30 May 2024: Hon. Judith Nabakooba, the Minister of Lands, Housing, and Urban Development, has addressed the nation about several land issues affecting Uganda.
She highlighted the protection of tenants by occupancy (Bibanja owners) from illegal evictions and the use of forged documents, particularly court orders, to disrupt and dislodge tenants by occupancy.
The Ministry has recorded cases related to double titling, succession issues, landlord-tenant issues, double sales by registered proprietors, generational claims, boundary disputes, illegal grants by district land boards, and the issuance of titles in error.
The Office of Titles has registered 2,134 cases from 2014 to date.
Nabakooba reminded Ugandans that the Land Act 1998, as amended, has provisions to protect tenants from evictions and restore a harmonious landlord-tenant relationship.
She also highlighted the importance of preventing land grabbing and the need to raise funds for the Land Fund to end the phenomenon of dual ownership in Buganda, Ankole, Tooro, and Bunyoro.
In Uganda, tenants by occupancy are guaranteed the security of occupancy on registered land under the 1995 Constitution and the Land Act, Cap. 227.
According to the Minister, the Land Act criminalises attempts to evict lawful or bona fide occupants without an order of eviction, and a person who attempts to do so commits an offence.
She further added that tenants who sell their “Kibanja” without giving the first option to buy the “Kibanja” and taking the assignment of the tenancy to the land owner commit an offence and are liable to imprisonment or a fine.
“If the registered owner gives consent to sell their rights to a third party, the tenant must introduce the third party to the landlord. The Chief Justice provides guidance on eviction procedures and eviction orders, ensuring tenants are considered tenants of the registered owner.” Nabakooba said.
On the role of LCs in land matters, Nabakooba responded that the Land Act, Cap. 227, does not allow LCs to participate in the registration and management of land, including mapping and registration, and emphasised that LCs must not be involved in the sale of land that does not belong to them.
