TABLE OF CONTENTS

LIST OF ACRONYMS................................................................................................................iii
LIST OF APPENDICES..............................................................................................................iv
CHAPTER ONE............................................................................................................................1
RESEARCH PROBLEM..............................................................................................................1
1.0 INTRODUCTION...........................................................................................................1
1.1 BACKGROUND OF THE STUDY................................................................................1
1.2 PROBLEM STATEMENT..............................................................................................2
1.3.1 General objective.............................................................................................................3
1.3.2 Specific Objectives..........................................................................................................3
1.5 SIGNIFICANCE OF THE STUDY................................................................................4
1.6 SCOPE OF THE STUDY................................................................................................4
1.7 THE RESEARCH PROCESS.........................................................................................5
Figure 1.1 Researcher’s proposed Research Process.................................................................5
CHAPTER TWO...........................................................................................................................6
LITERATURE REVIEW.............................................................................................................6
2.0 INTRODUCTION...........................................................................................................6
2.1 LAND TENURE SYSTEMS..........................................................................................6
2.2 EVOLUTION OF LAND TENURE SYSTEM..............................................................7
2.3 OVERVIEW ON PLANNING......................................................................................11
CHAPTER THREE.....................................................................................................................17
RESEARCH METHODOLOGY...............................................................................................17
3.0 INTRODUCTION.........................................................................................................17
3.1 STUDY POPULATION................................................................................................17
3.2 RESEARCH DESIGN.......................................................................................................17
3.3 SAMPLING TECHNIQUE AND SAMPLE SIZE.......................................................18
Research methods......................................................................................................................19
3.4.1 Primary Data.....................................................................................................................19
3.4.2 Secondary Data..............................................................................................................21
3.5 DATA ANALYSIS AND PRESENTATION...............................................................21
3.6 ANTICIPATED LIMITATIONS AND SOLUTIONS.................................................22
3.7 CONCLUSION..............................................................................................................23
REFERENCES............................................................................................................................24
APPENDICES..............................................................................................................................26
APPENDIX I................................................................................................................................27
APPENDIX II...............................................................................................................................29
APPENDIX III.............................................................................................................................33
APPENDIX IV.............................................................................................................................36
APPENDIX V...............................................................................................................................39
APPENDIX VI..............................................................................................................................41

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 LIST OF ACRONYMS

FDG Focus Group Discussions

GIS Geographical Information System
EMC Entebbe Municipal Council
KLC Kenya Law Commission
LC Local Council
MoLH&UD Ministry of Lands, Housing and Urban Development
RICS Royal Institution of Chartered Surveyors
RED Real Estate Development
UBoS Uganda Bureau of Statistics

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 LIST OF APPENDICES

Appendix I Interview guide

Appendix II Questionnaire to the Landlord
Appendix III Questionnaire to the Sitting Tenants
Appendix IV Questionnaire to the LC Officials
Appendix V Proposed Budget
Appendix VI Work-time flame

iii
 CHAPTER ONE
RESEARCH PROBLEM

1.0 INTRODUCTION
Property management is not a new profession world over as various sources do highlight that the
concept of property management has been around ever since there has been investment real
estate. Concern has however; arisen regarding the short-lived economic, structural and functional
life of such real estate investments calling for investigations into the subject by different
academia.

1.1 BACKGROUND OF THE STUDY

Land and real estate worldwide are known as major assets in modern as well as traditional
societies. Land is the source of all material wealth, from it we get every thing that we use or
value such as food, clothing, shelter, and metal or precious stones.

In Africa, the character of the land tenure is complicated and has varied in different periods of
history. While the Landlord tenant system prevails in some countries, the peasant proprietorship
is predominant in others. The concept of land ownership has gradually moved from that of
possession, presence on the land as a place to live and cultivate or capture food for survival, to
the act of possessing land as a property. In this later concept, the land becomes a commodity and
is associated with private land ownership whereby the real estate developers are improving land
or redevelop-able property in order to construct building projects. The buildings are being sold
entirely as assets to produce cash via rent and other means. (Mugambya J.T 2002).

In Uganda, the productivity of land and social advancement of the people are dependent on the
evolution of sound systems of land tenure. Land ownership determines where families and
particular communities settle as it characterizes the precolonial period in all parts of Uganda.
This has greatly affected the customs and religion, occupation, planning, investment decisions
and it is a major factor in social cohesiveness and stability or vice versa.

1
From 1920 to 1974, there were a number of laws, which were enacted but were intended to
reduce exploitation of tenants by landlords in form of higher land rent (Busuulu) and it was not
until 1975 that there emerged a different law, the Land Reform Decree 1975. The Decree
nullified all previous land ownership types and made all land public land. This Decree abolished
all the tenure greater than leasehold and these leaseholds were for a period of time. For example,
public bodies, religious and other charitable organizations were for 199 years and in the case of
individuals,99 years. But this decree of 1975 if implemented fully would have eased access to
land to potentials real estate developers but served for a shorter period due to instances of
political turmoil and change of governments.

Article 237 of the 1995 Constitution of The Republic of Uganda vests all powers of land
ownership to the people of Uganda and recognizes four (4) forms of tenure just as in the Land
Act 1998 namely; customary tenure, freehold land tenure, mailo land tenure, and leasehold land
tenure. These are present up to today and apply to various parts of Uganda, Kitooro Ward
inclusive.

In Kitooro ward, like any other parts of Uganda, all four forms of land tenure systems pointed
out in the Constitution of Uganda do exist.

The availability of land is a way to real estate development and its distribution and use are of
vital importance. It is because of the crucial importance of land to real estate developers and
indeed to all human races that the study deemed it pertinent to discuss the specific subject of land
tenure and its impact on real estate development as an engine of development.

