LAND TRANSACTIONS LEARNING OUTCOMES (WEEK 2)

Workshop One & Two

FIRM X PARTNERS
1. Mpaata Jerome Owagage
2. Julianne Mwebaze
3. Diane Niyogusabwa
4. Aine Raymond
5. Gerald Ndobya
6. Dorah Muhanuuzi
7. Mulindwa Fredrick
8. Daphne Musoki
9. Awino Mercy
10. Kule Roland

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 WORKSHOP ONE:

Learning Outcome 1: Explain the features of valid lease and to effectively undertake
transactions pertaining to leases such as creation, registration, variation and termination of
a lease.

1. Introduction
i. Articles 237(1) – Land belongs to the citizens of Uganda and shall vest in them in
accordance with the tenures provided.
ii. The different types of tenures are provided under Article 237(2) and Section 2 of the
Land Act and include leasehold tenure. Article 26(1) – protects the right to own property
either individually or in association with others.
iii. Under Article 237(2) (b) non-citizens may acquire leases in land.
iv. Section 101 of the RTA provides for the power of a freehold or mailo land owner to
lease land.

2. Leases defined
i. Defined under Section 1(s) of the Land Act as the holding of land for a given period
from a specified date of commencement, on such terms and conditions as may be agreed
upon by the lessor and lessee, the incidents of which are described in section 3, and
includes a sublease.
ii. Broadly defined under Section 3(5) of the Land Act as a form of tenure under which one
person, namely the landlord or lessor, grants or is deemed to have granted another person,
namely the tenant or lessee, exclusive possession of land usually but not necessarily for a
period defined, directly or indirectly, by reference to a specific date of commencement
and a specific date of ending; usually but not necessarily in return for a rent which may
be for a capital sum known as a premium or for both a rent and a premium but may be in
return for goods or services or both or may be free of any required return.
iii. A lease is a bilateral contract which as a general rule confers an estate in the land capable
of binding third parties. The contract is one for the exclusive possession and profit of land
for some determinate period.

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 3. Classification of leases

May be broadly classified into fixed term and period leases.

i. Fixed term leases

Fixed term lease is one whose duration is fixed by the parties at the onset so that once the
term expires, the lease comes to an end.

ii. Periodic leases

 A periodic lease is one which continuously renews from one term to another until
terminated by proper notice served by either party.
 Periodic leases may run on a weekly, fortnightly, monthly, quarterly or yearly basis. The
type depends on the agreement of the parties. In the absence of express agreement, the
mode by which rent is paid determines the nature of the tenancy. Thus where rent is paid
say on a yearly basis, it is implied that the parties intended to create a yearly lease.

See Prudential Assurance Co. Ltd v London Residuary [1992/3 ALLER 504]

Strip of land was let to tenant in 1930 on terms that it would continue until land was required by
landlord for road widening. Land was never required for road widening. Nevertheless, notice to
quit was served on the tenant. HELD; A grant for an uncertain period did not create a lease since
it was beyond the powers of the landlord and his tenant to create a term of uncertain duration.
However, because the tenant had paid yearly rent overtime, he had become a tenant from year to
year which could be determined with a six months’ notice.

There are other types of tenancies (that arise out of leases) that do not fall in the broad
categories above. These are;

i. Tenancy by will
 Implied when a landowner allows another person to enter possession as a tenant without
specification of the terms of the tenancy agreement. [Bweya Steel Works Ltd v National
Insurance Corporation [1985] HCB 85 ]
 Also implied where a person is allowed into possession while the parties negotiate the
terms of a lease (Meggary p.791)

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  Either party may terminate the tenancy at any time. If a tenant at will begins to pay rent
calculated on a regular period basis, then a period tenancy will be implied.
 The nature of periodic tenancy depends on the mode of rent payment. If say it is weekly,
then it becomes a weekly tenancy. In Bweya Steel above, it was held that a landlord has
a right to terminate a periodic tenancy upon giving a tenant proper notice. Notice to quit
is a unilateral act determining a tenancy without the consent of the opposite party and as
such must be strictly construed.
ii. Tenancy at sufferance

Implied where a former tenant remains in possession after the expiration of a fixed term without
the consent or without objection of the land owner. [Hassan v Mukiibi CA No. 103 of 1997]

Such a tenant differs from a trespasser in that his original entry was lawful, and from a tenant at
will in that his tenancy exists without the landlord’s consent. A tenancy at sufferance can arise
only by operation of law, and not by express grant, for it assumes an absence of agreement
between landlord and tenant.

Like a tenancy at will, a tenancy at sufferance is determinable at any time without notice.

PS. For both tenancies, they will become periodic tenancies once the tenant pays rent to the
landlord and the landlord accepts it on a regular basis. (Bweya Steel Works above)

4. Licenses and Leases Distinguished

 A licence is a permission to enter another’s land for some specific purpose which would
otherwise be trespass. Bare licence or licence supported by consideration
 Main distinguishing factor is that a license unlike a lease does not create an interest in the
land.

See Thomas v Sorrel (1963) Vaughan 330; 1240 ER 1098 at 1109

“A Licence properly passes no interest nor alters or transfers property in anything but only
makes an action lawful which without it, had been unlawful”

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  The legal consequences of this distinction is that a license unlike a lease binds only the
licensee and the licensor and not another person. Moreover as a licensee has no interest in
the land, he or she cannot sue in trespass or nuisance in relation to the land.

See Runda Coffee Estates Ltd v Ujagae Singh [1966] EA 564 – It is the essence of a license that
it is personal to the licensee and creates no interest which can be disposed by the licencee. It
creates nothing substantial which is assignable.

5. Essential features of a lease

At common law, a lease has 2 essential features. (1) Exclusive possession and (2) certain
duration.

i. Duration
 At common law, a lease can be of any duration, but it must have a certain or
ascertainable beginning and ending before it takes effect otherwise it is void as a lease.

See Lace v Chantler [1944] 1 ALLER 305 which is a classic application of the rule.

In this case, the Ps during World War 2 sublet a house to the defendant for the duration of the
war. It was held that the lease was void for uncertainty because at the time the purported lease
was entered into, it was neither certain nor ascertainable when the lease would end.

Also see Prudential Assurance Ltd above

[At common law, a landlord and tenant have no power to create a term which is uncertain]

 Under the Land Act. However, Section 3(5) of the LA seems to override this feature.
Under that section, the duration of a leasehold is usually but not necessarily defined by a
reference to a specific date of commencement and to a specific date of ending.

It is submitted per Mugambwa that the phrase “usually but not necessarily” indicates that the
parliament intended to dispense with the common law requirement that the beginning and ending
of a lease must be certain.

However, where the terms including stipulations as to duration are so uncertain that the court
cannot objectively determine the obligation of the parties, the agreement would be void in
accordance with the general law of contract. [Bweyi Steel Works above]

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 ii. Exclusive Possession
 Under Section 3(C) of the Land Act – defines a lease as a form of tenure which the
landlord grants or is deemed to grant the tenant exclusive possession of the land. This
exclusive possession is the linchpin of a lease and is what distinguishes it from a mere
license [Street v Mountford below]
 According to Meggary a person is in exclusive possession if they enjoy the rights of the
landowner.
 According to Mugambwa, a grant of exclusive possession is a right to use the land to the
exclusion of everyone else including the landowner for the duration of the grant.

[See Street v Mountford [1985]2 ALLER 289] – A lease is created so long as there is exclusive
possession regardless of stipulations to the contrary in a written contract.

“Unless special circumstances existed which negated the presumption of a tenancy, a tenancy
arose whenever there was a grant of exclusive possession for a fixed or period term at a stated
rent.”

 It was further stated that rent is not a feature of a lease but as a lease is a contract, there
must be consideration which can take some other form.
 Whether an occupier has exclusive possession depends on the intention of the parties
objectively determined from all the terms of the agreement and the surrounding
circumstances.
 An express statement purporting to grant exclusive possession is neither necessary nor
conclusive of the occupier’s legal status. [Appah v Parnecliffe Investments [1964]
1WLR 1064]
 The extent of control over the land retained by the landowner determines whether the
occupier has exclusive possession [Desai v Cooper (1980) KLR 32]
 Also note that exclusive possession at common law was absolute. Under Section 103 (a)
of the RTA, the lessor with his agents is once every year during the term and at a
reasonable time of the day enter upon the leased property and view the state of repair of
the property.

PS. There’s debate on whether grant of exclusive possession is conclusive or prim a facie
evidence that the grantee is a lessee. According to some authorities, unless the parties intend to

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create a lease, a grant of exclusive possession though strong evidence of a lease does not
necessarily mean that it is one.

In contrast, some others opine that the grant of exclusive possession for a term is conclusive
evidence of a lease irrespective of the subject matter of the parties [Street v Mountford above]

See also often cited Australian decision of Windeyer J in Radaich v Smith (1959) 101 CLR 209
where he categorically stated that exclusive possession was the litmus test for a lease. He
dismissed the authorities that held that a person with exclusive possession can be a license.

He stated;

‘To say that a man who has by agreement with a landlord a right of exclusive possession of land
for a term is not a tenant is simply to contradict the first proposition by the second.”

This decision was endorsed in Street v Mountford. In the later decision however, Templeman
LJ conceded that theee are circumstances where a person with exclusive possession could be a
licensee. These circumstances include;

a) Occupancy by a service occupier. A service occupier is an employee who occupies his or

her employer’s premises in order to perform his or her duties [Smith v Seghill Overseas
(1875) 10 QB 422 ]
b) Family arrangements where the parties have no intention to contract
c) Owner of the land had no power to grant a tenancy.

Mugambwa discusses that whether grant of exclusive possession is conclusive evidence of grant
of lease is yet to be explored in Uganda. However, this being a contract, where exclusive
possession is granted without intention to enter into a contract, neither party will be bound by
such an arrangement.

6. Creation of a lease

Section 3(5) (a) of the Land Act – created either by contract or by operation of the law.

a) Contract

No requirement that such agreement is in writing. May be oral or in writing. It may also be
inferred from conduct of parties. By virtue of it being a contract, it is governed by the Contracts

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Act, 2010. Section 10 of the same requirements that contracts whose subject matter is above
UGX 500,000 must be in writing. Therefore a lease that is not in excess of 3 years must be in
writing if its subject matter is above that amount. Also see Section 10(3) on what amounts to a
written contract.

See Jama Noor Ishakiya v Hassanali Ahmed Jusub [1965]1 EA 241

P and D entered into a written landlord-tenant agreement in so far as letting was concerned and a
subsequent oral agreement in regards the rent to be paid. Whether the agreement was valid?

Faud J held that an agreement for lease need not by law be in writing.

However, in order to comprise of a legal estate, the lease must be created by deed subjected to an
important exception where it does not exceed 3 years – See Section 101 of the RTA

b) Tenancy by estoppel

Well established principle of common law to the effect that where a person enters onto land as a
tenant of another, both parties are estopped from denying that a lease exists. It is important that
there must be sufficient evidence of the parties’ conduct from which it could be established that
the parties recognise each other as landlord and tenant.

The effect of tenancy by estoppel is that none of the parties can set up lack of title in another as
defence in an action for breach of covenant or for rent due.

Eg in Pardhan Jivraj v Dudley-Whelpadale. It was held that payment and acceptance of rent
provided the requisite evidence that the P and D regarded each other as tenant and landlord. In
this case, the defendant was in possession under a lease which was not registered as required by
Registration of titles Ordinance, 1990. Under the Ordinance, unregistered titles were
inadmissible in evidence. That notwithstanding, it was held that as between the parties, the D
was estopped from pleading that the lease was defective.

7. Registration of a Lease
 Leases over land registered under RTA are created subject to the provisions of the Act.
 Section 101 and 109 of the RTA respectively provide that a proprietor willing to lease
or sub-lease his or her land for a term in excess of 3 years should execute prescribed form
in the 8th Schedule to the Act.

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  A lease or sub lease exceeds three years not only where an agreement specifies a fixed
period in excess of 3 years but also where a shorter term is granted with a perpetual
option to renew.

See [Popaltlal Hirji v L.H Lakhai & Co (EA) Ltd [1960] EA 437]

A sublease for 1 year which was renewable annually at the option of the tenant was a lease in
excess of 3 years and therefore subject to the statutory form.

 Under Section 54 of the RTA, until such a lease is registered pursuant to the provisions
of the Act, it is not ineffective to create an estate in the land. But upon registration, the
lease is created and the land becomes subject to the covenants of the lease.

See Souza Figueiredo & Co. Ltd v George Panagopaulos Co Ltd [1959] EA 759 that states that
a lease until registered does not confer any legal title or pass interest.

8. Unregistered leases
a. At Common law.

A purported lease that did not comply with the formalities merely operated as a contract where
by the parties (purported lessor and lessee) took possession and granted land subject to the terms
of the agreement.

b. In equity.

Failure to follow legal formalities to create a lease does not necessarily render the lease void.
This is because equity treats as done what ought to be done. Such leases are “equitable leases.”

