written consent of the spouse;

Consent of adult dependent children residing with him on the land in

question:

Land ACT CAP 229:

Sec 39. Restrictions on transfer of land by family members.
(1) No person shall—
(a) sell, exchange, transfer, pledge, mortgage or lease any land;

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(b) enter into any contract for the sale, exchange, transfer, pledging,
mortgage or lease of any land;
(ii) in the case of land on which a person ordinarily resides with his or her
dependent children of majority age, except with the prior written consent
of the dependent children of majority age;

Consent of the area/parish committee if land is such on which resides

children below the age of majority:

Land ACT CAP 229:

Sec 39. Restrictions on transfer of land by family members.
(1) No person shall—
(a) sell, exchange, transfer, pledge, mortgage or lease any land;
(b) enter into any contract for the sale, exchange, transfer, pledging,
mortgage or lease of any land;
(iii) in the case of land on which a person ordinarily resides with his or
her children below the age of the majority, except with the prior written
consent of the committee;

Consent of the area/parish committee if land is such that there are

orphans below the age of majority with an interest in inheritance of
the land:

Land ACT CAP 229:

Sec 39. Restrictions on transfer of land by family members.
(1) No person shall—
(a) sell, exchange, transfer, pledge, mortgage or lease any land;
(b) enter into any contract for the sale, exchange, transfer, pledging,
mortgage or lease of any land;
(iv) in the case of land on which ordinarily reside orphans below majority
age with interest in inheritance of the land, except with the prior written
consent of the committee.

The interest rate should not be in-conscionable:

The Civil Procedure ACT CAP 71

Sec 26. Interest.
(1) Where an agreement for the payment of interest is sought to be
enforced, and the court is of opinion that the rate agreed to be paid is
harsh and unconscionable and ought not to be enforced by legal process,
the court may give judgment for the payment of interest at such rate as it
may think just.

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CASE: Knight Bridge Estate LTD vs. Byrne (1939) Ch 441 (Equity
eliminates repressive terms)
CASE: Juma vs. Habib (1975) E.A 108 (the court will consider the
circumstances of the case prior to holding a rate as repressive)
CASE: Mohamed Mohammedi vs. Asthani Shadi (1960) E.A 1063
(Interest above 40% is excessive)

There should not be a term clogging the Mortgagors right to redeem

his property:

The Registration of Titles ACT CAP 210

SEC 116. Mortgage not to operate as transfer.
A mortgage under this Act shall, when registered as hereinbefore
provided,
have effect as a security, but shall not operate as a transfer of the land
thereby mortgaged; and in case default is made in payment of the
principal sum or interest secured or any part thereof respectively, or in the
performance or observance of any covenant expressed in any mortgage or
hereby declared to be implied in a mortgage, and the default is continued
for one month or for such other period of time as is for that purpose
expressly fixed in the mortgage, the mortgagee or his or her transferees
may serve on the mortgagor or his or her transferees notice in writing to
pay the money owing on the mortgage or to perform and observe the
aforesaid covenants, as the case may be.
CASE: Muburi vs. Uganda Credit Savings (1978) HCB 109
Duties payable on the mortgage

a. Registration of Mortgage Deed (rule 3) Amendment fees : 10,

000UGX
b. Registration of duplicate of mortgage: Rule 4: 2000UGX
c. Search fee: Rule 12 10,000UGX
d. Stamp duty: 0.5% Value of Mortgage

Legal Mortgage:

Outline:
- Must be a Mortgage deed
- Must be in the format of the 11th Schedule of the RTA (Sec 115
RTA)
- Must be registered (Sec 54 RTA)
- Must attested to by appropriate persons ( Sec 147 and 148 RTA)

Equitable Mortgage:

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Outline:
- Involves a deposit of the Certificate of Title with the Mortgagor.
- The lodgement of a caveat.
- Should be accompanied with an intention to create a mortgage.
- Enforcement must be vide court order

Legal Premise:

Involves a deposit of the Certificate of Title with the Mortgagor,

should be accompanied with an intention to create a mortgage:

The Registration of Titles ACT CAP 230:

Sec 129. Equitable mortgage.
(1) Notwithstanding anything in this Act, an equitable mortgage of land
may be made by deposit by the registered proprietor of his or her
certificate of title with intent to create a security thereon whether
accompanied or not by a note or memorandum of deposit subject to the
provisions hereinafter contained.