1.2 PROBLEM STATEMENT

Article 237(1) of the Constitution of the Republic of Uganda stipulates that, land in Uganda
belongs to citizens of Uganda and is held in accordance with the land tenure system provided for
in the Land Act of 1998 which recognizes the rights of squatters and Bonafede occupants. (Land
Act 1998)

2
In the process, the land owners have used their powers to develop their land haphazardly
ignoring the urban planning development policies. Even where government has a stake, it has
failed to manage its land effectively.

Despite the laws put in place in relation to land tenure, land use and planning by various laws in
Uganda like; The 1995 Constitution of Uganda, The Land Act 1998, Town and Country Planning
Act 1964, and National Environmental Statute 1995, there is ineffective and distorted land use
and management in Kitooro ward.

This study therefore addresses the fore mentioned problems by way of consultative approach to
concerned stakeholders and makes recommendations which if considered will foster the
development of a sound tenure system that will allow planning and real estate development to
take place harmoniously. There are conflicts of interests between individual and national
priorities where land speculation, lack of knowledge on suitable use of land for real estate
development, limited technical and financial services are common phenomena. Therefore, a
close look at the correlation between land tenure systems, planning and land use aspects could
provide a base in search for a solution to the problem.

1.3 OBJECTIVES OF THE STUDY

1.3.1 General objective
The main objective of the study is to examine the impact of land tenure system on planning for
real estate development in Kitooro ward.

1.3.2 Specific Objectives

i. To evaluate the development trends on the different land tenure systems in Kitooro ward.
ii. To ascertain the effects of land tenure systems on the real estate development planning.
iii. To identify the factors responsible for the disorderly real estate development in the area
of study.
iv. To give recommendations as to how the challenges can be addressed.

3
1.4 HYPOTHESIS
The unplanned real estate development in Kitooro Ward is caused by the different land tenure
systems that exist in the area.

1.5 SIGNIFICANCE OF THE STUDY

Despite many studies that have been carried out concerning the land tenure system, little and
precise documentation has been presented to reveal/ exercise the impact of land tenure systems
on real estate development.

It has therefore remained a “Log” in the eyes of the researcher and that is why this research is
carried out to fill this gap.

The study intends to add more into existing knowledge for reference purposes on the impacts of
land tenure system on real estate development.

It will also be useful to policy makers, general public and most important to the academicians
especially students of Land Management and Valuation.

1.6 SCOPE OF THE STUDY

The study will look at the impact of land tenure system on planning for real estate development
in Kitooro Ward. It goes further to identify different tenure systems in the area and investigate on
effects of land tenure system on real estate development.

1.6.1 Area of Study

The study will be conducted in Kitooro Ward, Entebbe Municipality, Wakiso District. Kitooro
Ward borders with…………….to the north, …………. To the east, ……………..to the south,
and…………. To the west. It measurers approximately ,…………Ha(……..Acres)

The researcher identified Kitooro ward as the area of study with the hope of getting reliable and
more comprehensive information due to existence of all the four forms of land tenure systems
which may not be the case with other neighboring parishes.

4
1.6.2 Methodology
The researcher will use both primary and secondary methods of data collection.
The primary methods will be; Questionnaires, focus group discussions, and interviews.
The secondary method of data collection will be Literature review.

1.7 THE RESEARCH PROCESS

Whilst the research process is a simple means of effectively locating and analyzing
information for a research project, be it a research paper, an oral presentation, or something
else meant for well-defined purposes, a list of steps or guideline procedures are often
adapted in undertaking particular research. Not everyone will however, follow such steps in
the same order as one may go back and forth between them.
The researcher intends to adapt the following approach while undertaking his research: -
Figure 1.1 Researcher’s proposed Research Process

Source: Researcher’s draft, November 2010 with a close reference to Peil, 1982.

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 CHAPTER TWO
LITERATURE REVIEW

2.0 INTRODUCTION
This section essentially identifies and breaks down relevant secondary data from various studies
and publishments on land tenure. It is meant to guide the researcher into what is available so that
attempts can be made to identify the research gaps to be filled by this study.

2.1 LAND TENURE SYSTEMS

The character of the land tenure is complicated and has varied in different countries at different
periods of history while the landlord – tenant system prevails in some countries; the peasant
proprietorship is predominant in others.
The concept of land ownership has gradually moved from that of possession, presence on the
land as a a place to live and cultivate or capture food for survival to that of looking at land as a
property. In this latter concept, the land becomes a commodity and we associate it with private
land ownership. Because of this identification, it is necessary to recognize the relationship
between private ownership and the interest retained by the community in land, Mugisha (1992).

The history of land tenure ownership commenced when men grouped into tribes living on wild
food and game, primitive tribes appropriated the territory they occupied like the American Indian
or the pastoral people of the Asiatic steppes, the primitive guarded their territory from intrusion
by other tribes but equality of use was open to all members of their own community.

Chidzero (1996) describes the land tenure in Tanganyika during the colonial era. He pointed out
that the basic territorial law determining the land system by that time was the Land Ordinance of
1962. Under this ordinance, the whole land in Tanganyika was declared “public land” whether
occupied or unoccupied. In this provision, recognition was made of freehold and leasehold in
regard to all lands that were rightfully privately owned or sold to individuals or corporations. He
argues that this was a deliberate attempt to promote majority access to land. He however never
stated how this land would be used to develop real estate projects.

6
Mkangi (1983) describes land ownership before the invasion of colonialists in Kenya as being
communal, with rights to access allocated land to potential users and acreage depended on how
much land one could afford to utilize. In 1930 with the invasion of colonialists, communal land
tenure was condemned and later abolished for it was regarded as an impediment to real estate
development. The Land Commission wrote.
“We regard advance towards private holding to be generally desirable if land is to be
developed to the best advantage”
(KCL REPORT 1933). The colonialists promoted individual ownership where land was
subdivided into small acreages and these were owned on private basis.

