LAND TRANSACTIONS

MODULE 2

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WORKSHOP 2
GROUP 1 - TASK A
1 HASSAN – LEADER

2 SAMORA – SECRETARY

3 BENITA

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4 FAHIM

5 KENNEDY

6 AGNES

7 MARY

8 NORMAN

9 ROBERT

10 KENNETH
 BRIEF FACTS:

James Musajjalumba owns 200 acres of land in Lwengo District with a

big coffee plantation. The ministry in charge of energy and natural
resources of the Government of Uganda has identified 50 hectares part
of the company’s of land, as a suitable location to set up a giant thermo
power plant to supply power to industries that are expected to emerge in
the Masaka & Greater Masaka area, and thereby boost revenues of the

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region and generally improve the livelihood of Ugandans served by the
station when completed. The Government of Uganda is determined to
have the land by January 2024 and hand it over to a Russian Company
that is going to execute the works. James intends to hold out for a hefty
compensation unlike some of his neighbors who the thinks are foolish
negotiators.
 LEGAL ISSUES:
1. Whether the Government can acquire James Musajjalumba’s land
compulsorily?
2. What is the procedure and the process to be followed by government to
acquire James Musajjalumba’s Land compulsorily?
3. What are the rights of James Musajjalumba if government is to acquire
his land compulsorily?
4. Whether James has other options to take against the government if he

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is not satisfied by the government’s compensation?

LAW APPLICABLE:

5. The Constitution of the Republic of Uganda, 1995 [as amended].

6. The Land Act, Cap 227 [as amended].
7. The Land Acquisition Act, Cap 226.
8. The Civil Procedure Act, Cap 71.
9. The Land Regulations of 2004 (as amended).
10. The Civil Procedure Rules S.I. 71-3.
11. Case law
 RESOLUTION OF ISSUES:
IN RESOLUTION OF ISSUE 1: Whether the Government can acquire
James Musajjalumba’s land compulsorily?

 Art 237(1) of the Constitution – Land in Uganda belongs to the citizens of

Uganda and shall vest in them in accordance with the land tenure
systems provided for in this Constitution.
 Art 237(2)(a) – the Government or a local government may, subject to
Article 26 of this Constitution, acquire land in the public interest.

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 Art 26(2)(a) – 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;
• The taking of possession or acquisition is necessary for public
use or in the interest of defense, public safety, public order,
public morality or public health. – Advocates for Natural
Resources Governance & Development & Others v AG & Others,
(Constitutional Petition No. 40 of 2013).
 where government acquires or takes possession of any persons property,
such an act has to be made in a law which provides for “Prompt payment of
fair and adequate compensation; prior to the taking of possession or
acquisition of property”
 Section 42 of the Land Acquisition Act – the Government or a local
government may acquire land in accordance with Articles 26 and 237(2)
of the Constitution.

 In relation to the facts at hand, Yes Government may acquire James’s

land compulsorily in accordance with law and must observed the rights of
James.

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IN RESOLUTION OF ISSUE 2: What is the procedure and the process to
be followed by government to acquire James Musajjalumba’s Land
compulsorily?

 The procedure for land acquisition is provided for under the Land
Acquisition Act, Cap 226 and also discussed in the case of Sheema
Cooperative Ranching Society & 31 Others v. AG, HCCS No. 103 Of
2010.

STEP 1: Consultation and determination of whether land is suitable for

public purpose - Section 2 of the Land Acquisition Act.
STEP 2: The minister must make a declaration to that effect via a statutory
instrument – Section 3(1) of the Land Acquisition Act.
 K. Quatina v. Law Development Center (1975) H.C.B 296, it
was held that the S.I must come before the acquisition. It cannot
come subsequent to the acquisition.
 KULDIP KRATAURA v The Law Development Centre [1978]
HCB 296: It was held that under Land Acquisition Act 1965 there
was no power given to the Minister to make a declaration that

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any land is required by Government for public purpose with
retrospective effect. Therefore the said Statutory Instrument was
ultra vires of the power of the Minister and was illegal.
 Also in Shema case above, a Statutory Instrument which was
made after the invasion of the squatters was held to be “a mere
mask to cloth the compulsory acquisition with legality”

STEP 3: This declaration must be served on the owner of the property –

Section 3(3) of the Land Acquisition Act.