Famously held in Walsh v Lonsdale (1882) 21 ChD

Here, A and R entered into a written lease agreement for a term of 7 years but did not register it
as required by law. HELD. That the agreement was ineffective to create a legal lease but it was
effective to bring into existence an equitable lease for a term of 7 years.

c. Under the RTA

The application of the foregoing principles under the RTA were considered in Souza Figueiredo
& Co. Ltd v Moorings Hotel Ltd [1960] EA 926

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Here, there was an unregistered lease for a period in excess of 3 years. Appellants in action for
rent contended that it was not liable as instrument was unregistered. Sir Kenneth O’Connor, P
held that;

 Section 54 does not render unregistered instruments ineffectual in contracts law as

between parties. Basically such a contract can operate as a contract. This does not
override the provision but acts in conformity with them.
 Further held that moreover at common law, entry into possession under an unregistered
lease for more than 3 years creates a tenancy at will for which rent can be reserved.
Hence whether the term to pay rent was regarded as a contractual stipulation in a
document in a document for which specific performance could be obtained or as a term in
common law tenancy at will, it was enforceable.
 Agreed that unregistered leases operate as a contract between the parties but disagreed
that it creates an equitable lease. Based on Section 54 to hold that because of it, an
intending lessee cannot derive any estate whether legal or equitable from an unregistered
instrument.
 The legal implication then is that until a lease is registered, there’s no relationship of
landlord and tenant between the proprietor and intending lessee. Therefore, neither party
would be entitled to statutory nor common law remedies which arise by virtue of the
relationship of the landlord and the tenant.
9. Termination of a Lease
(See more on termination and the relevant documents under Learning Outcome 5)
Leases may be terminated by forfeiture, effluxion of time, notice, surrender and merger. All
factors constant, a fixed term lease expires by effluxion of time.
i. Effluxion of time [General Rule for Fixed term leases]
 At common law, a lease for a fixed term automatically terminates when the period
expires. There is no requirement for either party to serve notice of termination unless
their lease agreement expressly says so. This is emphasized in City Council of Kampala
v Mukubira and Anor, [1968] EA 497
 If tenant/lessee remains in possession after the lease has expired by effluxion but without
the consent or dissent of the landlord, he/she becomes a tenant at sufferance [Singh v
Godley (1942) 20 KLR 57.]

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  If tenant remains in possession with the consent of the landlord, a tenancy at will is
implied [Noor Hassan v Mukiibi (1978) HCB 162]
 Both a tenancy at will and a tenancy at sufferance convert to periodic leases once the
tenant pays rent and the landlord accepts it on a regular basis. [Per Odoki J in Bweya
Steel Works Ltd v National Insurance Corporation above]
 A tenant who remains in possession without consent of the landlord after expiration of
the lease is liable for eviction costs and for mesne profits. [Rukandema-Kamuru v
Kabale Town Council CA No. MKA 10 of 1985]
ii. Notice to quit.
 According to the decision in Clifton Securities v Huntley [1948] 2 All ER 283, a lease
for a fixed period cannot be terminated by notice by either party unless the right to
terminate is expressly reserved in the lease or in the event of breach of a term, which
entitles either party to terminate the lease. Periodic leases are on the other hand and by
nature terminable by either party giving appropriate notice.
 In the absence of any express agreement between the parties, a weekly tenancy is
terminable by one week’s notice, a monthly tenancy by 1 months’ notice and a quarterly
tenancy by 3 months’ notice. [Bweya Steel Works above]
 Again, subject to the agreement of the parties, a notice to terminate need not take any
form. An oral one is as efficient as a written one. However, whatever form it takes, it
must be reasonably clear to the person to whom it is given that the lease is terminated.
 If notice is ambiguous, it is ineffective.
 An action cannot be brought on the basis of a defective notice. If a landlord purports to
re-enter following such a notice, he or she will be held liable for damages in breach of
contract and the covenant of quiet enjoyment.
See Rukandema-Kamuru v Kabale Town Council [1972] EA 94. Here, court awarded general
damages against a landlord who evicted a yearly tenant after serving him with only one month
termination notice.

iii. Surrender
According to the decision in Bweya Steel Works Ltd v National Insurance Corporation H.C.
Civil Suit No. 0063 of 1985, surrender occurs where, before the expiration of the lease, the lessee

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gives up possession of the land to the lessor. Once the lessor accepts possession the lease merges
with the reversion and is thereby terminated.
Surrender may be by express agreement, of the parties, operation of law or statutory provision.
See for instance Section 108 RTA provides that Lease may be surrendered by endorsement.
 By operation of the law
- Can occur where lessor grants and lessee accepts a fresh lease commencing before lease
expires. [Manyindo DCJ, Stephen Kalani v Satwant Kaus CA No. 22 0f 2995]
- Tenant abandons the premises and the landlord re-enters
If registered under the RTA, surrender is effected following procedure stipulated under Sections
108 and 54.

iv. Merger
Opposite of surrender. Occurs where lessee acquires the reversionary interest from the lessor and
both interests are hold in the same capacity. The lease merges with the reversion and so the lease
is terminated. For merger to be effective, the lease and the reversion must be vested in the same
person in the same right with no vested estate intervening. If he holds the lease and reversion in
different capacities there is no merger.
Merger unlike surrender cannot occur by operation of the law. This is because it requires parties
to show a clear evidence of the intention to merge interests.
v. Forfeiture
 The landlord may become entitled to re-take the premises, and so prematurely put an end
to the lease. This entitlement must arise under the terms of the lease; its most common
manifestation is where a right is expressly reserved to the landlord to terminate the lease
following a breach of covenant or condition by the tenant. This is forfeiture.
 Forfeiture/ re-entry is the termination of a lease by the lessor before the term expires. At
common law, in the absence of an express provision for forfeiture, only breach of a
condition entitles the landlord to enforce forfeiture of a lease.
 Under the RTA, where a lease is registered under it, Section 103(b) implies in the lessor
the power of re-entry after the breach of any covenant expressed in the lease has
continued for thirty days. Section 112 extends the same to sub-leases. This implied
power of re-entry can be modified or excluded by express agreement of the parties.

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 Moreover, the lessor may waive his right of forfeiture. Unless the agreement expressly
states so, there is no legal requirement for the landlord to serve notice of forfeiture prior
to re-entry.
How is re-entry effected?
According to the case of Ignatius William Kajubi & Anor v Canan Wanyama HCCA No. 26
of 2002, a landlord’s right to forfeit a lease (i.e., enforce a forfeiture of it) may arise under three
heads;
(i) It may arise under a forfeiture clause.
(ii) By breach of condition
(iii) By denial of title.
As opposed to a breach of a condition, the landlord has no right to forfeit a lease for breach of a
covenant unless the lease has an express provision for forfeiture for breach. Court further stated
that one of normal methods for enforcing forfeiture is by issuing a writ for possession. Such writ
must contain an unequivocal demand for possession so that the mere service of the writ operates
to determine the lease.
 Therefore once the right accrues, the landlord is entitled to enforce it without recourse to
courts. The landlord effects a re-entry by physically entering the premises with the
intention of determining the tenancy. Forfeiture cannot be determined by written notice
unaccompanied by actual physical re-entry [Uganda Moors Ltd v Wavah Holdings Ltd
CA No. 19 of 1991]
 Where the tenant refuses to vacate the premises peacefully, it is advisable for the lessor to
seek a judicial order for re-entry subjection to Section 25 of the Judicature Act rather
than for him/her to re-enter forcefully. However where necessary, reasonable force may
be used to eject the tenant. Provided that no more than reasonable force is used the
landlord cannot be liable for civil or criminal assault.
 The law treats the commencement of proceedings for recovery of the premises as an
irrevocable and irretrievable election by the lessor to determine the lease. While the suit
is pending, as between the parties, the lease is irretrievably revoked. [Eastern Radio
Service and another v R J. Patel [l962] EA 818]

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  Under Section of the RTA, the lessor may apply to register to register the re-entry. Upon
proof of satisfactory re-entry, the registrar may make the appropriate entry in the register
book [Kassaja v Registrar of Titles MA No. 52 of 1993]
 Where the registrar refuses to make the appropriate changes in the register book, one can
apply to court for an order of mandamus. [Naluswa v Luswabi M.C No. 5 of 1974]
 This refusal for as long as it exists does not have the effect of keeping the lease
subsisting. The lease is terminated by the lessor’s re-entry, for all intents and purposes as
between the lessor and lessee and although the law has not recognised the re-entry
[Lugogo Coffee v Singo below]. Whether the re-entry is re-registered or not, as between
the parties, the lease is terminated for all intents and purposes [Lugogo Coffee v Singo
Combined Coffee Growers [1976] HCB 96.] It was held therein that as between the
lessee and lessor, the lease is determined by the lessor’s lawful entry but until the proper
entry is made in the register, the lessee can confer good title on a person who becomes
duly registered without the notice of the lessor’s re-entry.
Waiver of the right to enforce forfeiture
 Where a breach occurs which entitles the lessor to re-enter, the lessor may at his or her
option decide not to enforce forfeiture of the lease. This waiver may be express or
implied from the lessor’s conduct.
In Diwan Singh Kalsi v The Commissioner of Lands [1958] EA 367, it was held that a waiver
of a right of re-entry can only occur where the lessor, with knowledge of the facts upon which
his right to re-enter arises, does some unequivocal act recognizing the continued existence of the
lease.

Relief from forfeiture

 Forfeiture of a lease may entail loss to the lessee of a substantial proprietary interest in
land. The court of equity always regarded the proviso for re-entry for non-payment of
rent as merely security for rent. Accordingly, if a lease was terminated for non-payment
of rent, the court, at its discretion, granted the tenant the tenant relief from forfeiture
provided he or she was ready and willing to pay the outstanding rent and all the relevant
expenses incurred by the lessor [Camas Property Co. Ltd v Television Services Ltd
[1970]2 QB 433]

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 This equitable power to grant a relief from forfeiture is enacted under Section 25(4) of
the Judicature Act. This provision reads that the High Court may, after judgment in any
action for a right of reentry or forfeiture, grant relief from forfeiture on application made
in that behalf within six months from the date of the execution of judgment by the lessee,
his or her executor, administrator or assign on such terms and conditions as to payment of
rent and costs or otherwise as it may impose. Thus application may be made either in the
lessor’s action for ejectment or by his or her own action. The power of the courts to grant
relief from forfeiture is extensive, but can only be exercised where the breach is for non-
payment of rent.
 However, except in exceptional circumstances, the courts almost as a matter of course
grants relief from forfeiture of a lease for non-payment of rent if the lessee pays into
court all arrears and expenses incurred by the lessor. Such circumstances include where
the lessor has already leased or sold the land to an innocent third party. See for example
Kiwamuka-Musisi v Seggane [1973] EA 561 where the court declined to grant the lessee
relief from forfeiture because by the time he applied for relief, the lessor had let the
premises to another tenant. The court reasoned that granting the lessee relief from
forfeiture in the circumstances would inflict injustice upon the lessor and his new tenant.
 Mode of Procedure is by Notice of Motion + Affidavit in Support.
 Where the landowner has sued by virtue of Section 25 of the Judicature Act, Written
Statement of Defence + Counterclaim

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Learning Outcome 2: Identify and obtain the remedies available to aggrieved parties in the
event of breach of terms of a lease and a tenancy agreement.

PART I: Leases and Tenancies Distinguished

Lease – defined under S.1 (s) and S. 3(5) of the Land Act

- Between lessor and lessee.

- The lessor is generally entering into a contract with the lessee to use an asset/property for
a long period.
- The lease agreement is required to be registered. (Section 36 of RTA), S. 101, 109 of
RTA read together with 8th Schedule of the Act.
- Lessee has exclusive possession of the premises - S. 3 (c) Land Act.
- Leases can be sub-leased by the lessee. The lessor usually hands over most of the rights
over the property and much of his control to the lessee, who then can use the premises as
he wishes.
- The leasing contact is usually for protracted years, up to 99yrs.
- Consideration is in terms of a premium.
- Responsibility for maintenance of the property lies on the lessee.
- Once the lease agreement is signed, there is no changing the terms for a fixed term. The
terms and conditions are usually predetermined, and the contract is made by mutual
acceptance.
- Offer for purchase of the property is possible.

Tenancy

- A contract between the landlord and tenant for a certain period.

- The tenancy agreement is signed for a short time, emphasizing every month.
- The tenancy agreement is not required to be registered.
- It is unusual to sub-let premises under tenancy agreements. This is usually because the
landlord maintains most of the rights and control over the property.
- The asset/property maintenance lies on the landlord.
- Consideration is in terms of rent.

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 - The landlord can change the agreement anytime he/she chooses.
- There is no possibility of offer to purchase premises at expiry of term.

PART II: Remedies available for breach of lease and tenancy agreements

The terms of a lease maybe expressed as conditions or covenants. A condition has been
described in Lugogo coffee Co. (u) ltd vs Singo Combined Coffee Growers ltd [1976] HCB 187
as a term which is the essence of the and its breach entitles the innocent party to terminate the
lease.

Whereas Meggary and wade in the law of real property at pg. 670-671 defines a covenant as a
term of the lease whose breach does not warrant the innocent party terminating the lease unless
the agreement expressly gives the right.