2.2 EVOLUTION OF LAND TENURE SYSTEM

2.2.1 Pre-colonial era
Mugisha (1992) describes land ownership in Bunyoro and Buganda in pre-colonial times where
all land belonged to the king. Clan leaders and chiefs administered this land on behalf of the
king. The king had authority to allocate hand to anybody in the kingdom. However, during this
period, there were no clear ownership rights on land and the mode of accessing land for
development was through compromise with village chiefs and basically paying tributes,
allegiance, and other work meant for the benefit of the kingdom.

According to Margaret (2003) land ownership in Uganda before the coming of colonialists
varied from tribe to tribe, and region to region at different periods of history.
In Buganda region, the king was the over lord and the fountain of authority. He had absolute
power over all property in Buganda including land. The king had power to give/ allocate land to
anybody or drive away someone from land. During this period, there were four (4) main types of
tenure in Buganda.

a) Rights of clans over land (Obutaka)

This means clan rights in Buganda; there are a total of 52 clans and each clan had land on which
its members could settle and cultivate their food products thus signifying their origin. On the
death of the clan leader, the land passed to his successor, chosen by the clan and confirmed by

7
the king as a supreme leader. Therefore, this land came to be regarded as that land where
ancestors were buried.

b) Rights of the Kabaka and the Chiefs (Obutongole)

These were land rights of the chiefs granted by the king. The Batongole were officials of the king
who were administering the various political units into which the kingdom was divided. As a
renumeration for their service, they received estates from the Kabaka.

These estates were either from Butaka or uncultivated land and these estates were attached to the
office of the Omutongole and could not be inherited. Chiefs controlled this land and people had
no outright ownership.

c) Individual hereditary rights (Obusenze)

This refers to the hereditary rights, in this form of tenure, a king could grant land to any person
be it a chief, or a peasant on merit on merit of permanent basis. This type of land was used for
residential or cultivation and owners were obliged to occupy it, which determined their claim to
that particular holding.

d) Peasant rights of occupation (Ebibanja)

These were peasants’ rights of occupation also referred to as customary tenure. This type of
tenure is based on the philosophy that every individual had a right to occupy and use land. The
people who gained from this form of tenure were the peasants (Bakopi) who worked on
individual plots granted by chiefs or Omutaka using family labour.

These peasants had to meet certain obligations in return for the chief’s concession like weeding
the roads, giving tributes (Busuulu) in form of food and crops, local beer in calabash and military
services. The security of this tenure depended on the peasant maintaining the correct social and
political behavior.

8
The rest of pre-colonial Uganda was decentralized and the following tenure systems were
applied. Various rights of the individual to possess and use land were recognized but were
controlled by his family, clan or community.

The clan or family had the right to settle land disputes within their area of control and at the
same time, the clan or family had the right to prohibit sale of clan land and approve sale.

The community had the right to graze communally without damaging one’s crops and free access
to watering points and salt lakes.

President Y.K. Museveni, in his speech at the launch of National Land use Policy at Hotel
Africana on March 27th 2008 said that the Kings before the coming of colonialists had absolute
powers over land and all land belonged to the state “kingdoms”. They used their land for
traditional production mainly for subsistence but also for exchange in trade.

In South western Uganda, the Bakiga (natives of Kigezi) were individualistic, therefore
individual ownership of land was accepted and there was recognition of other rights (both
collective and community rights).

2.2.2 Colonial era

The Buganda Agreement (1900), brought a historical change in the hitherto ownership system as
a new concept evolved. Buganda was estimated to cover a total aera of 19,600 square miles.
These miles were divided between the Protectorate Government (10,550 square miles) on one
hand and the Kabaka, members of the Royal family, chiefs, 100 private landlords and existing
missionary society (19,550 square miles).
By stroke of a pen, nearly half of the land became crown land and the other half was to be
divided into two; official estates and private estates which were to be owned freely. These tenure
systems gained strong roots and continued up to the present day.

It is worthwhile to note that statutory documents that followed this event were in clear cause to
aid what was agreed upon and such documents include; the Registration of Titles Act (Cap 205),

9
the Busuulu and Evujjo law (1928), the Crown Land Ordinance 1903, the Uganda Law Council
1902 and many others.

Customary land ownership, which had been a preserve of culture in became a null custom and all
peasants, who previously owned land was by the stroke of a pen, made tenants either on
Kabaka’s land or Crown (Protectorate land).

Dr. D.W Green Wood (1998) pointed out that towards the 1962 Uganda Independence, it was
agreed between the British and Ugandan authorities that a referendum should be held in a bid to
solve Bunyoro’s continued demand for the counties of Buyaga, Singo, Buwekula, and
Bugangeizi. The peasants of these voted overwhelmingly to return to Bunyoro Kingdom, the
absentee land lords did not easily accept the hand over of the lost counties and their superior
position kept the matter unresolved.

However, the colonial government and pre-independences agreed that the crown land be handed
over to independent Government of Uganda and land commission was established to manage the
land. The Buganda land (Mailo land) was to be vested in Buganda Land Board (BLB) and these
charges were provided for in the Public Land Ordinance (1962) passed before independence.

2.2.3 Post-colonial era

In the year 1966, the independence constitution was overthrown and by the constitution of 1967,
all kingdoms were abolished and Buganda Land Board was terminated by Public Land Act
(1969), all powers over both public land (crown land and mailo land) were vested in the Uganda
Land Commission.

Land occupied under customary tenure was public land and could therefore be alienated in
freehold or leasehold but with only the consent of those occupying the land under customary
tenure.

10
The Land Reform Decree (1975) abolished all tenure greater than leasehold. And this leasehold
was for a period for example, public bodies, religious and other charitable organizations were for
199 and 99 years in the case of individuals. But the Decree of 1975, if implemented fully would
ease access to land to potential developers but served for a shorter period due to instant political
turmoil and change of governments.

