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- ItemTenancy by occupany: is it a tenancy or a tenure?(The incidences of section 29 of the land act, Cap 227)(Panamaline Books Distributors Limited, 2017) Mugalu, Sarah BanenyaThe article brings details about land laws in Uganda in relation to tenancy. Ownership of land would make a lot of sense if it is registered, not only for the statistic of the country but also for the owner. In our case, registration of land under the RTA is, legally, a right in rem. A legal right and a conferment of an indefeasible title within the meaning of the Torrens system of land registration. However, in the event that registered land is encumbered with a tenant or tenants by occupancy, then the supposed indefeasibility of title is negated. It is instead the tenancy that becomes indefeasible irrespective of the fact that it is not registered. The law protects a tenancy by occupancy irrespective of whether it is noted on the register or not. The onerous provisions to secure a court order to evict a tenant by occupancy, under the Land Amendment Act, No. 1 of 2010, guarantee the perpetual nature of the tenancy. Given the fact that a tenant by occupancy can only be evicted for non-payment of rent, through a court process which lasts for nearly a year, it makes the venture very unattractive. It also means that the tenant by occupancy can cause environmental degradation but that by itself cannot be used as reason for eviction. The fact that a tenancy by occupancy can outlive a lease, for example, leaves little room to argue that it is actually a tenancy as enumerated under the long-standing principles of landlord and tenant law or the law of tenancies. A tenancy by occupancy is only but a tenure save for the legislators cajoling the language of the statute to console but also comfort the registered landowners on whose land there happens to be tenants by occupancy occupying it. Call it a tenure and close the fallacy!!
- ItemRight to academic freedom: its place under Uganda constitution(Panamaline Books Distributors Limited, 2017) Obalowose, OjoThe whimsy absence of express provisions of law on the right to academic freedom in Uganda constitution and other subsidiary laws becomes a precursor to grave violation of this right not only by the state, but also by private individuals and other entities. Aside copious absence of these laws in the Constitution, paucity of knowledge that these rights exist amongst beneficiaries, and the apathy expressed by the judiciary and legislative organs in this direction is worrisome. Those who seem to be aware of the existence of these rights question its legality and applicability. The cumulating of these odds has endeared victims of such violations to take succor on a larger platform through an international instrument under the aegis of “Kampala declaration on social responsibility and intellectual freedom,” which clearly sets out these rights. It is upon these parameters that the scope of this work shall be built as it sets out the right of all stake holders, which includes teachers, lecturers and professors in universities or other academic institutions, and a cursory analysis of legislative and statutory lacuna thereto
- ItemMaritime surveillance and enforcement privatisation galore in Nigeria: a compromise of state sovereignty(Panamaline Books Distributors Limited, 2017) Adeyemi, Ariyoosu D.; Abdulrazaq, Abdulkadir O.The freedom to participate in seaborne trade is one of the most vital engines motivating global economic progress and development in recent times. Coastlines, territorial waters, high seas and ports depend, to a large extent, on security in the world maritime domain. However, the serious threats posed to global order by the international terrorism, piracy, oil theft and bunkering, to mention but a few, have given rise to overriding and all important national security concerns among the port states. In response to these challenges, some states have increased their strategies with the establishment of maritime security enforcement forces such as the United States Coast Guard (USCG) in the United States, Nigerian Maritime Administration and Safety Agency (NIMASA) in Nigeria, Malaysian Maritime Enforcement Agency (MMEA) in Malaysia, etc. to address the problem. Conversely, Nigerian government has changed the policy and firmed out enforcement and surveillance activities in the entire Nigerian maritime domain to a private security company. This aim of this paper is to investigate the issue of privatising enforcement and surveillance mechanisms in maritime sector with a view to determining the appropriateness or otherwise of such privatisation. It has been found that privatization of the enforcement and surveillance mechanisms in maritime sector is ill-intentioned and inherently inimical to good governance and likely to do the nation more harms than good. The paper concluded that the issue of maritime enforcement and surveillance goes beyond the activities of private security company, and besides, the policy usurps the constitutional powers of the legislature which established maritime security forces through the legislature. It therefore recommended that concession of maritime enforcement and surveillance to private security company should be revisited to ensure partial privatization rather than total privatization
- ItemKampala International University Law Journal(KIULJ)(Panamaline Books Distributors Limited, 2017-01) Kampala International University, School of LawKampala International University Law Journal is the official journal of the School of Law, Kampala International University. It is a peer-reviewed journal providing distinctive and insightful analysis of legal concepts, operation of legal institutions and relationships between law and other concepts. It is guided in the true academic spirit of objectivity and critical investigation of topical and contemporary issues resulting from the interface between law and society. The result is a high-quality account of an in-depth assessment of the strengths and weaknesses of particular legal regimes with the view to introducing reforms. In furtherance of the requirements of advanced academic scholarship, the Journal pays high premium on originality and contribution to knowledge, plain and conventional language, and full acknowledgment of sources of information among other things. It is superintended by a Board of respected academics, lawyers, and other legal professionals. The Journal offers useful reference material to legal practitioners, international organisations, non-governmental organisations and the academia. It also provides multipurpose policy guide for the government. The Journal is a biannual publication. Calls for articles and submission datelines are determined by the editorial board
- ItemIntroducing the teaching of African legal jurisprudence in the 21st century: the KIU approach(Panamaline Books Distributors Limited, 2017) Azeez, AbdulkareemOne of the consequences of colonial rule in substantial part of Africa was the Received English Law. This law was not only alien to the cultural orientation of the African people but significantly compromised the cherished traditional African Justice System, by subjecting amongst others, the customary rules to ‘validity’ test. The colonial approach of planting the United Kingdom legal system into the colonized territories without considering the cultural values and peculiarities of the indigenous people has caused huge historical legal imbalances.This research reviewes the traditional African justice system prior to the arrival of the received English law; during colonialism and in the post-colonial era with particular emphasis on the 21st century law teaching at Kampala International University. The research recommends a unified approach aimed at marrying the inherited legal system with the traditional Africa justice system with a view of bringing out an efficient and acceptable legal system which will reflect the needs and values of the African people.
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