Tenant remedies

Where a landlord is in breach of the term of a lease agreement, the tenant may seek any
appropriate remedies under the general law of contract or tort. These include damages or an
injunction to prevent future breaches of the terms.

A tenant may terminate a lease where the agreement expressly provides for the right in case of
breach of a covenant however in the absence of such provision, the tenant cannot terminate the
agreement unless the breach is fundamental or a repudiation of the agreement. According to

Mugambwa at pg1 104, the test for repudiation is whether a reasonable tenant can infer from
the landlords conduct intention to no longer be bound by the lease agreement.

Landlord remedies

a) Right to re-entry into the building

Mugambwa at pg. 106 describes it as the termination of a lease by the lessor before the term
expires. In absence of a provision in the agreement, only breach of a condition entitles the
landlord to enforce forfeiture. The implied powers of re-entry can be modified or excluded
expressly by the agreement between the parties.

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There is no legislation in Uganda governing how and when the power of re-entry can be
exercised. Accordingly, unless the party’s agreement expressly says so, there is no legal
requirement for the agreement to serve legal notice of forfeiture prior to re-entry (Mugambwa

pg.106).

Section 103(b) of the RTA is to the effect that where there is nonpayment of rent or non-
observance of the covenants in the agreement continuing for a space of 30 days , the lessor or his
transferees may re-enter and take possession of the leased property.

The landlord effects a re-entry by physically entering the premises with the intention of
determining the entrance. In the case of Erukana Kuwe vs Vasrambhai Damji Vader -civil

Appeal no. 2 of 2002, court stated the actions of sub-letting the land it to a total stranger not
being the lessee’s, amounts to a lawful re-entry of the suit property. Even though the lessor does
not take physical possession of the property, by putting a tenant in possession he took
constructive possession.

Section 114 of the RTA stipulates upon successful re-entry the lessor has to apply to the
registrar to register the re-entry in the Registrar book and remove the lease as an encumbrance
from the certificate. Where a registrar of titles declines to note re-entry and advises that the
dispute be resolved by county action, the lease does not remain subsisting between the lessor and
the lessee. It is terminated not withstanding a refusal by the registrar of titles to note the re-entry.
(Lugogo Coffee Co. (u) ltd vs Singo Combined Coffee Growers ltd [1976] HCB 187)

In Lugogo coffee co. (u) ltd vs Singo Combined Growers (supra) it was stated that where the
tenant refuses to vacate the leased premises it is advisable for the lessor to seek a judicial re-
entry rather than forcefully ejecting him/her. The law treats the commencement of proceedings
for recovery of the premises as an irretrievable and irrevocable election by the lessor to
determine the lease.

The filing of a writ is equivalent to re-entry, the writ must unequivocally demand possession, if
the demand for possession is equivocal i.e. accompanied by alternative remedies which are
consistent with the continuation of the lease, it does not determine the lease in Moore vs

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Ullcoats Mining Co. ltd. it was held that the writ was equivocal since the alternative remedy
could only be granted if the lease continued in existence, this is contrasted with Eastern radio
services vs R J Patel where it was held inclusion of a claim for outstanding rent up to the date of
the suit does not render the claim for repossession equivocal.

Where a lessor files a suit for possession, he/ she has to prove the breach relied upon.

Nevertheless, while the suit is pending the lease is irretrievably revoked and as a consequence
the parties are discharged from the covenants under the agreement. (City council of Kampala v

mukabira and anor [1968] EA 1040.)

Under section 106 of the RTA where has successfully recovered possession, upon proof the
registrar may make entry of recovery of possession in the Register book and the term of the lease
shall upon the entry determine.

The tenant has a remedy for relief from forfeiture of non-payment of rent under section 25 of the

Judicature act. The lessee’s application for this relief may be made either in the lessor’s action
for ejectment as a counterclaim. Or in his own action.

Where the court has already made an order for ejectment the application is brought under section

25(4) JA. The application must be brought within 6 months after the date of judgement. In

Gomba Marines & contractors (ltd) vs Kiwana Misc. Application 131B/93, it was held that
an application for relief for forfeiture brought under section 24 (4) JA (now 27(4)) where there
was no judgement was misconceived.

In conclusion there are a number remedies available to aggrieved parties in the event of breach of
terms in a lease agreement, tenancy agreement or licence.

(Francis Butagira v Deborah Namukasa (1992) KaLR 767). It is trite law that the proviso for
re-entry on non-payment of rent is regarded in equity as merely a security for rent.

b) Mesne profits under Order 36

These are profits of an estate received by a tenant in wrongful possession between the two
dates. It is a mode of compensation facilitating remedy to the aggrieved party refraining the

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 wrongful possessor from enjoying profits derived from such property. (Busiro Coffee
Farmers v Tom Kayongo above)

c) Eviction without notice

A tenant who remains in possession of the land after the expiry of the tenancy without the
consent of the landlord is not entitled to notice to leave the premises, but it is prudent to give
them reasonable notice. (Christopher Ssebuliba v Ag SCCA No. 13 of 1991).

d) Right to distress for rent.

Only applicable where there subsists a relationship of landlord-tenant between the parties,
not withstanding that the former is still in possession.

See Souza Figueiredo & Co Ltd v George and Ors (1959) EA 756. Held that for a landlord
to exercise levy for distress for rent, a landlord/tenant relationship must subsist between the
two.

This is a self help remedy by which the landlord may enter the leased premises if rent is in
arrears. (Musuma v Haji Kasaka (1971) 1 ULR 222)

e) An action of rent arrears and claim for damages.

The landlord may bring the usual action for breach of covenant and other remedies under the law
of contract. In the case of National and Grindley’s Bank (k) ltd vs P.T Puneter [1965] EA

648 where the tenant breached the covenant to keep in good order and condition, court held that
the landlord was entitled to damages equal to the amount of money by which the premises had
depreciated.

Where the breach is for non-payment of rent the land-lord may sue to recover the outstanding
rent.

Clause 30 of the Landlord and Tenant Bill deals with the failure of a tenant to pay rent and
provides that where a tenant defaults in paying rent and is in arrears, the landlord may apply to
court to recover the rent owed, including the reasonable costs incurred to recover the rent.

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Learning Outcome 3: Draft a lease deed, deed of surrender of a lease, deed of variation of a
lease and a tenancy agreement.

A. LEASE DEED (please refer to Section 101 RTA and the sample set out under the Eighth
Schedule of the RTA)

THE REPUBLIC OF UGANDA

IN THE MATTER OF THE REGISTRATION OF TITLES ACT (CAP. 230)

LEASE AGREEMENT

THIS LEASE AGREEMENT is made this ……… day of ……………………2022

BETWEEN

JANE MBEI of P.O. Box 1142 Kampala (Hereinafter referred to as “the LESSOR” which
expression shall where the context so admits include their successors and assignees in title) on
the one part;

AND

SUNNY ESTATES LIMITED herein represented by JOHN SOREN (Hereinafter referred to as

“the LESSEE” which expression shall where the context so admits include their successors and
assignees in title) on the other part;

WHEREAS:

1. The lessor is the holder of a certificate of title of ownership of mailo land located at
Block 237 Plot 294 Kyadondo, Mutungo measuring 10 acres,
2. The lessor hereby demises unto the lessee all that piece of land described here in above.

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY MUTUALLY AGREED

as hereunder;

IN CONSIDERATION for the sum of UGX. UGX 30,000,000/= (Uganda shillings thirty
million) paid to the LESSOR by the LESSEE upon entering possession of the land, and in any
case not later than the …….. the day of …………. 20…. (the receipt whereof the LESSOR doth

21
hereby acknowledge) and conditions hereinafter contained on the part of the LESSEE to be
observed and performed, the LESSOR HEREBY LEASES UNTO THE LESSEE all that
parcel of land comprised in an area measuring approximately 25 decimals with four blocks of old
dilapidated structures. (See plan annexed hereto and edged in red together with all the fixtures
erected or to be erected thereon)

TO HOLD the same unto the LESSEE for a term of 99 years (hereinafter referred to as the
initial term) commencing on the ……. day of …………, 20……. Therefore, during the said
term, a nominal yearly rent of UGX 4,000,000/= (Uganda shilling four million) Payable in
advance on the ……… of…………. in every year. Upon expiration of the term the lease shall
determine. The yearly payment shall be subject to revision upward every 5years in an amount not
exceeding 20% (twenty percent).

THE LESSEE HEREBY COVENANTS WITH THE LESSOR as follows:

1. To observe and perform all the conditions and covenants implied by law in this lease or
otherwise herein contained or referred to,
2. To pay the LESSOR the rent herein reserved in the manner herein specified.
3. To use the demised premises for the purpose of establishing for purpose of real estate
business
4. The lessee will at its own expense, in all things and under the inspection and control of its
qualified technical personnel develop the demised plot to suit its desired use(s) in
compliance with all the relevant municipal, town planning and other relevant laws.
5. The LESSEE shall install any equipment, machinery or other facilities and make any
changes to the premises as it shall deem fit without first having to obtain the LESSOR’S
consent.
6. To keep insured the demised premises to the full value thereof in a reasonable insurance
office against loss or damage or fire.
7. Not at any time during the said term to use, exercise or carry on or permit or suffer to be
used, exercised or carried on in or upon the said land or buildings or any part thereof any
noxious, noisome, or offensive art, trade, business, occupation or calling or to allow any
matter or thing whatsoever to be done at any time during the said term in or upon the said

22
 land or building which shall or may be or grow to the annoyance, nuisance, grievance,
damage, or disturbance of the occupiers or owners of the adjoining lands and properties.
8. To pay all future taxes such as ground rent, property rates and any other outgoings in
respect of the land herein leased.
9. To bear all costs, charges, taxes and expenses for the registration of this lease and all
legal costs for preparing the same.

THE LESSOR HEREBY COVENANTS WITH THE LESSEE as follows:

1. At all times during the continuance of the term hereby created to permit the LESSEE to
make such alterations and additions to any of the buildings or other structures erected on
the demised premises as per this Lease Agreement.
2. That the demised land is and shall be free of any encumbrances of whatever nature legal
or equitable that may adversely affect the LESSEE’S interest.
3. Agrees that the Lessee shall not transfer, sell or sublet or part with possession of or suffer
anyone to use or confer on anyone an equitable interest in or in any way mortgage the
said land or buildings or any part thereof without having first obtained the consent of the
LESSOR.
4. That the LESSEE paying the rent hereby reserved and performing the covenants and
conditions herein-before contained and on the part of the LESSEE to be observed and
performed shall quietly possess and enjoy the demised premises during the term hereby
granted (including an extension of the term in the said event as stipulated) without any
interruption by the LESSOR or any person claiming under or in trust for him.
5. To register this Lease as an encumbrance on the certificate of title pertaining to the
premises and to do everything necessary to enable the LESSEE obtain a valid leasehold
title.
6. That the LESSOR shall not revise or demand for any more premium or consideration
apart from what is provided herein.
7. To hand over vacant possession of the premises on execution hereof
8. In the event that it shall become lawful and permissible under the laws of the Republic of
Uganda for the LESSEE to hold the mailo estate in the demised land, the LESSOR or his
legal representatives, assignees or successors in title shall execute a transfer of the mailo

23
 estate to the LESSEE for a nominal consideration of UGX…………/= (Amount in
words) and for the avoidance of doubt it is agreed that the LESSEE or its successors in
title, representatives, assigns or nominees shall have the exclusive right to purchase and
transfer the mailo estate in the demised land from the LESSOR into their own name(s).
9. To pay all outstanding rates/ ground rents due and owing to any authority in respect of
the premises prior to execution hereof whereupon responsibility thereafter shall become
the LESSEE’S while the lease subsists.
10. In the event that the LESSOR fails to hand over vacant possession of the demised land or
in case the lease agreement is set aside for want of authority to lease on the part of the
LESSOR, then the LESSOR shall refund the sums so far paid by the LESSEE with
interest at the prevailing commercial bank rate as well as all other incidental expenses
incurred by the LESSEE.
11. That the LESSOR shall not seek to terminate this lease for any reason whatsoever and
undertakes that the LESSEE shall have the first option of renewal upon expiry of the term
created herein.

IT IS FURTHER AGREED AND DECLARED as follows:

1. That during the subsistence of this Agreement, the LESSOR shall not engage in any
activities prejudicial to the business or occupation of the LESSEE particularly not to part,
transfer or lease the above parcel to any person or entity without the consent of the
LESSEE.
2. At the completion of the lease term, the LESSEE shall have the first option to renew
upon such further terms as the parties shall agree upon at the time.
3. If and whenever any difference shall arise between the LESSOR and the LESSEE
relating to the construction of any of the articles herein contained or any act or anything
made or done or omitted in regard to the rights and liabilities arising hereunder or arising
out of the relationship existing between the LESSOR and the LESSEE by reason of these
presents, such difference shall forthwith be referred to arbitration in accordance with the
Arbitration and Conciliation Act Cap. 4 or such other law in force regarding arbitration in
Uganda at the time before recourse can be made to court.