In 1995, the Constitution of Uganda was enacted which vests all powers of land to the people of
all Uganda and recognized four (4) forms of tenure just as the Land Act (1998) and these are;
customary land tenure, freehold land tenure, leasehold land tenure, and mailo land tenure. These
are present up to date and apply to Various parts of Uganda Kitooro ward inclusive.

Mukibi (1994) observes that when treating the subjects of land in the new constitution, it should
be appreciated that we Aare making a new piece of furniture from a heap of timber. In this
regard, land can be treated ass an ordinary property because the process of its acquisition and
loss does not differ from that of other properties just like furniture, motor vehicles or jewelry.
Land can be acquired through purchase, inheritance, fraud or gift.

Land as an unalienable human right universally recognized like the right of life, freedom of
expression, association, belief and assembly. This means that every citizen of Uganda is entitled
to fair share of the available land. Land as an economic resource, just like minerals, water and
raw material. Here, land is looked at in a strict economic term as a factor of production.

He concluded that there is need to stabilize the current volatile situation by guaranteeing security
of tenure to the largest number of people to meet future development strategies.

11
2.3 OVERVIEW ON PLANNING
According to Abercrombie (1959), the influx of urban planning resolves into the question of
where to build and where not to build, the plan to be efficient both aesthetically, sanitary, and
economically cannot primarily concern itself with the freaks of ownership. If of course there had
been one single owner or even one owner per country, there need no complaint, planning which
entails no loss of value, rather enhance it by leading to rapidity and cheapness to development.
The difficult occurs when there are various owners, large and small. One finds that most or all
his land is reserved as open and another gets most of all the building land.

There is a fact that concentration of prospective value on one area and elimination of possible
value from another. Abercrobie puts forward suggestions to deal with the fundamental issue.
That is nationalization of land, compensation and betterment contained in all Town and Country
planning Acts that have been in operation in the country, depriving the public of the right to
build until permission is given by the public authority and polling of environmental value. The
basis is that owners should co-operate in mutual arrangement to the effect that the possessor of
the land who is deprived of building value should be reimbursed from the receipts of the land
that is developed.

Drunkenly (1983) indicates that the forms of land tenure have a profound effect on real estate
development and their flexibility in adapting to the pressure of rapid urban growth. Land tenure
systems largely determine the mode of land assembly. This often presents complexities in
accessing land for real estate development and raises transfer costs.

He concludes with an observation that private ownership has exclusive rights of use of land and
its disposition.

Balinda (1992), argues that land is a determining factor of social economic and political
organizations and therefore matters related to its use are fundamental to human existence and
national development. Indeed, land is a basis of our survival and all economic activities are
carried out on land. Balinda observes that when these developments are unguided, then land
loses its usefulness and value and becomes less attractive to real estate developers.

12
Sharp (1964) observes that the sensible order of procedure in attempting to plan the future
physical character of an existing real estate is to first of all, determine and analyze the salient
facts of the place as it has been during the recent decades, then to attempt to decide from the
analysis, and from consideration of other related facts, what kind of real estate it may be possible
and desirable to create in the future. Finally, to consider the ways and means of bringing that
possible real estate to reality.

It is therefore important for a planner to know and study changes of different kinds and of
different degrees of permanent and temporary influences.

It is also necessary therefore to consider as well, and more closely, the character of real estate as
it was at the beginning and attempt to estimate the effects of the gradual changes on that
character.

McLoushlin (1969), states that planning, as we understand it today, the regulation of the use and
development of land and communication including the deliberate promotion is of very recent
oaring.

The decision to adopt planning cannot be pinned down as sudden moves by government or
municipalities, rather they are deliberate efforts to reduce what would arise in a laisse’s fair
estate where such interventions by the state is nonexistent. He further asserts that planning as a
purposeful Action is based on the possession and use of information.

Therefore, the information on activities and spaces, location and extent of real units, adapted
spaces and improvements on land, land values and prices, tenure and ownership, communication
channels, volume, frequency and intensity.

According to Bedwoth (1997), the need for careful planning should be obvious not only on large
and complex systems but also when small, straight forward projects are being considered. The
degree of planning required would be dictated by the complexity and size of the project requiring

13
plan. This is because planning aims at conscious organization of spatial activities in a manner
that will promote efficient and orderly developments. He concluded by stressing the need for
improvement in planning quoting from the space committee.
“Space activities are so unbelievably expensive and people working within this field are
so imaginative that space program could easily grow to cost many more billions of
dollars per year and this can not be done without major improvement in planning and
direction of the program.”

Gulliver P.H. (1994) stresses the need of information as an important step in any planning
attempt, without it, planning is impossible. Gulliver observes that information is needed to
observe problems, understand the concept in which the plan is to operate and provide a sense of
dimension, scale and limits of the probable. His message was very clearly stated in anew famous
cycle of survey, analysis and plan.

According to Geddes Patrick (1949), the last century has been remarkable, not only in England
but also in other countries for an exceedingly rapid and extensive growth of towns. The
corporations and other governing bodies have looked on carelessly while estate and estate around
their town has been covered with buildings without any position having been made for open
spaces, school sites or any other public needs.

The owner’s main interest, to offer his only one, has been to produce the maximum increase of
value or of ground rent possible for himself by crowding upon the land as much buildings as it
would hold. Today, it is hardly necessary to argue the desirability of proper system of town
planning. The advantage of the land around a growing town being laid out on a plan, preferably
with the fore thought and care to provide for the needs of the growing community seems self-
evident and yet general demand for such powers of town planning has been made.

He concluded that there is therefore need for an aspect of art to give completeness and
imaginative treatment that could transform the whole planning spectrum.