A lodgement of a caveat:

The Registration of Titles ACT CAP 230:

Sec 129. Equitable mortgage.
(3) Every equitable mortgagee shall cause a caveat to be entered as
provided for by section 139.

Enforcement must be vide court order:

CASE: Barclays Bank DCO vs. Gulu Millers LTD (1959) E.A 540
Mortgages on Land owned by Joint Tenants

Outline:
- Since there interest is not severable or distinct all concerned parties
must consent to the mortgage

Legal Premise:

Since the interest in the land is not severable or distinct all concerned
parties must consent to the mortgage

Registration Of Titles ACT CAP 230:

Sec 56. Joint tenants and tenants in common.
Two or more persons who are registered as joint proprietors of land shall
be deemed to be entitled to the land as joint tenants; and in all cases
where two or more persons are entitled as tenants in common to

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undivided shares of or in any land, those persons shall in the absence of

any evidence to the contrary be presumed to hold that land in equal
shares.

CASE: Frigueirdo’s Case (1962) EA 167

Mortgage of business/partnership land i.e. under Tenancy in

common:

Outline:
- The legal presumption is that such land is owned as a tenancy in
common with each partner having a distinct share/portion.

Legal Premise:

The legal presumption is that such land is owned as a tenancy in

common with each partner having a distinct share/portion:

The Partnership ACT CAP

Sec 23. Partnership property.
(1) All property and rights and interests in property originally brought
into the partnership stock or acquired, whether by purchase or otherwise,
on account of the firm, or for the purposes and in the course of the
partnership business, are called in this Act “partnership property”, and
must be held and applied by the partners exclusively for the purposes of
the partnership and in accordance with the partnership agreement; except
that the legal estate or interest in any land which belongs to the
partnership shall devolve according to the nature and tenure thereof and
the general rules of law applicable to it, but in trust, so far as necessary,
for the persons beneficially interested in the land under this section.

CASE: Lake vs. Craddock (1558-1774) ALL ER Rep419

Breach in mortgage transactions:

Outline:
- There is a breach if it is continued default of one month after the
issue of 30 days demand notice or that period stated in the
Mortgage
- Demand notice is in writing where the act of default is an alleged
failure to effect repayment on the mortgage

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Legal Premise

There is a breach if it is continued default of one month after the

issue of 30 days notice or that period stated in the Mortgage

The Registration of Titles ACT CAP 230

Sec 116. Mortgage not to operate as transfer.
A mortgage under this Act shall, when registered as hereinbefore
provided,
have effect as a security, but shall not operate as a transfer of the land
thereby mortgaged; and in case default is made in payment of the
principal sum or interest secured or any part thereof respectively, or in the
performance or observance of any covenant expressed in any mortgage or
hereby declared to be implied in a mortgage, and the default is continued
for one month or for such other period of time as is for that purpose
expressly fixed in the mortgage, the mortgagee or his or her transferees
may serve on the mortgagor or his or her transferees notice in writing to
pay the money owing on the mortgage or to perform and observe the
aforesaid covenants, as the case may be.

CASE: Muburi vs. Uganda Credit Savings Society (1978) HCB 109

Demand notice is in writing where the act of default is an alleged

failure to effect repayment on the mortgage:

The Registration of Titles ACT CAP 230

Sec 117. Where money payable on demand, written demand
equivalent to notice.
Where money secured by a mortgage under this Act is made payable on
demand, a demand in writing pursuant to the mortgage shall be equivalent
to the notice in writing to pay the money owing provided for by section
116; and no other notice shall be required to create the default in
payment.

