Critical Examination of the Principles of Land Law in Uganda

 Mukooli Hudson Masongole

School of Law Kampala International University, Uganda

ABSTRACT

This article critically analyses the principles of land law in Uganda. In general principle of land registration, possession, leases and mortgages have issues in Uganda, however, a comprehensive study shows that such issues pertaining the said specific land principles could be harmonized through policy legislations. It is on this note that the study calls for the government to liberalize the process of land registration by not filing the process most especially where the members of the society do not comprehend it. There should be more sensitization on land rights, both in customary and any other tenure, as it is evident that most people do not appreciate their rights. More so, it is important to stress gender issues in the customary land system. Furthermore, it is important to recognize the role played by traditional authorities in dispute resolution and land administration, failure to involve them would make it even more difficult for implementation. Similarly, a one documentation system should be put in place for registration of all land transaction, introducing customary land should be registered. In respect to mortgages, the law should impose a duty of care on the creditor exercising his or her powers of sale of a mortgaged land. This should be expressly stated in the law, the way it is known under the common law that it should be well advertised and publicly sold. Furthermore, the customary certificate ownership should be issued to the people of Uganda so as to utilize their land to secure some loans. Finally, Uganda should separate the registration of titles legislation from general property law legislation to avoid more confusion of people’s interests in land and the interments of registration.

Keywords: Land law, Land tenure, Landlords, Proprietary rights, Tenants

CITE AS:  Mukooli Hudson Masongole (2024). Critical Examination of the Principles of Land Law in Uganda. RESEARCH INVENTION JOURNAL OF LAW, COMMUNICATION AND LANGUAGES 3(1):14-20.