2.4 Effects of land tenure system on Real Estate Developers

14
Ministry of Water, Land and Environment (April 2003), quotes that land tenure issues
throughout the region are complicated by hybridizations of inherited nations on what is and what
was ought to be legitimate rights on land and who should control it. In the report, it was written
that in Zimbabwe, multiple processes are at work. Legitimization of settlers, eviction of settlers
and reversal of land acquisition resulting in mass uncertainty of tenures in South African strategy
of transferring whole farm claimants has been a principal cause of difficulty. Restitutions based
on court decisions about past evictions are likely to encounter similar problems in relation to the
internal coherence of remnant claimant groups.

Presently in Kampala, there is a lot of controversy as far as land allocation and control is
concerned. The commission of inquiry into illegal land sale allocation lease and purchase
Chaired by Prof. James Katorobo is a clear manifestation of the complex situation. The legal
framework is in place, but one wonders why the set procedures can not be followed. Top
Management in Kampala City Council Authority (KCCA) pins State House on land rows and
vice versa. His Worship the Lord Mayor of Kampala City noted that the State House was
illegally giving away City Council land to unknown people on grounds that they were investors.

The Land Act (1998), Section 60 & 61 clearly state that allocation, sale and purchase of land and
any other matter pertaining to land should be handled by the respective District Land Boards. At
the same time, one of the Executive Officers in KCCA shifts all the blame on the District Land
Office claiming that it is inefficient.

The World Bank report (1994-1999) writes that in Malawi, attempts are being made to invest in
existing informal, traditional land actors by improving the administration of customary land. In
Mozambique, the Legal Framework recognizes customary land allocation as one of three ways a
state allocated land use rights can be acquired. However, conversion of customary land to state
titles land has been chaotic and corrupt.

In Kampala, both informal and formal processes are employed to register land. The colonial
powers in Africa introduced urban land administration systems that were modeled on the systems
of their home countries. The extent to which indigenous tenure systems were understood,

15
recognized and incorporate varied from colony to colony but it was generally believed that only
a formal system based on a European model could provide a frame work for real estate
development and protects the rights of real estate property owners, who at that time were
expatriates.

Odongo Michael (2002) reported that land tenure consists of land tenure market, especially mailo
and customary land leading to a land “impassive”. It stated that:
“The problem with mailo land is that it creates legal ownership of land which the owner
does not occupy and occupation of land which the occupant does not own”.
This has led to constrained land transactions and encumbrances.

16
 CHAPTER THREE
RESEARCH METHODOLOGY

3.0 INTRODUCTION
This chapter lays down the procedures, methods and techniques that will be employed while
undertaking the study. A plan and description of the activities necessary for the completion of the
study have been identified and well explained. The research design, the study population,
sampling techniques and sample size, instrumentation and data collection methods, data analysis
and presentation techniques that the researcher intends to employ together with the reasons
underlying their choice of selection, are all discussed under this chapter.

3.1 STUDY POPULATION

The study population refers to a defined group within a stated class from which samples of
respondents will be taken. The study population will comprise only three categories of variables,
viz;
i. Land Lords: These will possess full rights of occupancy through; communal, freehold,
leasehold and mailo land tenures in Kitooro Ward.
ii. Sitting tenants: These will range from small area tenants (occupying less than 200m 2),
large area tenants (occupying 300m2 and above), government and/or non-governmental
tenants, to private companies living or working from Kitooro Ward.
iii. Technical officials: This will be made of the Area urban planner, the Chairperson
L.C.III, and several L.C.1 Chairpersons from different Cells in Kitooro Ward.

3.2 RESEARCH DESIGN

Research design refers to the plan, structure and strategy of the entire process involved in
carrying out the research study. The research design will serve as a logical basis for the
investigation that will be involved in the assembling, analyzing and interpretation of data. The

17
rationale behind preparation of a research design is to facilitate the research to be as efficient as
possible building maximum information with minimum expenditure of effort, time and money.

The study in question will adopt a systematic study design whose approach will incorporate the
concept of planning. Planning in this context will involve mapping out the case study area prior
to sampling and data collection. Prior to designing the research, the time and financial resources
available for the research together with the availability of skills of the researcher have been put
into consideration.

This study will give a detailed analysis of the impact that the four different land tenure systems
on planning for real estate development in Kitooro Ward.

An appraisal of each of these variables will be carried out and the research methods to be used
will involve simultaneous utilization of the available relevant literature, quantitative and
qualitative surveys, observation guides and key interviews.

3.3 SAMPLING TECHNIQUE AND SAMPLE SIZE

Sampling refers to the process of choosing a sub group for a population selected according to
particular criteria and taken to represent the whole group. This is important because it is seldom
possible for the researcher to be able to collect evidence for all members of the study population.
Ideally a sample is chosen so that no significant differences exist between the sample and the
study population in any important characteristics.

The actual sample of the study will be chosen from the three different categories of respondents.
These respondents will form a representative fraction of elements taken from the bigger
population under study. For every category of respondents, the chosen sample will serve as a
model of the respondent population and thus from a statistical analysis of the same data, it will
be possible to generalize to the whole study population with a specified degree of confidence.

The basic sampling unit for the study will be the household. According to UBOS 2018, Kitooro
ward had ……. households. The ward is composed of …… parishes, of which three were slected

18
at random. The three parishes were…, ……and….. which in total have …. households. A
minimum sample of …% will be used to select respondents in the selected zones. This gives a
total of 35 household respondents of which 9 were land lords and 21 were tenants. The study will
also use 5 technical officers who will include 3 LC 1 Chairpersons, the Area LC3 Chairperson
and the Division urban planner. These will be selected using purposive sampling. Hence the total
sample size will be 35 respondents.

3.4 Sampling procedure

The pattern of sample selection in the field will be carefully determined in that the sample will
be well distributed throughout the study area. To achieve this, the researcher will skip …….
households and interview the next, such that by the end of exercise, all the households will have
been given an equal chance to be represented. This will ensure that there is no bias in the study.