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 4. The terms of this agreement are intended by both PARTIES as a final expression of their
agreement. This agreement supersedes any prior written or oral agreement between the
PARTIES and shall not be contradicted by any evidence precedent to its execution
PROVIDED that any PARTY wishing to amend this agreement shall do so with the
consent of the other PARTY and any amendment agreed upon shall be in writing and
deemed an integral part of this agreement.
5. The ineffectiveness, invalidity or unenforceability of any provision of this agreement
shall not affect other valid provisions thereof which shall remain in full force and effect.
6. This agreement shall be governed by the Laws of the Republic of Uganda.

IN WITNESS WHEREOF the parties hereto set hereunder their respective hand(s) / seal(s) on
the date and year first above written

Dated this ……………… day of ………………. in the 2022

………………………… ……………………………

JANE MBEI (LESSOR) JOHN SOREN (LESSEE)

WITNESS

WITNESS FOR LESSOR WITNESS FOR LESSEE

NAME: ……………... NAME: …………………..

SIGN: …………………… SIGN: ……………………

ADDRESS: ………………… ADDRESS: ………………

CONTRACT: ……………… CONTRACT: ……………

DATE: ………………….. DATE: ……………………

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 B. DEED OF SURRENDER OF A LEASE

THE REPUBLIC OF UGANDA

IN THE MATTER OF THE REGISTRATION OF TITLES ACT CAP 230
AND
IN THE MATTER OF A LEASE REGISTERED OVER LAND COMPRISED IN
MUSAMYA BLOCK 55, FRV MKO 1788 FOLIO 10 PLOT 20 BUIKWE DISTRICT.

DEED OF SURRENDER OF A LEASE

To: The Registrar of Titles

Buikwe

TAKE NOTICE THAT WE Simon Kaggwa and Mark Jergens; the directors of M/s Marksim
Herbals LTD which company is the lessee and proprietor of a subsisting lease for 100 years
running from 1st day of March, 2022 over the property known and described as MUSAMYA
BLOCK 55, FRV MKO 1788 FOLIO 10 PLOT 20 BUIKWE DISTRICT do surrender all
interest in the above mentioned lease and any and all interest in the above mentioned property
back to ALLAN KASUJJA and NANTONGA FELISTY of P.O Box 1 KYAMBOGO the lessor
and registered proprietors of the lease hold land interest relating to the property herein stated at
the consideration of One Billion shillings.

Dated and signed as a deed at Kampala this 9th day of April 2022

SIGNED by the said

Name; SIMON KAGGWA Name; MARK JERGENS

Signature; Simon Signature; Jergens
Title; Director Title; Director

I ALLAN KASUJJA do hereby consent to and approve the said surrender in the terms as
proposed.
Signed by the said …………………………………………………………………..

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I NANTONGA FELISTY do hereby consent to and approve the said surrender in the terms as
proposed.

Signed by the said …………………………………………………………………..

In the presence of
…………………………………………………………………
ADVOCATE
Drawn and filed by;

FIRM X ADVOCATES

P.O.BOX 7117, KAMPALA

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 C. VARIATION OF LEASE DEED

THE REPUBLIC OF UGANDA

THE REGISTRATION OF TITLES ACT CAP 230

THE CONTRACTS ACT

VARIATION OF LEASE DEED

THIS VARIATION OF LEASE is made this 10th day of April 2022

BETWEEN

KAMPALA DISTRICT LAND BOARD herein after referred to as the “LESSOR” and having
their address as Kampala District Land Board PO.BOX …. Kampala.

AND

YELLOW TELECOM LIMITED herein after referred to as the “LESSEE” and having their
address as P.O.BOX 7521 Kampala.

WHEREAS

THE LESSOR, on the 11th day of September 2008, leased land situate at Plot 6A Nakawa
Division Block Church Road, Mbuya, Kampala to the LESSEE for a period of 49 years running
from the 1st day of September 2008 which lease was registered under Instrument Number
00075318.

AND the same lease was transferred to the LESSEE and registered under Instrument Number
…... on …… 2021.

THE PARTIES have agreed to change the terms of the lease from the date of execution of this
agreement in consideration of the conditions and covenants hereafter set.

NOW THIS VARIATION OF DEED WITNESSETH AS FOLLOWS:

1. That the lease registered on the 1st of September 2008 for purposes of residential buildings is
hereby varied to the purpose of constructing a restaurant and guest house

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IN WITNESS WHEREOF THE PARTIES HERETO have affixed their respective
signatures.

…………………………………………..

Signed by the said (secretary and chairperson)

Kampala District Land Board

In the presence of …………………...

Yellow Telecom limited ………………………

In the Presence of ……………………………

Drawn and filed by

FIRM X Advocates
P.O.BOX 111
LIRA

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 D. TENANCY AGREEMENT

THE REPUBLIC OF UGANDA

THE REGISTRATION OF TITLES ACT CAP 230
THE CONTRACTS ACT 2010

TENANCY AGREEMENT

THIS TENANCY AGREEMENT is made this ____ day of __________________of 20__

between

ACACIA APARTMENTS LTD. of P.O. Box 7735, KAMPALA, herein after referred to as
“The Landlord” (which expression where the context so admits include his assignees and
successors in title) of the first part and Firm X Advocates of P.O.Box 1 Barapwo, herein after
referred to as “The Tenant” which expression where the context so admits includes their
assignees and successors in title) on the other part.

WHEREAS:

1. The Landlord is the registered and lawful proprietor of the property comprised in LRV
No.728 Folio No.9 Plot No. 4A, Acacia Avenue, Kampala, and all of the developments,
fixtures and fittings thereon (herein after referred to as “The Premises”); and comprising
7X2 Bedroom Apartments, Nos.A1, A2, A3, B1, B2, B3, and B5; 2X1 bedroom
apartments, Nos. A4 and B4; and 4X3 bedroom houses Nos. H1, H2, H3 and H4.

2. The Landlord is desirous of letting Apartment __ (__ Bedroom) of the Premises to the
Tenant and the Tenant is desirous of renting the same from the Landlord to use as a
residential dwelling house upon the terms and conditions herein contained.

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

3. The Landlord hereby lets to the Tenant and the Tenant hereby rents the premises to hold
the same unto the Tenant for a term of ONE/TWO YEARS commencing on the ___ day
of________ 20__paying a monthly rent of U.S.$ __________, net of any taxes that may
be chargeable thereon, (Currently there are no government taxes) payable half yearly in

30
 advance, the first installment being payable immediately upon execution of this
agreement and receipt whereof the Landlord hereby acknowledges.

THE TENANT HEREBY COVENANTS WITH THE LANDLORD AS FOLLOWS:

4. To pay the rent herein reserved in the manner aforesaid and clear of all taxes, deductions
or set-offs other than any such as the Tenant may be required by law to make.
5. Each instalment payment shall be due in advance on the first working day of each three
(3) calendar months during the Lease term to the Landlord; The Payment is made by
means of either a cash payment, or by bankers cheque drawn in favour of the Landlord,
or by bank transfer to the Landlord’s Bank Account, with evidence of bank transfer slip.
All payments are to be in US Dollars only.
6. Upon signing this Agreement pay the equivalent of two months’ rent in United States
Dollars as a Deposit to be held by the Landlord and to be repaid to the Tenant without
interest at the end of the term hereby created subject to the Tenant having fully complied
with the terms and conditions of this Agreement. Should a new tenancy agreement be
following on from one which has just expired, then the rental deposit shall be ‘rolled
over’ to the new tenancy agreement the receipt of which is hereby acknowledge.
7. To pay or cause to be paid and discharged all electricity charges incurred during the term
hereby created and for any period over and above the said period during which the
Tenant remains in occupation of the Premises whether with or without the Landlord’s
authority.
8. To use the Premises for residential purposes only. The tenant shall not change “use”
without the specific written consent of the Landlord.
9. To keep the fixtures, fittings, effects and conveniences of the Premises, other than the
structural members of the floors, ceiling main walls or any roof or superstructure
overlaying the Premises, in good and substantial and tenable repair and condition,
reasonable wear and tear and damage by or loss as a result or earthquake, fire or floods
(where the latter two are not caused or contributed to by the deliberate or negligent act or
omission of the Tenant his servants or agents).
10. Not to cut, maim or injure any of the walls or timber of the Premises or suffer or permit
the same to be done, nor to drive any nails, screws, bolts or wedges in the floors, walls

31
 and or ceilings thereof without the previous written consent of the Landlord (such
consent not to be unreasonably withheld) SAVE for where such are required for the usual
and or ordinary purposes such as photo hangers and the like.
11. To keep all the furniture, soft furnishings, domestic appliances etc in good order and not
to damage, maim, injure or otherwise maliciously mar the same save reasonable wear and
tear.
12. To take every reasonable precaution to ensure that white ants, bees, or other destructive
insects and pests do not get access to the Premises and to notify the Landlord forthwith in
the event of any such infestation appearing.
13. To keep the premises and any area otherwise allocated to the Tenant clean and tidy and
free from rubbish so as not to cause a nuisance to other tenants or occupants of
neighbouring buildings in accordance with the requirements of the Public Health
Regulations and or City Council Rules related thereto and as may be directed from time
to time by municipal or health authorities and so to leave the same at the end or sooner
determination of the tenancy.
14. Upon the expiration or sooner determination of the said term to deliver up the Premises in
as good repair and condition as they were on commencement and in accordance with the
covenants herein above contained but with reasonable wear and tear and damages arising
from inevitable occurrences such as storm, tempest, flood, landslides, lightning and
earthquake excepted. The tenant shall paint the premises internally using only
approved contractors nominated by the landlord. Failure to comply can lead to a
deduction of US$ 1000 from the security deposit.
15. Not to make any alterations in or additions to the Premises without the previous consent
of the Landlord in writing. Such alterations including capital improvements to the
property will not be compensated by the Landlord unless such compensation is
specifically agreed to in writing in advance by the Landlord.
16. Not to carry on or suffer to be carried on upon any part of the Premises any offensive
noisy or dangerous trade or business or occupation and not to permit or suffer the
Premises to be used for any illegal or immoral purposes or suffer or cause any nuisance
or inconveniences to the neighbourhood.

32
17. Not to keep or store any inflammable or hazardous materials or substance on the
Premises nor to do or permit to be done anything whereby the policy or policies of
insurance for the premises against damage by fire or any other insurable risk for the time
being subsisting may become void or voidable or whereby the rate of premium thereon
increased; and to repay the Landlord all sums paid by way of increased premium and all
other expenses in or about any renewal of such policy or policies rendered necessary by a
breach of this agreement.
18. Not to assign, transfer, sub-let or part with the possession of the Premises or any part
thereof without the previous written consent of the Landlord such consent not to be
unreasonably withheld.
19. To permit the Landlord or his duly authorized representatives and or agents, after giving
prior notice in writing, at all reasonable times of the day during working hours with or
without workmen or other to enter upon the Premises and view the state of repair and
condition of the Premises or to do such work and alterations in or under any part of the
Premises as is considered to be necessary.
20. Should any defects or want of reparation be found which the Tenant shall be liable to
make good under this Tenancy Agreement then notice in writing thereof shall be given to
the Tenant or left on the Premises to make good the same in proper manner within the
space of 21 (twenty one) days; if the Tenant does not proceed diligently with the
execution of the repairs and complete such repairs within this notice period then and in
such a case the Landlord shall be at liberty to enter into and upon the Premises and
execute such repairs and charge to the Tenant such cost of repairs as shall have been
effected by the most possible reasonable tender.
21. During the last six weeks immediately preceding the expiry or determination of the term
granted to permit persons with written authority from the Landlord or the agents of the
Landlord to view the Premises at reasonable times of the day upon a previous
appointment having been made.
22. To use the swimming pool and gym in a safe and dignified manner as not to cause injury
or harm to others or become a nuisance to others. The pool and gym are to be used
exclusively by the tenant and his family and no outsiders are permitted to use these
facilities.

33
 23. No Pets are allowed under any circumstances. Any breach of this covenant shall be
considered a most serious breach of the tenancy agreement and could result in a
cancellation of the tenancy agreement. In such an event the tenant shall forfeit the three
month deposit and will be required to vacate the premises within 7 days.

THE LANDLORD HEREBY COVENANTS WITH THE TENANT AS FOLLOWS:

24. To clear and or take responsibility for all outstanding utility bills including as applicable
but not limited to electricity, water and sewage and telephone touching on the Premises
as let to the Tenant that were incurred before the commencement of the term of this
tenancy AND THAT should there be a disconnection of the said utilities owing to non-
payment by the Landlord herein above obliged, the expense incurred upon reconnection
of the same shall be borne by the Landlord.
25. To pay all rates, ground rents, taxes, assessments and other charges (including sanitary
and conservancy charges) of every nature and kind which now are or may at any time be
assessed or imposed on the Premises or the Landlord by the Government of Uganda or
any municipal township local or other authority;
26. To keep the exterior of the Premises and including the perimeter fence or wall, gates,
main walls and roof of any buildings the cesspool or septic tank and soak-away, gutters,
down-pipes and drains and the plumbing and electrical wiring within the structure of and
without the Premises in good and tenable order repair and condition save for damage to
the premises caused by the negligent and or deliberate acts and omissions of the Tenant
or his household agents and or employees.
27. That the Tenant paying the rent hereby reserved and performing and observing the
covenants and conditions hereby contained or implied and on their part to be performed
and observed shall and may quietly possess and enjoy the Premises without any
interruption from or by the Landlord or any person rightfully claiming from or under him.

