Customary land ownership in Acholi sub-region and impact of legislation

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Kampala international international: School of Law
Customary land tenure ownership in Uganda is characterized by extensive local land rights that are increasingly coming under threat from other land interests, notably elite interest seeking to gain access to land and foreign investors. In some districts such as Amuru, there has been rust for land, with local rights frequently ignored or at best Overlooked, resulting into land grabbing / conflicts evictions and loss of lives. The land Act cap 227 ideally provides a mechanism to avoid this, by providing, inter alia, that customary land owners may acquire certificates. Acquiring a certificate under customary tenure reduces the danger of unlawful appropriation associated with rapidly increasing land values, land grabbing / conflict and evictions among others. Unfortunately, many customary land owners have not accessed / acquired those certificates hence have been victims of the situation. This study, therefore aimed at examining the customary land ownership and impact of legislation. The study also aimed at establishing the non-legal factors that have made it impossible to acquire customary certificates under the land Act. Further, it sought to explore government processes and verify the primacy of government choices and actions in ordering the legal and non-legal factors that are directly associated with malfunctions in the reform policy of acquiring customary certificates. The study reviewed and analyzed provisions of the law (Land Act, 1998) on acquisition of the customary certificates, theoretical foundations of certificate of customary ownerships, the process of getting a certificates of customary ownership, role of traditional institutions in issuance of certificates and the gaps in the law and policy. The study findings indicate the absence of functional institutions, legal and non-legal factors; financial constraints, poverty and ignorance are the major limitations affecting customary land ownership. The study recommended inter alia that government should issue free customary certificate to customary land owners, carry many sensitization, and allocate adequate funds to the land sector.
A dissertation submitted to faculty of law in partial fulfillment of the requirements for the award of the degree of law of Kampala international university
Law, Customary land ownership, Acholi, Legislation