Research methods
The study will adopt a systematic design that will involve collection of data over a period of
…….. while examining all the different variables pertaining the study. Data to be collected will
be both primary and secondary.

3.4.1 Primary Data

This refers to data collected directly from the field through experiment or survey. The researcher
conducts a survey to observe and secure such raw data with the help of which he will examine
the truth contained in his hypothesis.
This form of data will be characterized by questionnaires and interviews.

a) Questionnaires
Questions arranged in a logical sequence to address the research questions will be prepared.
These questionnaires will consist of both open and close- ended questions with an aim of
securing a wider view of respondents’ understanding of the study problem.
For the case of open-ended questions, respondents will be free to formulate their answers the
way they consider to be the most appropriate in their own way and in their own words. Close-
ended questions on the other hand; will have the respondents’ responses fixed as respondents

19
will only be expected to choose the options (usually by way of ticking) with which they agree
most.

The researcher considered using questionnaires owing to the fact that they offer the greatest
assurance of anonymity (give almost similar answers) making data analysis easy and can be
completed at the respondents’ convenience.

The questionnaires will be self-administered and will target different categories of respondents,
viz: -
Questionnaire to sitting tenants: Tenant questionnaires will be distributed to every tenant
respondent selected. The essence of this questionnaire will be to help establish the type/nature of
tenants occupying real estate under different tenures and their degree of comfort within the same
properties. Number of years these tenants have occupied the premises in question, effect of the
tenure system on rent, standard of services, and problems tenants are facing with a particular
layout of the occupied real estate property.
Twenty-one (21) tenant questionnaires will be distributed in total with each selected tenant
respondent receiving one.

Questionnaire to Land Lords: Landlord questionnaires will be distributed to every Landlord

respondent selected. The essence of this questionnaire will be to help establish the type of land
tenure and whether the respondent is in possession of a certificate of title. More information will
be required on whether the land lord has a building plan for the structures on the property be it
temporally or permanent and the difficulties encountered in acquiring such legal documents and
development of the land into real estate. The questionnaire will include the future aspects of
developing land into real estate. Some information about the occupants be it tenants or squatters.
The respondent will also be required to recommend one of the four land tenure systems that
would favor real estate development in the area.
Nine (9) Landlord questionnaires will be distributed in total with each selected landlord
respondent receiving one.

20
Questionnaire to Technical Officers: Technical Officer’s questionnaires will be distributed to
the selected Local Council officers and the Area urban planner. The essence of this questionnaire
will be to help establish the role played by the technical officers in real estate development of
real estate in the area, the advice that they give to the people who approach with plans on real
estate development. It will also request for their personal opinion on real estate development in
the area and how they think are the reasons for the current form of development in the area.
Respondents will be requested to recommend one form of land tenure system that would be best
for real estate development.
Five (5) Technical officer questionnaires will be distributed in total with each selected
respondent receiving one.

c) Interviews
Interviews will be scheduled with the respondents. Interview guides will be formulated and
these will be ideally intended to secure additional information relevant to the study that may not
be captured in the questionnaires. Putting into consideration the fact that all the respondents
intended for the study have tight schedules of work, the study will stick to “structured
interviews”.
With the structured interviews, order of questioning will be based on a strict procedure and
highly on a revised interview guide. One advantage that comes with this form of interview is that
it saves time and the highest degree of uniformity in procedure is achieved.

3.4.2 Secondary Data

Secondary data refers to already existing information from other viable sources. The use and
simultaneous utilisation of literature relevant to the area of study will help avail qualitative data.
Documentation by different researchers and/or studies about the study will supplement the
primary data. Reports about urban planning and real estate development, journals, magazines,
newspaper articles from different libraries, Internet, research papers, company reports and
journals will be highly utilised.

21
3.5 DATA ANALYSIS AND PRESENTATION
Data processing and analysis will be done to transform data to a more meaningful state that can
be easy to interpret and understand by whoever is interested in the research. After data has been
collected, the researcher will return to the task of analyzing it. Analysis of data will require a
number of closely related operations such as establishment of categories, data tabulation and
drawing of statistical inferences. By doing this the researcher will classify the raw data into some
purposeful and usable categories.

Data editing will be done after questionnaire administering and it will be characterized by cross
checking of any possible mistakes and errors that might have been provided by the respondents.
The objective of this will be to ensure accuracy, comprehensiveness and uniformity in
information obtained.

Data coding will be done through which the categories of data will be transformed into
distinguishable symbols that will later be tabulated and counted. Tabulation is the part of the
coding procedure where the classified data will be put in the form of tables. Electronic devices
particularly computers and calculators will be made useful at this juncture. Computers not only
save the researcher time but also make it possible to study large number of variables affecting the
research problem simultaneously.

Methods used to analyze and process the primary collected data will include both manual
techniques and a computer programme called SPSS version 10.01. The manual methods will
involve feeding the variables manually into Microsoft excel spread sheet and deriving the
relationships.

Data presentation will broadly be by two methods, viz: - Quantitative and Qualitative methods.
Quantitative methods will employ statistical approaches and these will include measures of
central tendencies including calculations of mean/averages and mode. Research findings will be
tabulated and presented in text, figures, graphs and pie charts for easy interpretation and

22
comprehension. Qualitative methods on the other hand will emphasize use of statements to
generalize the research findings.

3.6 ANTICIPATED LIMITATIONS AND SOLUTIONS

i. Limited Literature to review: Literature concerning the property development and
management industry is hard to come by. A lot of data has not been documented and the
little documented is not stocked. Learning institutions should stock their book banks so
that students have access to such literature. The researcher however, intends to utilize the
internet and any other available literature.
ii. Respondents: There is likelihood of some targeted groups not providing the researcher
with the all required data due to the issues to do with professional firms’ tendency to
enjoy high levels of confidentiality. Secondly, some of the targeted respondents may not
easily be accessed due to their tight schedules of works for instance, technical officials.
The researcher’s persistence, re-scheduling and continuous reminders to his respondents
will be a viable solution to this challenge.
iii. Limited time and financial resources: The issue of limitedness regarding time and
financial resources will limit the extent of this research. The researcher has thus narrowed
both the content scope to reflect the impact of land tenure system on planning for real
estate development and the geographical scope to cover Kitooro Ward, Entebbe
Municipality to enable the study to comply with the limited time and resources.