PROVIDING ALWAYS AND IT IS HEREBY DECLARED AS FOLLOWS:

28. In the event of the breach by the Tenant of any of the terms and covenants and conditions
contained within this agreement, other than the covenant to pay rent, the Landlord shall
give the tenant 7 (seven) days’ notice in writing of the details of any such breach and

34
 shall require the tenant to remedy it. If by the end of this notice period the breach has not
been remedied by the tenant the Landlord shall have the right to re-enter upon the
Premises and immediately terminate the tenancy without first applying to the Court.
29. If the rent hereby reserved shall be in arrears for a period of 14 (fourteen) days from the
due date of remission whether formally demanded or not the Landlord shall be at liberty
at any time thereafter to re-enter into the Premises without first applying to the Court.
30. This Agreement is made on the express condition that if the Tenant shall become
bankrupt or insolvent or being a company shall enter into liquidation whether compulsory
or voluntary other than for the purposes of reconstruction or amalgamation OR if the
tenant shall enter into any arrangement or compromise for the benefit of the creditors of
the tenant or shall suffer any distress or execution to be levied on any property of the
Landlord THEN it shall be lawful for the Landlord or his duly appointed agents or any
person duly authorized by the Landlord in that behalf to re-enter onto the Premises
without first applying to the Court and at which point the tenancy shall be immediately
terminated. This shall not prejudice any claim by the Landlord on the Tenant for unpaid
rent or physical damage or deterioration to the premises.
31. The Landlord shall not be liable for damage or injury to the Tenant, his household,
servants or licencees caused by and or resulting out of any default of the Tenant
hereunder in respect of the use of the Premises and the Tenant shall indemnify the
Landlord against all claims actions and proceedings in respect of such injury or injuries.
32. Upon the desire to terminate this tenancy at any point during the term of the tenancy
either party wishing to terminate the agreement shall give a minimum of 3 (three)
months’ notice in writing to the other party which notice shall serve to negate any
requirement for compensation of the other party upon grounds of the term of the
Agreement. Any rent paid in advance over and above the notice period shall be re-
funded to the Tenant on the final day of the notice period less any amount deducted
pursuant to any other term of this Agreement. The three months’ notice period shall be
paid for in full at the agreed monthly rent.
33. Any notice under this Agreement shall be in writing. Any notice to the Tenant shall be
sufficiently served if left addressed to them on the Premises or sent to tem by registered
post at the address above and any notice to the Landlord shall be sufficiently served if

35
 delivered to him at his known residence or sent to him by registered post at the address
specified above or served on any known agent authorized by him to regularly receive or
who has in fact on his behalf regularly collected the rent for the Premises. For the
avoidance of doubt it is hereby stated that any notice sent by registered post shall be
deemed to have been delivered 7 (seven) days after the date of posting and time continues
to run notwithstanding the fact that there has been any weekend or public holiday
supervening.
34. The effectiveness invalidity or unenforceability of any provision or part thereof of the
Agreement shall not affect any other provision or the remainder thereof all of which shall
remain in full force and effect.
35. No failure to enforce or relaxation by the Landlord of any rights in this agreement shall
operate or be deemed as a waiver of such right whether in this contract or other law.
36. On occupation of the premises by the tenant a full inventory shall be taken by both parties
and agreed indicating fiscal values for each item. At the expiry of the tenancy the
tenancy shall account to the Landlord for all items as per the inventory sheet and shall
pay for any damages or breakages allowing for the usual reasonable wear and tear.

SPECIFIC TERMS EXPRESSLY AGREED BETWEEN LANDLORD AND TENANT:

37. The TENANT shall pay for the monthly subscription of DSTV satellite services directly
and the landlord shall have no involvement save that he shall ensure that decoders are
supplied and the satellite signal cabling is maintained in good order.
38. The Apartments are let as fully furnished apartments and not serviced apartments. At the
commencement of the tenancy agreement the landlord and the tenant shall make a full
inventory of the premises indicating the cost of each item. At the expiry of the tenancy an
inventory shall be compiled and damages and losses shall be charged as per the initial
inventory.
39. The tenant shall make his own arrangements for internet services.
40. The Landlord shall be responsible for the following:
(a) Security guards at the premises both day and night
(b) Maintaining, cleaning and keeping in good order the gardens, lawns and common
areas,

36
 (c) Maintaining, cleaning and keeping in good order the swimming pool
(d) Maintaining and keeping in good order the gym
(e) Landlord will pay for water
41. The tenant shall pay for his own electricity consumption based on the meter reading of
his apartment’s meter.
42. The tenant will be provided with one allocated car parking space. Any additional vehicles
shall be parked in the visitors parking outside the main gate.
43. The tenant shall make his/her own arrangements for the insurance of the contents of their
apartment and Kimera Courts shall in no way be liable for any loss, damage or theft of
any property from a tenant’s apartment. Likewise, the Management is in no way liable for
any loss or damage to vehicles parked inside the compound or on the outside forecourt. It
is recommended you have a good alarm system installed in your vehicle.
44. This Agreement shall be governed by and construed in accordance with the Laws of
Uganda.

IN WITNES WHEREOF the Parties hereto have hereunto set their respective hands on the
date, month and year first mentioned above.

SIGNED AND DELIVERED BY THE LANDLORD

……………………………………….

LANDLORD
IN THE PRESENCE OF:

………………………………………………………….
Name and address of Witness
SIGNED AND DELIVERED BY THE TENANT
…………………………………………….

TENANT
IN THE PRESENCE OF:
…………………………………………………………..

Name and Address of the Witness

37
 E. TENANCY AGREEMENT (OPTION B)
(Please refer to the Landlord and Tenancy Bill 2018 which was passed into law but awaits
presidential assent. It provides for a statutory tenancy agreement form as below)

TENANCYAGREEMENT

THIS AGREEMENT is made this .....................day of..........

BETWEEN

…..…………………………………… …………………………………….. ('Landlord")

AND

.............................................................................................................. ('Tenant")

PARTICULARS OF PARTIES

PARTICULARS LANDLORD (tick TENANT (tick

applicable) applicable)
INDIVIDUAL/ INDIVIDUAL
CORPORATE CORPORATE
Name
National ID No./Alien Card No./
company registration number
P.O. Box, Town
Telephone
Email address
Occupation of tenant
Current location of tenant
Immigration status of tenant
Resident work permit number

For Renting of premises with the following particulars:

38
 User Water
Size(Rooms) Sewage
Area Electricity
Toilets Solid Waste Collection
Common Spaces Security Services
LOCATION
Block No Village/Ward
Plot No Parish
Buidling No. Sub-County/Town
Premises No. County/ Division
Street Name: District/City

The landlord and tenant mutually agree as follows:

DURATION, RENT AND SECURITY DEPOSIT:

1. The Landlord agrees to let and the Tenant agrees to take the above premises for the
duration of ...............(days/months/ years (tick applicable) with effect from......................
To ………………..
2. Both parties agree on monthly rent of Ug. Shs........ (Uganda Shillings... only) payable
initially for ............ months in advance, and subsequently every....... (.........) months
before the expiry of the advance payment; the initial amount of Uganda Shillings
(Uganda Shillings ...... only) being rent for the first months.
3. A security deposit of one month shall be paid by the Tenant at the beginning of the
tenancy to secure the performance by the tenant of his/her obligations under the tenancy.
4. The Landlord hereby acknowledges receipt of the payments thereof by signing this
Agreement and issuing a Receipt.

DUTIES AND OBLIGATIONS OF THE PARTIES.

5. THE LANDLORD agrees with the Tenant:

39
 (i) To pay and discharge existing and future rates and taxes, statutory and relevant
Authorities, dues and/or any other obligations, charges that are imposed upon the owner
of the demised premises.
(ii) To keep the exterior of the rented premises including main walls and roof of the said out-
buildings, drains, pipes, and structure of the demised premises in good and tenantable
repair, order and condition.
(iii)That the tenant paying rent hereby reserved and performing and observing the obligations
and conditions herein contained or implied and on its part to be performed and observed
shall and may peacefully and quietly possess and enjoy the premises during the term
hereby created without any interruption from or by the Landlord or any person rightfully
claiming from or under or in trust for the Landlord.
(iv) The Landlord or his/her authorized Agent reserves the right to enter upon the rented
premises to inspect on the condition of the premises.
(v) To give a tenant a copy of the fully signed tenancy agreement.

6. THE TENANTAGREES with the Landlord as follows:

(i) To pay the rent hereby reserved at all times and in the manner aforesaid.
(ii) To pay and discharge all future water rates, electricity charges, garbage collection
charges, security charge, and any other charges imposed during this tenancy.
(iii)To utilize the premises hereby rented for the intended purposes only as per the
agreement and not to use or permit them to be used for any illegal purposes.
(iv) To keep the premises including the fixtures therein in a good and clean condition
during the tenancy and in such condition to deliver up the same to the landlord at
the termination of the tenancy.
(v) To maintain the compoun4 fence and paths in good order and condition and not to
drill nails in the walls of the rented premises or cut timber or main trees, brushes
or shrubs planted there without the Landlord's consent save in the proper course
of care and management of the premises.
(vi) To permit the Landlord or his authorized agents at reasonable times to enter upon
the premises or any part thereof after twenty four hours' notice to examine the
state and condition of the premises

40
 (vii) To make good any damage occasioned to the demised premises by the
tenant on any furniture and fittings or other articles, objects or things into or out
of the demised premises. OR to pay to the Landlord the cost of repairing or
replacing any part of the premises or fittings which are damaged by the Tenant or
lost through his or her negligence.
(viii) Not to assign sublet or part with possession of the premises or any part
thereof without the prior written consent of the Landlord which consent shall not
be unreasonably withheld.
(ix) Not to do or permit to be done in or upon the premises or any part thereof any act
or thing which may be of nuisance, damage, inconvenience or annoyance to the
Landlord or the tenants or the occupants of any other adjoining premises.
(x) Not to erect in the garden or land surrounding the premises any shed or other
buildings without the prior consent of the Landlord in writing.
(xi) Not to alter or damage the rented premises without the express permission of the
landlord.
(xii) To deliver up the premises at the expiry of the tenancy hereby created in
such state of repair, condition, order and preservation as shall be in accordance
with the obligations on the Tenant's part herein before contained.
7. CONDITIONS OF TENANCY.
PROVIDED ALWAYS and it is expressly agreed as follows:
(i) That if the said rent or any part thereof is in arrear at any time after the day on
which it is payable (whether formally demanded or not) or if any of the Tenant's
stipulations herein are not performed then and in any such case the landlord or
his/her agents may at any time thereafter re-enter upon the demised premises or
any part thereof in the name of the whole and the same have again, repossess and
enjoy as his/her former estate, and this agreement save to any claims the
Landlord may have hereunder in respect of any such breach by the Tenant as
aforesaid shall be deemed to have been terminated on such re-entry as aforesaid
(ii) That the Landlord may in his absolute discretion review the said rent at expry of
this tenancy on giving to the Tenant not less than (Weeks/month) notice in

41
 writing to the tenant of his intention to do so PROVIDED THAT no more than
one increase will be made in any one year.
(iii) That any consents or notices which are required by the terms of this Agreement
to be given by Landlord may validly be given by any person duly authorised by
the Landlord.
(iv) The Parties to this Agreement reserve the right to terminate the said Agreement
on breach of conditions and shall be entitled to appropriate remedies which may
be determined by the courts of law.
(v) Any notice under this Agreement shall be in writing and any notice to the Tenant
shall be sufficiently served if left addressed to him or her on the premises or
affixed to the door thereof; and any notice to the Landlord shall be sufficiently
served if sent by post to the Landlord or delivered to an authorized Agent or to
the Landlord's premises. 8.

8. TERNIINATION OF TENANCY.
The tenancy may be terminated by either party giving to the other…………
weeks/month(s) notice in writing of his/her desire to terminate the same.

9. DISPUTE RESOLUTION.
Any Disputes between the Landlord and Tenant shall be settled through Alternative
Dispute Resolution mechanisms failure of which the parties may proceed to court.

10. LAW APPLICABLE.

This Agreement shall be governed by the provisions of the Laws of Uganda

WITNESSES have set their hands on the ...... day of 20

SIGNED BY: NAME SIGNATURE

LANDLORD ………….…………… ……………………….
WTTNESS ……………………….. ………………………..
TENANT ………………………… ………………….........
WITNESS ………………………… ………………………..

42
Learning Outcome 4: Demonstrate the process of registration of a lease.

PART I: REGISTRATION OF A LEASE

-In order to acquire a legal interest, the lease should be registered. Section 54 of the
Registration of Titles Act Cap. 230 provides that no estate or interest in land can be created or
transferred by an unregistered instrument and that no land can be made liable to the covenants in
an unregistered instrument.