STEP 4: The land is then accordingly marked out – Section 4 of the Land
Acquisition Act.
STEP 5: Notice of the government’s intention to take over must be
advertised in the gazette and accordingly placed on or near the land –
Section 5(1) of the Land Acquisition Act.

STEP 6: The notice shall inter-alia require all interested persons to appear,
with details pertinent to their interests in the land, objections and
compensation – Section 5(3) of the Land Acquisition Act.

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STEP 7: An assessment officer then holds an inquiry to determine the
amount of compensation and its apportionment – Section 6(1) of the Land
Acquisition Act.
 A licensee cannot be compensated: Ngumuyo Estate L.T.D v.
A.G (1971) H.C.B 89.
 All tenants are entitled to compensation: Abdulla v. The
Collector (1958) E.A 779.
 Compensation is based on the market value of willing buyer
willing seller: Chand v. The Collector (1957) A.C 125:
Collector (1957) A.C 125:
STEP 8: Any disgruntled party may appeal within 60 days to the High court
pertinent to the compensation or any apportionment of the same – Section
13 of the Land Acquisition Act.

STEP 9: Upon the making of the award the assessment officer then takes
possession of the property – Section 7(1) of the Land Acquisition Act.
 Uganda National Roads Authority v. Irumba Asumani & Peter
Magelah, SCCA No.2 of 2014.

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IN RESOLUTION OF ISSUE 3: What are the rights of James Musajjalumba
if government is to acquire his land compulsorily?

 He also has a right to be given notice prior to the taking possession or

acquisition of the Land – Article 26 (a) of the Constitution.
 He has a right to prompt payment of fair and adequate compensation,
prior to the taking of possession or acquisition of the property – Article
26 (b).

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 Section 41(6)(a) of the Land Act Cap 227 – any compulsory acquisition
of land, compensation shall be at a fair market valuation assessed on a
willing seller buyer basis.
 Section 41(6)(b) – the commission shall pay all reasonable costs of
disturbance to the person from whom land is to be acquired.
 Section 41(6)(c) – in case the 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.
IN RESOLUTION OF ISSUE 4: Whether James has other options to take
against the government if he is not satisfied by the government’s
compensation?

James Musajjalumba my may appeal within 60 days to the High court

pertinent to the compensation or any apportionment of the same.

Section 13 of the Land Acquisition Act – where an award is made under

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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
GROUP 3 – PART B
1 PAULA – LEADER

2 LAMECH – SECRETARY

3 DAVID K

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4 MARIAM

5 JACKSON

6 HAKIM

7 BRENDA

8 SHIRLEY

9 SIMON
 BRIEF FACTS:

Land has been compulsorily acquired by government. James wishes to

fence off the entire 150 acres of land left and set up a coffee processing
plant. At the extreme end of the 150 acres James intends to fence off,
there is a community well existed for generations. James would like to
close it off to avoid villagers straying into his farm and bringing diseases
to his crops and livestock. James attempted to close off the well, and
there was uproar which called in district leaders. A mediator was

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appointed to which warring parties reached a compromise to allow
unhindered access to the well.
 LAW APPLICABLE:
1. The Constitution of the Republic of Uganda, 1995 [as amended].
2. The Land Act, Cap 227 [as amended].
3. The Registration of Titles Act, Cap 230.
4. The Survey Act, Cap 232.
5. Case law

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LEGAL ISSUES:

6. Whether James can achieve his objectives and if so, how?

7. What appropriate agreement can be drafted to protect interests of the
community?
8. What is the process of ensuring that interests of the community
secured are duly registered on James’s land title?
 RESOLUTION OF ISSUES:
IN RESOLUTION OF ISSUE 1: Whether James can achieve his objectives
and if so, how?

 Article 237 of the Constitution – vests land in citizens of Uganda to be

held in accordance with four land tenure systems.
 Mugisha Stephen v. Karugaba Yosatasi (HCCS LD 0050 of 2013), -
Easement means an interest in land by another person to exercise
limited rights over land without constituting any form of ownership.