3.7 CONCLUSION
It is advisable for a researcher to know their methodology before carrying out any research. For
the purpose of this research, the researcher has taken intensive care while choosing and
formulating his research methodology as emphasis has been put on methods and/or tools that will
facilitate the research to be as efficient as possible building maximum information with
minimum expenditure of effort, time and money. The techniques identified have all been revised
with an aim of ensuring comprehensiveness in collecting data that can be easily analyzed,
interpreted and presented.

23
 REFERENCES
1. Abercrombie P. (1959), Town and Country Planning, Oxford University press, Amen
house loud.
2. Buganda Agreement (1900 Chapter 1 Clause 15)
3. Cidzero b. (1996), Tanganyika and International Arustehip, London Oxford University
Press.
4. Dunkerley B. (1983), Urban Land Policy issues and opportunities, Oxford University
press, Washington D.C.
5. His Worship the Mayor of Kampala (2005) “Land allocation by State House” The New
Vision of 24th November, 2005.
6. Ministry of water, land and environment “Report on land tenure issues to the
parliament” (April 2003)
7. MkanjiC. G. (1993). The social cost of small families and land reform. A case study of
Wataita of Kenya Oxford. Parganion.
8. Mugambwa J. T (2002). Principles of Land law in Uganda, Kampala. Fountain
Publishers.
9. Nsibambi A. (1987). The Land question and conflict in Uganda, Kampala. Makerere
University, Institute of social research.
10. Mugisha R. (1992), Emergent changes and trends in land tenure and land use in
Kampala and Kisoro districts. Center for basic research, Makerere University.
11. Ondoga Michael (2002), “Effects of land tenure on land markets” The New Vision,
Wednesday 24th November 2005.
12. The Constitution of the Republic of Uganda (1995).

24
13. John Sebaana Kizito (2005): Land allocation by State House. The New Vision of 24th
November, 2005.
14. Buganda Agreement (1900). Article 15-17.
15. The Registration of Titles Act (1925).
16. Dr. D. Wood (1988), Report on land registration procedure and land registry in Uganda,
Kampala.
17. The Land Act (1998).
18. M Kangi C. George (1982). The social cost of small families and land reform. A case
study of Wataita of Kenya, Oxford, Pergamon.
19. McLougulin. J. Brian (1999). Urban and regional planning. A system Approach. Faber &
Faber limited. London
20. Balinda Birungi (1992). The nature and purpose of land use within the central aeras of
Kampala city.
21. Gulliver P. (1958). Land tenure and social change among the Nyakyusa. Kampala,
Uganda. East Africa. Institute of social research.
22. Kagwa, Jennifer (1994). Land tenure and land use in Kampala District. Center for Basic
Research.

25
APPENDICES

26
27
APPENDIX I
INTERVIEW GUIDE

28
 INTERVIEW GUIDE
(Targeting Physical planer Entebbe Municipality, and selected Local Council III
Chairperson of Kitooro Ward)
1. Does Kitooro Ward have an approved planning and Land use?
2. Are the current developments in the ward compatible with the approved planning and
land use?
3. How do you reconcile the interest of squatters, landlords, and your own interests as a
planning authority?
4. To what extent has the land tenure system affected planning for real estate development
in the ward?
5. Are there other factors that have led to the current state of developments in the ward?
6. What recommendations would you give in order to provide for real estate development
compatible with planning?

29
 APPENDIX II
QUESTIONNAIRE TO LANDLORDS

30
 QUESTIONAIRE TO LANDLORDS
Dear respondent,
I am by names of ARINAITWE ABRAHAM, a second-year student of Institute of Surveying
and Land Management, Entebbe carrying out research entitled “The impact of Land tenure
system on planning for real estate development in Entebbe Municipality (A Case study,
Kitooro Ward, Entebbe, Municipality, Wakiso District)” this is being carried out in partial
fulfilment of the requirement for the award of Diploma in Land Management and Valuation.

This survey is not in any way an evaluation of your activities and/or services and the
information given to me will only be used for academic purposes and will be treated with strict
confidentiality.

Date ……………………………………………………………………………………………….
Name of Respondent (optional)…………………………………………………………………...

Instructions
 Please tick appropriately according to your choice that best reflects your response.
 Fill in the spaces provided giving brief explanation when asked to do so.
Questions
1. What interest in land do you have?
i. Private mailo tenure
ii. Freehold tenure
iii. Leasehold tenure
iv. Customary tenure
2. Describe the type of your development: Permanent/Semi permanent/Temporary/Others,
Specify
………………………………………………………………………………………………
3. Do you have a Certificate of Title?
Yes No
If “No”, Give reason.

31
 ………………………………………………………………………………………………
……………………………………………………………………………………………....
4. Do you have an approved plan for your development?
Yes No
If “No”, Give reason.
………………………………………………………………………………………………
……………………………………………………………………………………………....
If “Yes”, mention difficulties faced (if any) in the process.
………………………………………………………………………………………………
……………………………………………………………………………………………....
5. Do you have any additional future prospects / plans for use of your land?
Yes No
Briefly give reasons to support your answer above.
………………………………………………………………………………………………
……………………………………………………………………………………………....
6. Do you have other occupants settling onto your land?
Yes No
i. If “Yes”, do they seek your permission?
Yes No
ii. Do they pay you anything for staying on your land?
Yes No
iii. If “Yes”, specify the form of payment. If “No”, suggest reasons why they do not
pay.
………………………………………………………………………………………
………………………………………………………………………………………
7. Would you prefer developing your land for real estate?
Yes No
Give reasons for your above answer.
………………………………………………………………………………………………
……………………………………………………………………………………………....