In Kaloli Kaggwa v Esteri Kityo HCCS 307/1982, Court held that a lease starts to be effective
upon registration. Non-registration of a lease is fatal and in Souza Figuerido & Company Ltd v
Moorings Ltd [1960] EA 926, court held that an unregistered lease operates as a contract
interpartes and confers on the intending lessee to enforce the contract specifically and obtain
from the intending lessor a registrable lease.

Title attained on registration is conclusive evidence of title. This was the position in Nkoojo
Amooti v Kyazze, Uganda Land Commission and Commissioner Land Registration HCCS
536/2012

PART II: HOW TO EFFECT REGISTRATION OF A LEASE

A. For a lease between private individuals

-Section 101 of the Registration Titles Act provides that the proprietor of any freehold or mailo
land under the operation of this Act may, subject to any law or agreement for the time being in
force, lease that land for any term exceeding three years by signing a lease of it in the form in the
Eighth Schedule to this Act.

I. Execute lease in Latin Character, and have it attested.

Section 148 of the Registration of Titles Act requires instruments to be duly executed by
having the signature of each party in Latin Character. Under Section 147(1), it must also be
attested to by one witness.

The lease agreement may take the form in the Eighth Schedule, pursuant to Section 101 of the
Registration of Titles Act.

43
 II. Register it under the Registration of Documents Act Cap. 81. Section 5 of the Act
stipulates that registration shall consist in the filing of a copy to be furnished by the
person presenting the document for registration) of the document brought for registration
after that copy has been certified by the registrar as a true copy. Pursuant to the Schedule
to the Registration of Documents (Fees) (Amendment) Rules, Statutory Instrument
No 55 of 2005, and the fees for registration of the lease agreement is Ugx 10,000.
III. Obtain the original certificate of title and effect an encumbrance on it.
IV. Open boundaries and ascertain the particular potion of the lease.
V. Register the lease to obtain a certificate of title.
 For this registration, the requisite documents are a valid transfer form in triplicate, the
lease agreement, photocopy of the duplicate certificate of title, photocopy of national ID,
two passport photos of the lessor and lessee. and a forwarding letter requesting for a lease
hold title signed by the district land officer
 The property is assessed by the government valuer, for stamp duty. The stamp duty is 1%
of the premium and ground rent.
 Pay stamp duty and registration fees, and have your transfer forms embossed by URA.
 The applicant is then given a photocopy of the lease agreement, stamped received.
 All the documents are then submitted to the Department of Land Registration.
 The applicant will keep checking until their leasehold title is ready, and the registrar
cancels the proprietor’s name, enters a new name in the register book. The applicant
collects their title after ten days.

B. For land owned/controlled by District Land Boards

 The Applicant must have in his/her possession fully completed Forms 8,(Application for
leasehold for land held by the District Land Board), 18(lease/sublease offer), a set of 3
authentic deed plans, 3 Passport Photographs, Receipts of Payment and a forwarding
letter requesting for a Leasehold title signed by the District Land Officer of the respective
District where the land is located.
 Attach the minutes when the lease offer was granted.

44
  The Applicant presents the full set of original documents and a photocopy of the same, to
the Department of Land Administration for Checking. The Photocopy is stamped
‘Received’ and returned to the Applicant.
 The Applicant checks with the Department of Land Administration after 10 working days
to confirm their approval or rejection, and is given a letter advising him/her on the fees to
be paid.
 Once approved, the documents are forwarded to the Department of Land Registration for
preparation and issuance of Lease agreements.
 The applicant checks after 10 working days to pick up the Lease agreements for signing
and sealing by the Chairperson and the Secretary of the respective District Land Board
and to Pay Stamp Duty, which is 1% of the Premium and Ground Rent.
 The applicant presents to the Registry fully signed and sealed lease documents by the
District Land Board Chairperson and Secretary and lease agreements embossed by URA.
The applicant is given a photocopy of the lease agreements stamped ‘Received’.
 The applicant presents the photocopy given to him/her by the Department of Land
Registration stamped ‘Received’ and identification documents on collecting the
Leasehold Title.
 The applicant signs for the Title and the Photocopy is stamped ‘Returned’ on completion.

C. Fees Payable

Fees paid at the URA: 1% of the Premium and Ground Rent as stamp duty, (Schedule 2, Item 33
Stamp Duty Act of 2014)

Fees paid at the Ministry / District:

- Registration fees – 10,000 Schedule 22 (3) (a) section 171

- Assurance of Title – 20,000/=
- Preparation of Lease –20,000/=.

45
Learning Outcome 5: Effect the lawful termination of leases and tenancies.

One of the essential elements of a lease is the right of reversion of the lessor. A lease may
therefore terminate, and once this happens, the interest in land reverts to the lessor.

I. Effluxion of time
This occurs when the specific period of the lease expires and is not renewed.
In Agandru v Etoma [2018] UGHCLD 32, Court explained that when a lease expires, the
land automatically reverts to the lessor. If they stay on that land, they are merely tenants
at sufferance. On termination, the lessee has no legal rights on the property, as asserted in
the case of James Mugode Ikuya v Londa Abdallah Mubarak HCCA 87/2012
II. By operation of law:
This can happen in any of circumstances below as was noted by court in Bweya Steel
Works Ltd v NIC [1985] HCB 58;
Where the lessee abandons the land and the lessor reenters and takes full possession of
the land or where the lessor grants a fresh lease to the lessee before expiry of the previous
lease period.
III. Termination by notice:

This is where one of the parties that is a lessor, or a lessee terminate the lease by writing the
notice to the other party intending to terminate the lease. A fixed term lease cannot be terminated
by notice unless the lease agreement entitles either party to terminate the lease.

Notice must be sufficient and reasonably clear.

IV. Breach of condition

In Lugogo Cofee (J) Ltd v Singo Combined Coffee Growers Ltd CS No.554 of 1973, a
condition was defined as a term which is the essence of a lease agreement and its breach entitles
the innocent party to terminate the lease. Court added that a breach of condition of a lease
agreement entitles either party to avoid the contract.

V. Merger:

Herein the lessee acquires the reversion from the lessor and his initial lease is merged with the
reversion.

46
VI. Surrender of lease

This is provided under Section 108 of the Registration of Titles Act. It occurs when the lessee
gives up his possession of the lease before expiration of the duration of the lease to the lessor.

The surrender merges with the reversionary interest of the lessor, and the lease is extinguished.

Pursuant to Section 108 of the Registration of titles Act, a lease maybe surrendered by
endorsement. Under subsection (1), a lease may be surrendered and terminated as well by
operation of the law or under any act here after to be in force relating to bankrupts and their
estates as by the word “surrendered” with the date being endorsed upon the lease or on the
duplicate of lease, if any and signed by the lessee or his or her transferee and by the lessor or his
or her transferee and attested by the witness.

Under subsection (2), the registrar shall enter in the register book the memorandum recording
the date of such surrender and shall likewise endorse upon the duplicate a memorandum
recording the fact of the entry having been made.

Upon such entry in the registrar book, Subsection 3 stipulates that the interest of the lessee shall
vest in the lessor or the proprietor for the time being of the reversion. Production of such lease or
duplicate is sufficient evidence of surrender.

*sample deed of surrender drafted by Jerome and Raymond

VII. Forfeiture/Re-entry.
Mugambwa defines forfeiture as the termination of a lease by the lessor before the term expires.
Under Section. 103(b) Registration of Titles act Cap 230, in case the rent or any part of it is in
arrear for the space of thirty days, although no legal or formal demand has been made for
payment of that rent, or in case of any breach or non-observance of any of the covenants
expressed in the lease or by law declared to be implied in the lease on the part of the lessee or his
or her transferees, and the breach or nonobservance continuing for the space of thirty days, the
lessor or his or her transferees may reenter upon and take physical possession of the leased
property.
Lugogo Coffee Company (Uganda) Limited vs. Singo Combined Coffee Growers L.T.D Civil
Suit No. 554 of 1973, re-entry/forfeiture automatically brings the lease to an end.

47
Such Re-entry is effected by taking physical possession of the land or by commencing an action
in court for termination of the lease and an order of vacant possession. Re-entry is a common law
self-help remedy where the lessor is permitted to use reasonable force to gain physical
possession on his land; Kasaja V Registrar of Titles 1992 4 KALR.
For the reentry to be perfected, it must be registered. Section 114 of the Registration of Titles
Act stipulates that the registrar must be given notice of the re-entry by the lessor in order to give
the lessor back his legal interest in the land.
Section 106 of the Registration of Titles Act Cap 230 is to the effect that where the registrar is
satisfied that the lessor has reentered upon the premises in strict conformity with the provisions
for reentry contained in the lease or sublease, or under the power of Section 103 (b) of the said
Act, he or she may make an entry of that re-entry in the Register Book and the term for which
the land was leased shall, upon that entry being made, determine and may be removed as an
encumbrance from a certificate. This principle was illustrated in the case of Lugogo Coffee
Company (Uganda) Limited vs. Singo Combined Coffee Growers L.T.D HCCS No. 554 of
1973 where court also noted that whether or not the re-entry is registered, as between the lessee
and the lessor, the lease is terminated the moment the lessor takes physical possession or obtains
an order of vacant possession.
Finally, waiver of reentry may occur where the lessor, with the knowledge of the facts upon
which his right to reenter arises, does some unequivocal act recognizing the continued existence
of the lease. This was the position in Diwan Singh Kalasi v The Commissioner of Lands [1958]
EA 367.

48
 A. Sample notice of reentry

NOTICE OF RE- ENTRY

THE REPUBLIC OF UGANDA

THE REGISTRATION OF TITLES ACT, CAP 230

LEASEHOLD REGISTER

LRV KCCA …. FOLIO ….

PLOT NO.4A
…….. DIVISION BLOCK
CHURCH ROAD
Estate ……………
AT KAMPALA

TO: THE REGISTRAR OF TITLES

DEPARTMENT OF LAND REGISTRATION

KAMPALA.

Dear Sir/Madam,

RE: APPLICATION FOR NOTING RE- ENTRY.

(Under Section 103 (b) and 114 and 106 of the Registration of Titles Act Cap 230)

I, ………….., the town clerk of Kampala City Council Authority on behalf of the Authority,
being the lessor in the abovementioned leasehold land hereby apply for noting re-entry in the
register book and removal of the above given lease from the leasehold certificate of title on the
ground that the Authority has re-entered upon the leased premises in strict conformity with the
provisions for re- entry contained in the lease agreement.

49
This application is supported by my statutory declaration filed herewith and any other statutory
declaration (s) that may be filed hereafter.

Dated at Kampala this 11th day of April 2022.

Signed by the said;

…………………………………....

(NAME)

SECRETARY KCCA

50
 B. Statutory declaration of notice of re-entry

THE REPUBLIC OF UGANDA

IN THE MATTER OF THE REGISTRATION OF TITLES ACT, CAP 230

AND

IN THE MATTER OF THE STATUTORY DECLARATIONS ACT, CAP 22

AND

IN THE MATTER OF AN APPLICATION BY …….. (On behalf of KCCA) TO NOTIFY

RE- ENTRY AGAINST LAND COMPRISED IN LRV 340 FOLIO 6 PLOT NO.4A
NAKAWA DIVISION AT KAMPALA.

STATUTORY DECLARATION

I, ……………………………. on behalf of Kampala City Council Authority P.O BOX 678,

Kampala do solemnly swear and declare as follows;

1) That I am a female/male Ugandan adult of sound mind and the Secretary of Kampala
City Council Authority.
2) That Kampala City Council Authority is the registered proprietor of the land comprised
in …………………… at ………. Division Kampala
3) That in …….. the Authority leased the abovementioned land to …………….
4) That pursuant to clause 3 (a) of the lease, the Authority instructed its legal department to
give the lessee the prescribed 30 days’ notice of the several breaches of the lease namely;
a) Non- payment of ground rent
b) ………………………………..
5) That the Authority’s advocates issued the aforesaid notice by letter a copy of which is
hereto annexed as ‘A’
6) That the prescribed notice expired but the lessee failed to take corrective steps and the
aforesaid breaches continued unallocated.

51
 7) That as a result, Kampala City Council Authority exercised its right of re- entry and as of
now has unchallenged possession of the said land.
8) That Kampala City Council Authority is in physical possession of the said land upon re-
entry on the same.
9) That I make this statutory declaration in support of my application on behalf of Kampala
City Council Authority for noticing re- entry in the register and cancelation of the lease.
10) That I hereby declare that whatever is stated herein above is true and correct to the best of
my knowledge and by virtue of the Statutory Declaration Act, Cap 22 of the Laws of
Uganda.

Declared at Kampala This 6th day of March, 2020 by the said;

……………………………………….

(NAME)

BEFORE ME;

……………………………………..

