A critique of the relationship between kibanja holder (tenancy by occupancy) and registered proprietor under the land act of 1998 cap 277.
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Date
2016-06
Authors
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Publisher
Kampala International University, School of Law
Abstract
The study is about the relationship between kibanja holder ( tenancy by occupancy) and
registered proprietor under the land act 1998 cap 227 and establishes the rights of lawful and
bonafide occupants on Mailo land and how such rights are violated, with specific aims of
examining; the rights of lawful and bonafide occupants on Mailo land; the abuse of the rights on
bonafide occupancy on Mailo land; the effectiveness of the law governing bonafide occupancy
on Mailo land; and suggesting improvements that can be made on bonafide occupancy rights on
Mailo land. A review of related literature was carried out on existing information on the specific
va1iables of this paper to comprehend the problem, enrich and supplement the study findings.
The study established that lawful an bonafide occupants on mailo land need to be provided with
rights of purchase, derived tenure, right of access to infonnation on sale of land, right among
others however these rights have been abused when through encumbrances put on the land, they
cannot use it to secure loans, evictions without compensation moreover their purchase right is
ignored,. On the other hand much as this is the case, the law has managed to grant access rights
to occupancy much as this remains controversial with the interests of the land owners. The study
concludes that rights of a lawful and bonafide occupant are still yet to be abused if parliament
does not undertake to balance the interests of the occupants with that of the owners of land.
While making any other attempts to review the entrepreneurship of mailo land, then priority
needs to be given the issues that surround mailo land.
The study recommends that there is need to; drawing legal supportive measures to enhance
borrowing; seeking legal advice; sensitizing community on their land rights; establishing the
degree of subsidiary granted; recognizing the legitimacy and dynamism of derived rights; need to
regulate degree of autonomy to generate acceptance and sensitizing landlords on derived rights.
Description
A Dissertation Submitted to the School of Law in Partial Fulfillment of the Requirements for the Award of a Degree of Bachelor of Laws of Kampala International University
Keywords
tenancy, occupancy, Land