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 An easement is not a personal right but a right that is annexed to land
and passes with land.
 In Re Ellen Bouilgh Park (1958) CH 131, Evershed MK adopted the test
to determine whether an easement existed. He said that;

 There must be a dominant and serviette tenement,

 Easement must accommodate the dominant tenement,
 The dominant and serviette owner must be different persons,
 A right over land does not amount to an easement unless it can form
the subject matter of grant.
 Right of way:
 Meggary & Wades textbook “The law of real property”, 8th Ed page
125 – common law recognized a limited number of rights which one
landowner can acquire over the land of another, and these rights are
called easements and profits.
 Section 69 of the Land Act – commissioner has power to create rights in

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land vested in it.
 Section 71 thereof – public rights of way.
 Section 61 of the Road Act – Minister to specify requirements and
specifications of access roads and Section 62 thereof – deals with an
application for leave to construct access road through private property
where negotiations fail.
Therefore, our facts are to the effect that James can fence off his piece of
land with due regard to the legislations concerning Easements in particular
right of way to access community well.
 IN RESOLUTION OF ISSUE 2: What appropriate agreement can be
drafted to protect interests of the community?

 Express grant /Right of way Agreement.

 The community can enter into a Right of way Agreement with Mr. James.

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This is as a result of easements created by express grant/ reservation
This agreement is inferred by legislation, common law and case law.

 The N.S Supreme Court in Halifaz Regional Municipality v. Rhyno

(May 2022), illustrated the value of written right of way agreement.

 See copy of agreement in the word document.

 IN RESOLUTION OF ISSUE 3: What is the process of ensuring that
interests of the community secured are duly registered on James’s land
title?
 The process of ensuring that interests of community are duly registered
on the title of James will be guided by the RTA Cap, 230.
 Regulation 34 of the Land regulations – a right of way to be indicated on
the sketch by dotted lines and shall be clearly described.
 Section 60 of the RTA – whenever any certificate of title contains any

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statement to the effect that the person named in the certificate is entitled
to any easement, the statement shall be received by all courts as
conclusive evidence that they is so entitled.
 Section 61 – 65 of the RTA are also pertinent as well as 3rd & 5th
Schedule.
 The process is as follows:
1. Express grant of the right of way by an agreement.
2. The agreement is registered as a public document under
URSB.
3. Agreement delivered to the Registrar of Titles together with a
certificate of Title and proof of payment of fees.
4. Easement instrument effected on the Certificate of Title.
GROUP 3 – PART C
1 ISAAC – LEADER

2 GABRIEL – SECRETARY

3 AMINAH

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4 DAPHINE

5 JONATHAN

6 MADINAH

7 ZAM

8 PATIENCE

9 RUTH
 BRIEF FACTS:

Erukana Sentongo in the year 2016 bought from a one Ssempijja a third
of an acre of land situated at Kyandondo Block 256 Plot 110 on the
fringes of Muyenga bordering some slummy areas of Namowongo in
Kampala District. He developed a state of the art mansion facing the
lake with a very beautiful panoramic view. In December 2022 Ssempijja
decided to sell to two thirds of the residue to Col. Mansur and currently
putting a skyscraper that blocked Erukana’s access road to the public

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way claiming its part of his land. Majje has refused to listen to any
negotiations.
 LEGAL ISSUES:

1. Whether Erukana can lawfully have access to the road by public way
and procedure there under?

2. What are the necessary documents required to pursue the remedy?

LAW APPLICABLE:

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3. The Constitution of the Republic of Uganda, 1995 [as amended].
4. The Roads Act, 2019.
5. The Practice Direction No.1 of 2006
6. Case law
 RESOLUTION OF ISSUES:
IN RESOLUTION OF ISSUE 1: Whether Erukana can lawfully have access
to the road by public way and procedure there under?

 Section 59 Registration of Tittles Act provides certificate to be

conclusive evidence of title.
 In the Case of Bernstein v. Sykviews and General Ltd (1978)QB 479,
where the plaintiff attempted to sue for trespass when aerial
photographs were taken of his property.