COMMISSIONER FOR OATHS

Drawn and filed by

………………..
P.O Box 111,
KAMPALA

52
PART II: TERMINATION OF TENANCIES

Termination of a periodic Tenancy

I. Termination at will, on notice by either parties

In Bweya steel works Ltd V NIC [1985] HCB 58, court held that the landlord has a right to
terminate a periodic tenancy upon giving the tenant proper notice, properly construed. Such
notice must be given within a reasonable time. Court noted that where a tenant has spent a year
on the land, notice of 6 months needs to be given.

However, this is subject to the terms stipulated in the tenancy agreement. If the requisite period
to give such notice is set out in the agreement, it is binding on the parties. If it is not, recourse
may then be had to case law. Reasonable notice must be given.

Termination by notice is especially in cases of a tenancy at will. Court held in Errington v

Errington [1952]1 ALLER 149, Court stated that a tenancy at will is determinable at will by
either parties.

No notice is required for a tenant at sufferance.

II. Expiry of time period for the tenancy

Where the fixed term expires without renewal, so does the tenancy.

In Addiscombe Garden Estates Ltd & Anor v Chabbe (1957) 1 KB 290, court held that the
obligation to deliver up premises at the expiry of the stipulated time is a character common to
tenancies.

III. Termination on breach of tenancy agreement

Breach of a tenancy agreement, subject to the agreement, entitles either party to terminate. In
Addiscombe Garden Estates Ltd & Anor v Chabbe (1957) 1 KB 290, court noted the right of a
landlord to reenter premises on breach of the tenancy agreement through failure to pay the
requisite fees.

53
Learning Outcome 6: Competently advise on variation of a lease

i. Introduction

Section 3 (5) (a) of the Land Act cap 227; Lease hold tenure is created by contract. Therefore,
lessor and the transferee/lessee are bound by the existing terms and conditions held in the lease
agreement.

Section 105 of the Registration of Titles Act: “In every transfer of a lease made under this Act,
and in every transfer of a grant for years, there shall be implied a covenant with the transferor by
the transferee binding him or her and his or her executors, administrators and transferees that he
or she or they will thenceforth pay the rent by the lease or grant reserved, and perform and
observe all the covenants contained in the lease or grant or by law declared to be implied in
the lease or grant and on the part of the lessee or his or her transferees to be performed and
observed, and will indemnify and keep harmless the transferor and his or her representatives
against all actions, suits, claims and expenses in respect of the nonpayment of the rent or the
breach or non-observance of the covenants or any of them.”

ii. Procedure

To enter into a new agreement with the lessor to vary the terms of the lease agreement to enable
him to use the land for the other purpose.

Seek permission from the physical panning authority in accordance with Section 33(1) of the
Physical Planning Act. A person is not supposed to carry out a development with in the
planning areas without obtaining development permission from the Physical Planning Authority.

Application for development permission should be in form P.P.A.1 in the 6th Schedule as per
Section 34 of the Physical Planning Act

Section 37 of the Physical Planning Act- where an environment impact assessment is required
preliminary approval may be granted subject to obtaining on environment impact assessment
certificate in accordance with the national environment act. Sections 19 and 20 of the National
Environment Act 2019

54
After the requisite permission is obtained, the variation deed will be drafted and registered. It is
important to note that variation is between a lesser and lessee and one is not a lessee until
registered. (Section 54 Registration of Titles Act)

According to item 22 of the 22nd schedule of RTA, the fees for registration of a variation deed is
10,000.

iii. How to register a variation lease

1. The applicant must have or in his/her possession of a letter from the controlling authority
for variation of the lease, duplicate certificate of title and two passports photographs. If
the variation involves changes of land use then form P.P.A is included.
2. The applicant presents the documents to the department of land administration for
assessment of revised ground rent and premium per annum and collects the documents
after 3 working days for confirmation of assessment.
3. The department of land administration forwards the documents to the office of titles for
drafting of the variation deeds.
4. The applicant collects the variation deed after 5 working days and takes them for
payment of stamp duty and registration fees and execution by the parties.
5. The applicant returns the embossed documents, dated, signed and sealed by the
chairperson and secretary of the controlling authority and the owner. A photocopy of all
documents is also submitted which is stamped “received” and returned to the applicant.
6. The applicant checks after 10 working days to collect the completed duplicate certificate
of title.

PS; The procedure above mostly applies to variation of leases where the District Land Board is
the lessor.

iv. Documents required

-Letter from controlling authority for variation of lease, Duplicate certificate of title Variation
deed, General receipts of payment

v. Fees payable
- Preparation fee 10,000/=

55
- Stamp duty 10,000/= for 2 copies of variation lease document
- Registration fees 10,000/=
- Variation fee 20,000/= (premium and ground rent must have been assessed and paid by
the client)

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Learning Outcome 7: Undertake the process of conversion of a lease to freehold tenure.

Historical background

The kind of lease which can be converted to Freehold Tenure is the lease which was granted by
Uganda Land Commission or the former Controlling Authorities over former public land. This is
land in the rural acres. A lease granted by the proprietor of land under Mailo tenure or Freehold
Tenure cannot be converted to Freehold Tenure. A lease granted by a District Land Board cannot
be converted into Freehold tenure.

Under the repealed Public Lands Act of 1969 the Uganda Land Commission was responsible
for all land in Uganda. Section 1 of the Land Reform Decree of 1975 declared all land in Uganda
Public land, to be administered by the Uganda Land Commission in accordance with the Public
Lands Act, 1969. Under section 23 (2) of the Public Lands Act, the Uganda Land Commission
was empowered to grant leases out of former public land to Urban Authorities on such terms the
Minister would direct. These Urban Authorities would become Controlling Authorities. The
leases granted by ULC to Controlling Authorities were the statutory leases. The Controlling
authorities were, under this law, empowered to lease this land to people who applied for leases.

The Land Reform Decree of 1975 converted all land in Uganda into public land. All Mailo and
Freehold interests became leases on conversion. Leases on Mailo land or land registered under
the Freehold tenure transformed by virtue of that Decree into Sub-leases. Uganda Land
Commission controlled this land. ULC too had the power to issue leases out of former public
land. An applicant applied to the Land Committee, which would inspect the land and advise
ULC on whether the land was available to leasing. ULC would consider the report and
recommendations of the Land Committee and where it approved or rejected the
recommendation, it would minute its decision-(example of such minute in Workshop 1 Task
E). If it approved, the lease would take effect from the date of the minute (See: LIVINGSTONE
SSEWANYANA V. Dr. MARTIN ALIKER SCCA 4/1990)

The Constitution of the Republic of Uganda 1995 came into force on 08.10.1995. It abolished
statutory leases on 08.10.1995. When the said Constitution came into force ULC ceased to have
power to grant statutory leases. The mandate of ULC changed. District Land Boards became
successors in title to Controlling Authorities or Urban Authorities in respect of former public

57
land which had not been granted or alienated to any person or authority (See: Section 59(8) of
the Land Act Cap. 227 as amended)

In MADRAWI V. WEST NILE DISTLLERY COMPANY Ltd. H. C. Civil Appeal. 0028/ 2014,
Mubiru, J. The respondent sued the appellant for, interalia, a declaration that the respondent
was the owner of the suit land, a permanent injunction and general damages for trespass to land.
The respondent claimed to be the owner of 2.2acres of land at Lajopi village, Cesia Parish and
that the appellant had trespassed upon it when he constructed a pit latrine and huts on a piece of
that land measuring 20 x 20 metres.

The appellant’s defence was that he had inherited this land from his fore fathers. He had
inherited form his father, who had also inherited it from the appellant’s grandfather. The
appellant’s grandfather had inherited it from the appellant’s great grandfather. The appellant
testified that he was born and raised on this land and had lived on it for (47) years. Three of the
appellant’s witnesses testified to this effect. The appellant el letters of administration to the estate
of his deceased father.

Adjumani Town Council allocated this land to the appellant in 1997 for industrial development.
The Town Clerk produced a letter of allocation and lease offer dated 15.10.1977. The Magistrate
held that Adjuman Town Council had rightly allocated this land to the appellant and that tenants
on former public land were tenants at sufferance and she issued an eviction order, an injunction,
general damages assessed as (20) million Uganda Shillings and costs of the suit. The appellant
appealed to the High Court.

Held:

1. Under the Public Lands Act of 1969 Urban Authorities would be constituted into
CONTROLLOING Authorities and which had powers to grant leases out of former
public land where ULC granted hem statutory leases out of former public land. (See:
NYUMBA YA CHUMA V. UGANDA LAND COMMISSION & A.G
CONSTITUTIONAL PETITION No. 13/2010, cited with approval.
2. When the 1995 Constitution came into force, ULC ceased to have power to grant
statutory leases to Urban Authorities. Adjumani was declared a District on 17.07.1997.
Before that time, it was a Town Board. It was ever granted a statutory lease by ULC

58
 (because it was not an Urban Authority). Therefore Adjumani Town Board had no power
to allocate the suit land.

3. District Land Boards became the successors in title of Controlling Authorities or Urban
Authorities in respect of former public land which had not been granted or alienated to
any person or authority. (See: S. 59(8) of the Land Act.

See also: NYUMBA YA CHUMA V. UGANDA LAND COMMISSION & A.G

CONSTITUTIONAL PETITION No. 13/2010

OVOYA V. LUCY NZIZORI H. C. Civ. Appeal 0024/2016, Mubiru, J.

The law and procedure on conversion of a lease to Freehold Tenure

The law

Article 237 (5) of the Constitution: Any lease which was granted to a Ugandan citizen
out of former public land may be converted into Freehold in accordance with the law
which shall be made by parliament.

Article 237 (6): For purposes of clause (5) above ‘public land’ includes statutory leases
to Urban Authorities.

S. 28(1) of the Land Act as amended: Any lease which was granted to a Ugandan
citizen out of former public land and subsisting on the coming into force of this Act may
be converted into Freehold if the Board is satisfied that the following conditions have
been complied with-
a) the lease is genuine.
b) there were no customary tenants on the land at the time of acquisition of the lease.
c) if there were customary tenants on the land at the time of acquisition of the lease, that
they were compensated.
d) all the development conditions have been complied with.
e) all other conditions imposed by law from time to time have been complied with.

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f) the land should not exceed (100) hectares. If it exceeds (100) hectares, it can only be
converted if the Board is satisfied that it is desirable, in public interest, that it should be
converted into Freehold.

The procedure
See: Regulation 14 of the Land Regulations, S.I 100/2004. The application is made to
the District Land Board using Form 5 in the Fifth Schedule to the Land Regulations, S.I
100/2004. It is filled in triplicate. When the District Land Board approves the conversion,
it sends a copy the application/Form to the Registrar of Titles to effect the conversion.

Consequences of conversion of the lease to Freehold

S. 28(3): Any sub-lease granted over the lease so converted is upgraded to a lease.

How is the certificate of title created?

S. 28(4): Upon conversion, the Registrar of Titles shall endorse on the leasehold
certificate of title the words, COVERTED TO FREEHOLD’, cite the relevant law
and append his signature. (*The registrar will issue an Instrument Number with a
date and time of registration of the Instrument Number) * THIS MY VIEW
(Nakawungu)

NOTE: The Registrar of Titles will endorse on the Sub-leasehold deed to which S. 28(3)
refers, the words ‘CONVERTED TO LEASEHOLD’, cite the relevant law and append
his signature.

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Learning Outcome 8: Appreciate and further your knowledge on the mandate and
functions of the Uganda Land Commission, the District Land Board and the Area Land
Committee.

I. Uganda Land Commission

 Article 237 provides that land shall be vested in the citizens under the four land tenure
systems, namely, freehold, leasehold, mailo and customary. Article 238 establishes the
Uganda Land Commission to hold and manage any land in Uganda vested in or acquired
by the Government of Uganda; Article 239. Article 239 lays out the functions of the
Uganda Commission; it provides:-
 “The Uganda Land Commission shall hold and manage any land in Uganda vested in or
acquired by the Government of Uganda in accordance with the provisions of this
Constitution and shall have such other functions as may be prescribed by Parliament”
This is further augmented by Section 53 of the Land Act Cap 227 (as amended) which
provides further functions of the Uganda Land Commission as follows

Uganda Land Commission may:

1. Acquire by purchase or exchange or otherwise hold land rights easements or interest in

land;
2. Evict, alter, enlarge, improve or demolish any building or other erection on any land held
by it;
3. Sell, lease or otherwise deal with the land held by it;
4. Cause surveys, plans, maps, drawings and estimates to be made by or through its offices
or agent; and
5. Do such other things as may be necessary for or incidental to the exercise of those powers
and the performance of the functions”

The ULC is a former controlling authority of land vested in government by the Public Lands Act,
1969 (repealed); which by its functions granted (statutory) leases to local authorities thus
allowing them to sublease this land under their different jurisdictions (Nyumba ya Chuma Ltd v
Uganda Land Commission & Anor (Consitutional Petition 13 of 2010)

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 II. District Land Boards

The above being as it may; Article 241 of the Constitution lays out the functions of the District
Land Boards (that are established under Article 240); it provides:

Functions of district land boards

Article 241 (1) the functions of a district land board are:-

1. To hold and allocate land in the district which is not owned by any person or authority.
2. To facilitate the registration and transfer interests in land, and
3. To deal with all other matters connected with in the district in accordance with laws made
by Parliament.