32
8. Are you aware of physical planning services by the controlling authority (Entebbe
Municipal Council)? Only applicable to landlords who own buildings without approved
building plans.
Yes No
If “Yes”, Have you utilized the services?
Yes No
Give reasons for the above answer.
………………………………………………………………………………………………
……………………………………………………………………………………………....
9. In your view, what form of land tenure would you recommend for real estate
development?
i. Private mailo tenure
ii. Freehold tenure
iii. Leasehold tenure
iv. Customary tenure
Give reasons for the above choice.
………………………………………………………………………………………………
……………………………………………………………………………………………....

Thank you for your cooperation.

33
 APPENDIX III
QUESTIONAIRE TO SITTING TENANTS

34
 QUESTIONAIRE TO SITTING TENANTS
Dear respondent,
I am by names of ARINAITWE ABRAHAM, a second-year student of Institute of Surveying
and Land Management, Entebbe carrying out research entitled “The impact of Land tenure
system on planning for real estate development in Entebbe Municipality (A Case study,
Kitooro Ward, Entebbe, Municipality, Wakiso District)” this is being carried out in partial
fulfilment of the requirement for the award of Diploma in Land Management and Valuation.

This survey is not in any way an evaluation of your activities and/or services and the
information given to me will only be used for academic purposes and will be treated with strict
confidentiality.

Date ……………………………………………………………………………………………….
Name of Respondent (optional)…………………………………………………………………...

Instructions
 Please tick appropriately according to your choice that best reflects your response.
 Fill in the spaces provided giving brief explanation when asked to do so.
Questions
1. When did you start living here?
…………………………………………………………………………………………………
…………………………………………………………………………………………...........
2. What attracted you to this locality?
i. Well planned area
ii. Affordable rent
iii. Easy access to social services
iv. Others (Specify)
………………………………………………………………………………………………
………………………………………………………………………………………………
3. Are you satisfied with the setup of developments in this area?
Yes No

35
 Give reasons for the above response.
………………………………………………………………………………………………
………………………………………………………………………………………………
4. What proposals do you have for the proper development of this area?
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………
5. Do you know the interest in land that you hold?
Yes No
If “Yes”, select it.
i. Private mailo tenure
ii. Freehold tenure
iii. Leasehold tenure
iv. Customary tenure
Do you think the tenure system above has effect on your rent?
Yes No
Give reasons for your above reaction.
………………………………………………………………………………………………
………………………………………………………………………………………………
6. In your view, what form of tenure system would you recommend for real estate
development?
i. Private mailo tenure
ii. Freehold tenure
iii. Leasehold tenure
iv. Customary tenure
Give reasons for the above reaction.
………………………………………………………………………………………………
………………………………………………………………………………………………

Thank you for your cooperation.

36
 APPENDIX IV
QUESTIONNAIRE TO LOCAL AUTHORITIES

37
 QUESTIONAIRE TO LOCAL AUTHORITIES
Dear respondent,
I am by names of ARINAITWE ABRAHAM, a second-year student of Institute of Surveying
and Land Management, Entebbe carrying out research entitled “The impact of Land tenure
system on planning for real estate development in Entebbe Municipality (A Case study,
Kitooro Ward, Entebbe, Municipality, Wakiso District)” this is being carried out in partial
fulfilment of the requirement for the award of Diploma in Land Management and Valuation.

This survey is not in any way an evaluation of your activities and/or services and the
information given to me will only be used for academic purposes and will be treated with strict
confidentiality.

Date ……………………………………………………………………………………………….
Name of Respondent (optional)…………………………………………………………………...

Instructions
 Please tick appropriately according to your choice that best reflects your response.
 Fill in the spaces provided giving brief explanation when asked to do so.
Questions
1. What roles do you play in the planning for real estate development in this village?
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
2. Do people approach you for any advices regarding their plans for real estate development
in this village?
Yes No
If “Yes”, specify the forms of advices.
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
If “No”, give reasons why.

38
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
Would you welcome the idea of real estate development in your village?
Yes No
Give reasons for the above reaction.
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
3. What do you think are the reasons for the current form of development in this village?
………………………………………………………………………………………………………
………………………………………………………………………………………………………
………………………………………………………………………………………………………
4. In your view, what form of tenure system would you recommend for real estate
development?
i. Private mailo tenure
ii. Freehold tenure
iii. Leasehold tenure
iv. Customary tenure
Give reasons for the above reaction.
………………………………………………………………………………………………
………………………………………………………………………………………………
………………………………………………………………………………………………

Thank you for your cooperation.

39
APPENDIX V
PROPOSED BUDGET

40
 PROPOSED BUDGET

NO DESCRIPTION QUANTITY UNIT RATE AMOUNT

1 Travel 30 Trip 5,000 150,000
2 Research Lump sum 50,000
3 Printing paper 4 Ream 12,000 48,000
4 Ruled paper 2 Ream 12,000 24,000
5 Printing 300 Number 200 60,000

6 Photocopying, Lump sum 50,000

scanning and biding
7 Others Lump sum 150,000
TOTAL 532,000

41
APPENDIX VI
WORK -TIME FRAME

42
 WORK-TIME FRAME

TIME

Sept. 2022

Nov. 2022

Mar. 2023
Dec. 2022

Apr. 2023
Feb. 2023
Oct. 2022

Jan. 2023

May.
2023
ACTIVITY
Proposal
writing
Literature
Review
Proposal
presentation
Proposal
submission
Data
collection
Mini
presentation

Draft report
Data analysis
Draft Report
Final
Presentation
Report
Submission

43