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 The case established that a property owner doesn’t have unqualified
rights over the airspace above their land. An owner of land has a rights
in heights above, only to such a height in above, as is necessary for
the ordinary use and enjoyment of his land and structures upon it.
 In the Case of Phipps v. Pears (1965) 1 QB 76 Lord Denning noted
that where one has a fine view from his house, and has enjoyed the view
for many years, but where his neighbours choose to abstract by building
up and blocking it ,the person with the fine view has no redress , and
has no right to the view.
 As per the facts above Erukana has no right over the panoramic view in
light of the intended blockage by Majje.
IN RESOLUTION OF ISSUE 2: What are the necessary documents
required to pursue the remedy?

Access to a public road.

 Section 3 of the Road Access Act, 2019 defines a right to way to means
the right to use a public road.

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 Article 43 of the Constitution of the Republic of Uganda provides that, in
all enjoyments of the rights and freedoms described in the Constitution
no person shall prejudice the fundamental human rights and freedoms of
other public interest while enjoying their rights.

Procedure to access the road:

1. Negotiation with neighbors or landowners to construct an access road.

2. Application to the Minister for leave to and construct an access road.

 Section 62 of the Roads Act, 2019 provides for leave to construct
access roads through private property; Subsection 1 provides that where
the landowner of any land is unable, through negotiations to obtain leave
from adjoining landowners to construct an access road to a public, he or
she may apply to the Minister for leave to construct an access road over
any land lying between his or her land and the public road.

 In the even that negotiation fails, section 62(1) provides that the owner

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of the land should be unable to obtain leave from adjoining land owners
through negotiation to construct a road access to the public.

 Subsection 2 is to effect that, the Minister may in consultation with the

relevant road authority , grant leave to construct an access road.

 Subsection 3 is to effect that the Minister shall before granting leave to

construct an access road under subsection (2) ensure that an applicant
compensate the adjoining landowner.

 Subsection 4 is to effect that an application under subsection (1) shall

be in manner prescribed by regulation.
 In the case of Mugisha Stephen v Karugaba Yostasi HCCS LD 050 of
2013, court held that the objective of the access to Roads Act, as is
stated in the long title, is to provide for procedure by which a private
landowners who has no reasonable means of access to a public
highway and for other purposes connected with that.

 Documents – Application for leave to construct a road of access form set

out in the schedule to the access to Roads Act Cap. 350 and Practice

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Direction No. 1 of 2006.

 Therefore, with regard to the facts Erukana can lawfully have access to
the road by virtue of provision of section 62 of the Road Act.
GROUP 4 – TASK D & E
1 ANNET – LEADER

2 EDNA – SECRETARY

3 JOHN

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4 NATHAN

5 CATHERINE

6 CHRISTOPHER

7 CYNTHIA

8 ANNAH

9 JOSEPHAT
 BRIEF FACTS:

James Kapwepwe purchased a building from Mukalazi Mansur. It is on

Nasser road Plot 34A and has two floors; The ground floor has five retail
shops whose occupants pay rent a month in advance however, it also has
Zaituni the mobile money lady who pays 100,000 per month and the
Newspaper vendor ssalongo Matayo who doesn’t pay any rent. The first
floor has 12 tenants who pay rent a year in advance. 10 of the 12 have
paid while two are in arrears. The second floor has tenants who pay three

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months in advance however in the corridor one of the tenants has allowed
his younger brother to display his art work which he covers when Mukalazi
Mansur comes around. James Kapwepwe intends to clear this entire
building and start on a clean slate and also wants to construct a basement
parking on a plot that he purchased from Jakana Kato however this will
involve deep excavations and yet the plot is next to another buiding owned
by Mugaga Ramazani.
 LAW APPLICABLE:

1. The Constitution of the Republic of Uganda, 1995 [as amended].

2. The Land Act, Cap 227 [as amended].
3. The Registration of Titles Act, Cap 230.
4. The Roads Act, 2019.
5. The Survey Act, Cap 232.