Remedies upon failure by the Mortgagor to pay the debt owed to the
Mortgagee:

Outline:
- Sue the Mortgagor or the guarantor if any
- Possession
- Appointment of a receiver
- Sale by Foreclosure
- Sale other than by foreclosure

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Sue the Mortgagor or the guarantor if any:

Outline:
- The contract of guarantee makes the guarantor strictly liable to the
lender/mortgagee when the mortgagor fails to meet his obligations
and the mortgagee may call upon him to pay the debt:
- The suit may be brought by a specially endorsed Plaint or ordinary
plaint

Legal Premise:

The contract of guarantee makes the guarantor strictly liable to the

lender/mortgagee when the mortgagor fails to meet his obligations
and the mortgagee may call upon him to pay the debt:

The Mortgage ACT CAP 273:

Sec 2. Remedies upon breach of covenant.
(1) Upon failure of performance of any covenant in a mortgage under the
Registration of Titles Act, the mortgagee may—
(a) sue the mortgagor, obligor, if any, or both as the case may be, on the
covenant; or
CASE: African Continental Bank LTD vs. Wagoo and others ALR 456
CASE: (1972) 2 Ch 596
Procedure may be Specially Endorsed plaint or ordinary plaint:

Against the Mortagagor:

Civil Procedure Rules S.I 71-1:

Order 36 Rule 2. Special endorsement on plaint.
All suits—
(a) where the plaintiff seeks only to recover a debt or liquidated demand
in money payable by the defendant, with or without interest, arising—
(i) upon a contract, expressed or implied (as, for instance, on a bill of
exchange, hundi, promissory note or cheque, or other simple contract
debt);
(ii) on a bond or contract written for payment of a liquidated amount of
money;

Against the guarantor:

Civil Procedure Rules S.I 71-1:

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Order 36 Rule 2. Special endorsement on plaint.

All suits—
(a) where the plaintiff seeks only to recover a debt or liquidated demand
in money payable by the defendant, with or without interest, arising—
(iii) on a guaranty where the claim against the principal is in respect of a
debt or liquidated amount only. . .may be instituted by presenting a plaint
in the form prescribed endorsed “Summary Procedure Order XXXVI”
and accompanied by an affidavit made by the plaintiff, or by any other
person who can swear positively to the facts, verifying the cause of
action, and the amount claimed, if any, and stating that in his or her belief
there is no defence to the suit.

List of Document/s:

a. Specially endorsed plaint

b. Ordinary Plaint

Possession:

Outline:
- This is provided for as one of the modes of realising the security
upon breach by the mortgagor
- The mortgagee is to give the mortgagor 60 days notice of his
intention to enter possession
- This is by court order vide Notice of motion

Legal Premise:

This is provided for as one of the modes of realising the security upon
breach by the mortgagor:

The Mortgage ACT CAP 273:

Sec 2. Remedies upon breach of covenant.
(1) Upon failure of performance of any covenant in a mortgage under the
Registration of Titles Act, the mortgagee may—
(b) realise his or her security under the mortgage in any manner hereafter
provided in this Act.

The Mortgage ACT CAP 273:

Sec 3. Realisation of security.
A mortgagee may realise his or her security under a mortgage—
(b) by taking possession of the mortgaged land; and

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The mortgagee is to give the mortgagor 60 days notice of his intention

to enter possession:

The Mortgage ACT CAP 273:

Sec 7. Possession by mortgagee.
(1) A mortgagee may, for the purposes of the realisation of his or her
security in the mortgage, enter into possession of the mortgaged land after
giving at least sixty days’ notice of his or her intention to do so to the
mortgagor.

This is by court order vide Notice of motion:

The Mortgage ACT CAP 273:

Sec 7. Possession by mortgagee.
(5) A mortgagee in possession shall have power from the date of his or
her possession to collect by court action or otherwise any income from
the mortgaged land including arrears to which he or she would have been
entitled if he or she had been in possession from the date of the mortgage.

Procedure is originating summons accompanied by affidavit:

The Civil Procedure Rules S.I 71-1

Order 37 Rule 4. Summons by a mortgagee or mortgagor, etc.
Any mortgagee or mortgagor, whether legal or equitable, or any person
entitled to or having property subject to a legal or equitable charge, or any
person having the right to foreclose or redeem any mortgage, whether
legal or equitable, may take out as of course an originating summons,
returnable before a judge in chambers, for such relief of the nature or kind
following as may be by the summons specified, and as the circumstances
of the case may require; that is to say, sale, foreclosure, delivery of
possession by the mortgagor, redemption, reconveyance or delivery of
possession by the mortgagee.

