Browsing by Author "OBURU PETER"

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    Appraisal of the Role of Local Council Courts in the Resolution of Customary Land Disputes in Uganda
    (Kampala International University, 2024-11) OBURU PETER
    Local Council Courts (LCCs) were established under Section 3 of Local Council Court Act, Cap. 18 to among other resolve customary land disputes. This study appraised the role of Local Council Courts in resolving customary land disputes in Uganda. This stems from the fact that land related disputes are among the most prevalent types of disputes occurring within the local communities where land ownership, management and use, as well as its alienation is subject to customary law. This has resulted in rampant illegal and fraudulent land transactions calling into question the appropriateness of the existing legal regime in dealing with ensuing disputes. This study therefore set out to appraise the role of LCCs in resolving customary land disputes. Dwelling mainly on a doctrinal research methodology, the study examined primary sources including; the governing legislations, and case law as well as secondary sources comprising; textbooks, journal articles and internet sources. Customary law which regulates customary land is administered in Uganda through the instrumentality of Local Council Courts. The study’s findings revealed that LCCs, play an instrumental role in resolving customary land disputes. However, the full potential of these courts remain unharnessed due to certain challenges including; inadequate finding by the central government, lack of specialized knowledge by members of the LCCs and Procedural irregularities leading to the reversal of decisions of LCCs, as well as lack of proper enforcement mechanisms. The study recommends a complete overhaul of the LCC system with the view to improving on justice delivery at the local level through the training of LCC members, setting minimum academic qualifications, implementing a system of separation of powers and providing adequate funding.