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6. The Land Regulations of 2004 (as amended).
7. Case law
 LEGAL ISSUES:

1. Whether there is any additional information required from Mukalazi

Mansur?

2. What are the different interests and rights of the occupants of this
buildings?

3. What are the requisite notices for occupants above to vacate?

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4. What are the obligations of Kapwepwe to Mugaga as he undertakes
his excavation works?

5. What is the appropriate agreement between Kapwepwe and all the

occupants going forward?

6. What are the appropriate legal fees and their justification?

 RESOLUTION OF ISSUES:
IN RESOLUTION OF ISSUE 1: Whether there is any additional information
required from Mukalazi Mansur?

 Copies of all the lease agreements for the different occupied spaces;
highlighting the duration of each and general terms which govern
them.
 Ascertainment of who the two people that have rent arrears are and
how much money they are owing.

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 How many tenants are on the second floor and what nature of
business do they carry out?
 Whether Mansur has taken any means to recover the money from
these defaulters( has he lodged a case in court)?
 What are the rights/interests of Salongo Matayo and Zaituni ?(are they
tenants?, licensees?)
 Are there any other people that hold proprietory interests in this
building apart from the known tenants?
 What are the rent charges for each tenant?
 When does Kapwepwe intend to clear /vacate the tenants from the
entire building?
IN RESOLUTION OF ISSUE 2: What are the different interests and rights
of the occupants of this buildings?

 In the instant facts we have a number of occupants in the recently

bought building by Kapwepwe and these different occupants have rights
under the law as discussed below;
 Periodic tenancies: The tenants that occupy the ground floor, first floor
and second floor who pay rent monthly or yearly to Mansur, and these

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have rights as provided for under the Landlord and tenant Act, 2022;
 A right to an agreement copy of a tenant. This is provided for under
Section 5 of the Landlord and Tenant Act 2022.
 A right to get receipts after payment of rent is made to the landlord, this
is issued immediately or within 5 working days of receiving the payment,
as per section 25 (1) of the Landlord and Tenant Act, 2022.
 A right to quiet enjoyment of the premises. A landlord shall take all
reasonable steps to ensure that the tenant has quiet enjoyment of the
premises during their tenancy as per section 19 of the Landlord and
tenant Act 2022
 A right to non-discrimination. Section 20 of the Landlord and tenant Act
2022 the landlord shall not refuse to rent on grounds of sex, race, colour,
ethnic origin, tribe, birth, creed or religion, social or economic standing,
political opinion or disability.

 A right to repairs of the premises and maintenance by the landlord.

Landlords are required to keep the premises maintained in good repair
as per section 7(1) of the Landlord and Tenant Act, however this does

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not apply to repair of damage caused by the tenants negligence or failure
to take reasonable care as per section 8 (1) of the Landlord and Tenant
Act.

 Taxes and rates: Under this the landlord is responsible for the payment
of all taxes and rates imposed by law in respect of the premises and
where the tenant pays any taxes or rates in respect of the premises , the
landlord shall compensate the tenant the amount paid as per section 10
of the Landlord and Tenant Act.
  In the instant facts we see that the building Kapwepwe bought has
occupants in the floors and have been paying rent and these occupants
have several rights under the landlord and tenant Act. However there
are two tenants described by Mansur as difficult and have rent arrears
and in this Kapwepwe can address this issue by applying to a court with
competent jurisdiction to recover the rent owed as per section 29 of the
Landlord and tenant Act 2022.

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ZAITUN
 She operates a Mobile money Kiosk on the Veranda and pays some
minimal fees to Mansur which is 100,000/= every month.