List of documents involved:

a. Originating Summons and affidavit

b. Notice to all tenants and mortgagor of court order

Appointment of receivers:

Outline:
- This is provided for as one pf the modes of realising the security
upon breach by the mortgagor
- This appointment must be in writing and done by the mortgagee:

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- This appointment must be in writing and done by the mortgagee as

provided in the Mortgage or by COURT
- The application to court is vide a Notice of motion

Legal Premise:

This is provided for as one pf the modes of realising the security upon
breach by the mortgagor:

The Mortgage ACT CAP 273:

Sec 2. Remedies upon breach of covenant.
(1) Upon failure of performance of any covenant in a mortgage under the
Registration of Titles Act, the mortgagee may—
(b) realise his or her security under the mortgage in any manner hereafter
provided in this Act.

The Mortgage ACT CAP 273:

Sec 3. Realisation of security.
A mortgagee may realise his or her security under a mortgage—
(a) by appointing a receiver;

This appointment must be in writing by the mortgagee as provided in

the Mortgage or by COURT:

The Mortgage ACT CAP 273:

Sec 4. Appointment of a receiver.
A receiver may be appointed in writing either by the mortgagee himself
or herself under a power expressly provided in the mortgage in that
behalf, or by the court, upon application for the appointment by the
mortgagee.

The application to court is vide a Notice of motion:

The Civil Procedure ACT CAP 71:

Sec 98. Savings of inherent powers of court.
Nothing in this Act shall be deemed to limit or otherwise affect the
inherent power of the court to make such orders as may be necessary for
the ends of justice or to prevent abuse of the process of the court.

The Civil Procedure Rules S.I 71-1

Order 42 Rule 1. Appointment of receivers.
(1) Where it appears to the court to be just and convenient, the court may
by order—
(a) appoint a receiver of any property, whether before or after decree;

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The Civil Procedure Rules S.I 71-1

Order 52 Rule 1. Procedure under this Order.
All applications to the court, except where otherwise expressly provided
for under these Rules, shall be by motion and shall be heard in open
court.
List of Documents involved:

a. Ordinary appointment letter (if the remedy was provided for in the
deed)
b. Notice of motion and accompanying affidavit (if applying to court)

Sale by Foreclosure:

Outline:
- This is provided for as one pf the modes of realising the security
upon breach by the mortgagor:
- This is off set by an application to court:
- The court determines the amount due sets a period within which
the mortgagor is to effect payment
- Upon failure by the mortgagor to pay the mortgagee is allowed to
sale the land.
- The sale by foreclosure is to be effected by public auction unless
all interested parties agree otherwise:
- The sale is then to take place after 30 days of the order of the sale:
- The mortgagor must be given 30 days notice of the time and place
of the sale
- Procedure is originating summons accompanied by affidavit:

Legal Premise:

This is provided for as one pf the modes of realising the security upon
breach by the mortgagor:

The Mortgage ACT CAP 273:

Sec 2. Remedies upon breach of covenant.
(1) Upon failure of performance of any covenant in a mortgage under the
Registration of Titles Act, the mortgagee may—
(b) realise his or her security under the mortgage in any manner hereafter
provided in this Act.

The Mortgage ACT CAP 273:

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Sec 3. Realisation of security.

A mortgagee may realise his or her security under a mortgage—
(c) by foreclosure.

This is off set by an application to court:

The Mortgage ACT CAP 273:

Sec 8. Foreclosure.
(1) A mortgagee may apply to the court to foreclose the right of the
mortgagor to redeem the mortgaged land anytime after the breach of
covenant to pay.
The court determines the amount due sets a period within which the
mortgagor is to effect payment:

The Mortgage ACT CAP 273:

Sec 8. Foreclosure.
(2) Upon an application by the mortgagee under this section, the court
shall determine the amount due to the mortgagee and may fix a date, not
exceeding six months from the date of the failure to pay, within which the
mortgagor shall pay the amount due.

Upon failure by the mortgagor to pay the mortgagee is allowed to

sale the land:

The Mortgage ACT CAP 273:

Sec 8. Foreclosure.
(3) If the mortgagor fails to pay on the date fixed by the court under
subsection (2), the court shall order that the mortgagor be foreclosed of
his or her right to redeem the mortgaged land and that the land be offered
by the mortgagee for sale in accordance with section 9.