 Zaitun is considered to have a license and specifically a contractual

license. A contractual license is simply the giving of personal permission
by the land owner to the licensee to access the land with consideration
given to the owner of the land. In the case of Horrocks v. Forray [1976]
1 WLR 230 states the difference between the contractual licenses is that
there is consideration made by the licensee for the benefit of the license.
MATAYO SALONGO
 Matayo Salongo a newspaper vendor who operates therefrom since
2004 with two newspaper stands but also sells sweets face masks and he
does not pay rent and however is always harassed by KCCA. Salongo
Matayo in this case is a bare licensee, a bare license is simply the giving
of personal permission by the land owner for the licensee ( the person
with the benefit of the license ) to enter and remain on the land without

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any consideration made.
 A bare license effectively confers the right only of not being a trespasser
so long as they comply with the terms of the license, it does not confer
any higher status than that.
 Section 33 of the LAND LORD AND TENANT ACT provides for invalid
assignment and subletting of premises and it states that an assignment of
a tenancy or subletting of the whole or any part of the premises by a
tenant without the consent of the landlord is invalid and immediately
terminates the tenancy.
In the facts, we see that one of the tenants did not inform the landlord
Mansur of his assignment of the corridor to his young brother Enoch to
display his art pieces and this evidenced when Enoch hides when he hears
that Mansur is passing by thus this makes this assignment invalid for
there’s no consent from the Landlord. This simply implies that Enoch has
no rights and is a trespasser.

IN RESOLUTION OF ISSUE 3: What are the requisite notices for

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occupants above to vacate?

NOTICES DRAFTED ( ATTACHED IN WORD DOCUMENT)

 IN RESOLUTION OF ISSUE 4: What are the obligations of Kapwepwe to
Mugaga as he undertakes his excavation works?

 Regulations 32 of The building Controls Regulations 2020 provides

for that where any excavation is likely to impair the stability of any
property or where the depth at any point in an excavation is expected to
be in excess of 3 meters and is not indicated on the approved
architectural and structural engineering plans, the owner of the site shall;

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1. Make an application to the Building Committee, in writing for
approval of the required structural temporary works prior to the
commencement of excavation;
2. Take precautionary measures as may be specified by the Building
Committee.
3. Maintain open excavations in a safe condition at all times to the
satisfaction of the Building Committee; The Contractor must take all
steps necessary to safeguard the existing property and adjacent
property, make good at his own expense any injury to persons or
damage to property caused thereon, and hold the Government
indemnified against any such claim arising.
4. Present the permit issued by the Building committee. Regulations 14 of
the building Control Regulations 2020, provides for Excavations.

5. Issuance of notice on the commencement of the excavation to Mugaga

Ramanzani and the public. The Contractor is to make every reasonable
and practical effort, consistent with good and expeditious work, to avoid
nuisance from noise, dust, transport or any other cause to the occupants
of existing buildings and adjoining property and to the public generally.

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6. Proximity of adjacent buildings; Engineers must consider the proximity of
adjacent buildings to ensure their stability during and after excavation. By
employing appropriate support systems, such as soil nailing, and
anchors, in order to minimize potential damages to the adjacent
structures. Saba Gifco Uganda Limited v. DFCU Bank Limited & 2
Others (CIVIL SUIT NO. 157 OF 2017).

7. There should be no infringement of both rights below and above the

surface of land.
IN RESOLUTION OF ISSUE 5: What is the appropriate agreement between
Kapwepwe and all the occupants going forward?

A TENANCY AGREEMENT ( attached in word document).

IN RESOLUTION OF ISSUE 6: What are the appropriate legal fees and their
justification?

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 Regulation 14(b) of the Advocates (Remuneration and Taxation of Costs)
Rules S.I 267-4 provides that in respect of leases, agreements for lease
or conveyances reserving rents or agreements for the same completed,
the remuneration shall be that prescribed in the second schedule to these
rules.

 Part 1(c) of the Second Schedule to the Regulations provides for the scale
of charges where the consideration exceeds UGX 20,000,000; 5% of the
amount not exceeding 10,000,000 UGX, 3% of the amount exceeding
10,000,000 shillings but not exceeding 20,000,000 UGX; and 2% of the
amount exceeding 20,000,000 UGX.
 According to our facts, Kapwepwe wants each of the 45 tenants to pay
UGX 3,500,000 Per month which totals to UGX 157,500,000 Per month.

The fees are calculated as follows;

 5% of 10,000,000 is 500,000, 3% of 20,000,000 is 600,000, 2% of

127,500,000 is 2,550,000 and the total is 3,650,000.

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 Therefore, I would charge UGX 3,650,000 as fees for execution of the
tenancy agreement.