The sale by foreclosure is to be effected by public auction unless all

interested parties agree otherwise:

The Mortgage ACT CAP 273:

Sec 9. Sale by foreclosure.
(1) A sale consequent upon an order of foreclosure shall be by public
auction, unless the mortgagor and all encumbrancers subsequent to the
mortgagee and of whom the mortgagee has notice at the date of the order
of foreclosure agree to a sale by private treaty and the terms of the sale
are approved by the court.
The sale is then to take place after 30 days of the order of the sale:

The Mortgage ACT CAP 273:

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Sec 9. Sale by foreclosure.

(2) A sale under this section shall not take place until the expiration of
thirty days from the date of the order of foreclosure.

The mortgagor must be given 30 days notice of the time and place of
the sale

The Mortgage ACT CAP 273:

Sec 9. Sale by foreclosure.
(3) Prior to the sale under this section the mortgagee shall give to the
mortgagor and every encumbrancer referred to in subsection (1)
reasonable notice, being not less than thirty days, of the date and the
place of sale.

Procedure is originating summons accompanied by affidavit:

The Civil Procedure Rules S.I 71-1

Order 37 Rule 4. Summons by a mortgagee or mortgagor, etc.
Any mortgagee or mortgagor, whether legal or equitable, or any person
entitled to or having property subject to a legal or equitable charge, or any
person having the right to foreclose or redeem any mortgage, whether
legal or equitable, may take out as of course an originating summons,
returnable before a judge in chambers, for such relief of the nature or kind
following as may be by the summons specified, and as the circumstances
of the case may require; that is to say, sale, foreclosure, delivery of
possession by the mortgagor, redemption, reconveyance or delivery of
possession by the mortgagee.

List of Documents:

a. Originating Summons
b. Affidavit

SALE:

Outline:
- Such sale must be explicitly permitted by the Mortgage deed:
- The sale must be by public auction unless agreed otherwise by all
interested persons.

Legal Premise:

Such sale must be explicitly permitted by the Mortgage deed:

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The Mortgage ACT CAP 273:

Sec 10. Sale otherwise than by foreclosure.
Where the mortgage gives power expressly to the mortgagee to sell
without applying to court, the sale shall be by public auction unless the
mortgagor and encumbrancers subsequent to the mortgagee, if any,
consent to a sale by private treaty.

Duties of a mortgagee:

Under Possession:

Outline:
- Account for money’s in excess of his mortgage
- Check Definition of account below

Legal Premise:

Account for money’s in excess of his mortgage:

The Mortgage ACT CAP 273:

Sec 7. Possession by mortgagee.
(3) A mortgagee in possession shall be liable to account to the mortgagor
for any income, whether in cash or in kind, derived from the mortgaged
land which he or she has received or without wilful default might have
received from the time of entering into possession, and to pay over to the
mortgagor or to any subsequent encumbrancer of whom he or she has had
notice the excess on the amounts due under the mortgage.

Check Definition of account below:

The Mortgage ACT CAP 273:

Sec 7. Possession by mortgagee.
(4) In accounting under this section, the mortgagee in possession shall—
(a) be liable for any failure to be diligent in realising any sum due to him
or her from the mortgaged land;
(b) be liable at the fair market value for an occupation rent if he or she
occupies all or part of the mortgaged land;

(c) be liable for any unreasonable injury to or neglect of the mortgaged

land caused by his or her wilful or negligent act or omission;

Under a sale by foreclosure:

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Outline:
- To give the mortgagor and other interested parties notice of sale
- To obtain best reasonable price in the circumstances

Legal Premise:

To give the mortgagor and other interested parties notice of sale:

The Mortgage ACT CAP 273:

Sec 9. Sale by foreclosure.
(4) Failure to give notice as required by subsection (3) shall not affect the
validity of the sale but shall render the mortgagee personally liable for
any loss caused thereby.

To obtain best reasonable price in the circumstances:

CASE Cuckmare Brick Co. vs. Mutual Finance (1971) Ch 948

Duties of Mortgagor:

Outline:
- Try reasonable best to maintain the value of the land

Legal Premise:

Try reasonable best to maintain the value of the land:

The Mortgage ACT CAP 273:
Sec 2. Remedies upon breach of covenant.
(2) For the purposes of this section, there shall be implied in every
mortgage a covenant on the part of a mortgagor in possession to preserve
or keep the mortgaged land from diminishing in value.

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