In the performance of its functions, a district board shall be independent of the Uganda Land
Commission and shall not be subject to the direction or control of any person or authority but
shall take into account national and district council policy on land (Section 2)

The above Article should be read together with Sections 59 and 60 of the Land Act, 227 (as
amended); whereby Section 59 (1) provides for the functions of the board as follows

a) hold and allocate land in the district which is not owned by any person or authority;
b) facilitate the registration and transfer of interests in land;
c) take over the role and exercise the powers of the lessor in the case of a lease granted by a
former controlling authority;
d) cause surveys, plans, maps, drawings and estimates to be made by or through its officers
or agents;
e) compile and maintain a list of rates of compensation payable in respect of crops,
buildings of a nonpermanent nature and any other thing that may be prescribed;
f) review every year the list of rates of compensation referred to in paragraph (e) of this
subsection; and
g) deal with any matter which is incidental or connected to the other functions referred to in
this subsection.

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Section 59(1a); introduced in 2010 makes void, any transaction that is contrary to the above
provisions. This explains the decisions in [Nyumba ya Chuma Ltd v Uganda Land Commission
& Anor (Consitutional Petition 13 of 2010); Rurangaranga V. Mbarara Municipal Council
Supreme Court Civil Appeal No. 10 of 1996]. Even if they were not decided basing on this
provision, at least it is clear from the reading of those two cases that exercise of powers not
vested in the board to grant lease over land will result in have a lease illegally.

Section 60 of the Land Act is about powers of the board, provides as follows:

In the performance of its function, a district land b shall be independent of the Uganda Land
Commission and shall not be subject to the direction or control of any person or authority but
shall take into account the national and district council policy on land and the particular
circumstances of different systems of customary land tenure within the district.

2) A board shall have power to_

a) acquire by purchase or otherwise rights or interests in land and easements;

b) erect, alter, enlarge, improve or demolish any building or other erection on any land held
by it;
c) sell, lease or otherwise deal with the land held by it; and
d) do and performance all such other acts, matters and things as may be necessary for or
incidental to the exercise of those powers and the performance of those is functions.
e) In the performance of its functions, a district land board shall prepare and publish an
annual report and shall have regard to any comments that the district council may make
on that annual report. ”

Other Laws that Recognise the Mandate of the DLBs

The Registration of Titles Act, 230: The Act relates to the transfer of land and registration of
titles. Under the Act, the function of facilitating the registration and transfer of interests in land is
vested in the District Land Boards.

The Physical Planning, Act: Under this Act, district and urban physical planning committees
are required to provide for the making and approval of physical development plans and the

63
applications for development permission; and for related matters. The Act provides for a Local
Physical Planning Committee whose reports are submitted to the DLB to aid in making its
decisions in respect of land applications.

The Surveys Act, 1939 Cap 232: The Surveys Act provides for and regulate the survey of lands.
Under this Act, DLBs are vested with the powers to cause and facilitate the processes of land
surveys.

The National Environment Management Act: This Act provides for sustainable management
of the environment to establish an Authority as a coordinating, monitoring and supervisory body
for that purpose. Under this Act, the DLB is recognized as an agency in the sustainable
management of the environment.

III. Area Land Committees

According to section 64 of the Land Act, Cap 227 (as amended), each sub-county or division
may have an Areas Land Committee.

The Area Land Committees are supposed to assist the board in an advisory capacity on matters
relating to land, including ascertaining rights on the land. They are supposed to recommend to
the district land board, upon doing due diligence over land anyone who needs to acquire land.
However, there were concerns about the competence of these committees in many districts. It
was noted that most times, members nominated to the ALCs lack competence and that most
times, their appointments are politically influenced. It was also noted that the ALC was poorly
facilitated and lacked supervision from the local government leaders. This has resulted in
corruption and over-exploitation of land applicants.

The extensive powers of the ALCs can be felt upon applying for a Customary Certificate of Title
or even leasehold upon public land as provided under sections 5, 6, 7, 9 of the Land Act (as
amended)

Justice Mubiru has elaborately discussed the role of ALCs in the Unzi v Moyo District Local
Government & Anor (Miscellaneous Cause 97 of 2016) [2017] as follows;

…in matters of administration of land that is under the mandate of the second
respondent, The Land Act does not allocate different policy areas to different tiers of

64
 local governments; rather, it allocates to them roles and procedural duties in the
decision-making process. For example, under section 64 (1) and (2) of the Act, Area
Land Committees are appointed by the District Council on the recommendation of the
Sub-county Council, while those in urban areas are appointed on the recommendation of
the urban council, and those in the city, on the recommendation of the City Division
Council. Under section 64 (5) of the Act, it is the District Council which has authority to
terminate the appointment of a member of the committee for his or her inability to
perform the functions of his or her office or for any good cause. Under section 66 (2) of
the Act, all expenses incurred by or on behalf of the Area Land Committee are charged
on the district administration funds.

According to section 64 (5) of The Land Act, the major function of an Area Land
Committee is to assist the District Land Board in an advisory capacity on matters
relating to land, “including ascertaining rights in land,” but it may also perform any
other function conferred on it by or under the Act or any other law. Upon conducting a
public hearing intended to ascertain rights in land, regulation 21 (1) (t) and (v) of The
Land Regulations, 2004 requires the Committee, subject to sections 6 (6) (c) of the Act
(where the application is for a certificate of customary ownership) and 66 (2) of the Act
(regarding remuneration and expenses of the Committee), to submit its reports to the
Board once a month.

The centrality of a report of the Area Land Committee to decisions relating to

applications for leaseholds is evident in section 13 of The Land Act. Under that section,
the Board, although not bound by the recommendations of the Committee, requires the
report of the Committee to guide its decisions which may include; confirming the
recommendations of the Committee, varying the recommendation of the Committee,
returning the report to the Committee with directions as to what action, including any
further investigations or hearings, the Committee is to undertake, or rejecting the report
of the Committee.

The case of George Gilbert Kigozi Mayambala v Joseph Ssentamu and another (1987) HCB 68
emphasizes the fact that the Board, acting on the advice of the area land committee must ensure

65
that the land in question has no existing rights; and if any, the holders of the same must be heard
and their interests ascertained.

Therefore, to sum up the above, the ULC, DLBs and ALCs are charged with managing former
public land in Uganda. Where any person is desirous of acquiring rights over former public land
or land owned by any of those entities, then they have to act and grant the same subject to the
question of whether or not they own the land in question. The role of the ALC is more advisory
than managerial in this whole equation.

Learning Outcome 9: Distinguish between the different types of tenancies and the rights
and remedies applicable to each of them. (These have been discussed in LOs 1, 2, 4 and 5
above)

Learning Outcome 10: Identify and interpret features and entries on a certificate of title
relating to a lease and competently advise on legal implications of the same. (Not attempted.
See Week 1 notes for guidance)

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Learning Outcome 11: Identify and appropriately address all ethical issues which may
arise in the transactions in this Workshop.

 Duty to perform their services diligently and competently

The advice given to clients should always be in their best interest because no advocate
should knowingly and recklessly advice a client in ways a reasonable advocate would not
as it would not be in the best interest of the client and an abuse of court process as
stipulated in Regulation 12 of the Advocates (Professional Conduct) Regulations.
Competent, prompt and diligent legal advice is crucial as an ethical consideration as each
advocate is expected to be well equipped with all relevant legal requirements to advise
each client on matrimonial requirements accordingly.
 Lawful legal fees
Regulation 28 of the Advocates (Professional Regulations) Regulations is to the effect
that an advocate must not charge a fee below the specified fee under the Advocates
(remuneration and taxation of costs) Rules. This is done in order to prevent cancellation
of the contract or agreement for under payment. The Advocate is not supposed to exploit
the client as an economic opportunity and over bill them
 Balancing the client’s needs and abiding by the law.
The client’s needs ought to be consistent with the law as an advocate cannot perform
outside the confines of the law. Where the client’s instructions are in abuse of the law,
and advocate ought to withdraw from representing such clients as provided in Regulation
3 (1) (b) of the Advocates (Professional Conduct) Regulations S.I 267-2 which is to
the effect that an advocate may withdraw from representing a client where the client
instructs the advocate to perform professional misconduct.
Duty to not exploit the client
Regulation 11 of the Advocates (Professional Conduct) Regulations S.I 267-2 ) is to
the effect that an advocate shall not exploit the inexperience, illiteracy, lack of
understanding or any personal shortcoming of a client for his/her personal benefit of any
other person.

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 WORKSHOP 2

Learning Outcome 1: Advise on the different types of co-ownership of land and the
attendant implications of each of them.

A. Law Applicable:
- Article 26 of The Constitution of The Republic of Uganda 1995 as amended
- Section 56 of the RTA cap 230
- Section 57 of The RTA [joint tenants may hold land upon a transfer without the
right of survivorship by endorsing the words "no survivorship" on the transfer or
lease; after the words “no survivorship” have been signed by the Registrar its
unlawful for any persons other than the proprietors registered to transfer or
otherwise deal with the property without the order of the High Court.]

B. Different types of co-ownership of land and the attendant implications

- Article 26 provides for a right to own property in singular or in association.

- Section 56 of the RTA provides that two or more persons who are registered as
joint proprietors of land shall be deemed to be joint tenants and, in all cases, where
two or more persons are entitled tenants in common to undivided shares or in any
land those persons shall in the absence of any evidence to the contrary be presumed
to hold that land in equal shares

- Thus the law provides for a joint tenancy and a tenancy in common

C. JOINT TENANTS

Black’s Law Dictionary defines a joint tenancy as a tenancy with two or more co-owners who
take identical interests simultaneously by the same instrument and with the same right of
possession. It elaborates that a joint tenancy differs from a tenancy in common because each
joint tenant has a right of survivorship to the other's share.

Black’s Law Dictionary further defines the right to survivorship as a joint tenant's right to
succeed to the whole estate upon the death of the other joint tenant. It is also termed as jus
accrescendi.

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 1. Conditions for Existence of a Joint Tenancy/Legal Implications

Stephen Mubiru J in the decision in Zachary John Olum v Bongomin John Odora & Ors, Civil
Application No. 120 of 2015 breaks down the law on joint tenancies as follows:

i) That whereas S.56 provides for joint tenants, this is only true where the four so-called
unities of possession, interest, title, and time exist. Destruction of one or more of the
four unities will cause a severance of a joint tenancy at law or in equity as the unity of
possession is essential to a joint tenancy

ii) In such cases, through the right of survivorship, the interest of a co-owner in a joint
tenancy will pass equally to all of the other co-owners upon his or her death.

iii) If multiple co-owners remain, the joint tenancy remains in existence, while if only one
owner survives, the entire interest in the property passes to the survivor.

iv) At common law there is a presumption in favour of a joint tenancy rather than a tenancy
in common. It is presumed that a joint tenancy is created every time there is more than
one owner of land (See Morley v. Bird (1798) 3 Ves 628).

v) This presumption is rebutted in two circumstances: by lack of one or more of the four
unities or by the use of words of severance in the conveyance such as “between” or
“equally.” This would sever the unities and convert the joint tenancy into a tenancy in
common.

vi) alienation by one joint tenant of his or her interest in a property to a third party destroys
the unities of time and title between the tenants and has the effect of converting the joint
tenancy into a tenancy in common.

vii) A joint tenancy may be severed in accordance with these 3 rules:

- Rule 1: unilaterally acting on one’s own share, such as selling or encumbering it;

- Rule 2: a mutual agreement between the co-owners to sever the joint tenancy; and,

- Rule 3: any course of dealing sufficient to intimate that the interests of all were
mutually treated as constituting a tenancy in common. If the acts and dealings of the
parties of the joint tenancy indicate an intention to treat it as property held in

69
 common and not jointly, the court will, from those acts and dealings, infer an
agreement to sever the joint tenancy.

2. The four unities

i) Unity of possession

This means that each of the co-owners is entitled to possession of any part of the land. Each co-
owner is entitled to an undivided possession of the whole of the co-owned land and none holds
any part separately to the exclusion of the other co-owners.

ii) Unity of interest

This means that the interest of each joint tenant must be identical in nature and duration.

iii) Unity of time

This means that the interest of each joint owner must rest at the same time.

iv) Unity of title

This means that the co-owner must derive from the same title/act/document. if they acquire
through a will, it should be the same will.

A.G. Securities V Vaughan [1988] 3 ALLER 1058, court held that there was no unity of title
because each of the flat sharers commenced on a different date and each commenced his or her
occupation of the flat under a different document.

D. TENANCY IN COMMON

Law Applicable;

- Art. 26 of the Republic of Uganda.

- S. 56 of the Registration of Titles Act

Tenancy in common differs from joint tenancy in that, tenants in common hold land in individual
shares. In other words, each tenant in common has a distinct share in the property. What makes

70
parties co-owners is that they all have shares in a single piece of land though the land is not yet
physically divided among them.

Because each tenant in common has a fixed share in the land, the doctrine of survivorship does
not apply. Hence, if one of the tenants in common dies, his or her undivided share of the land
passes under his or her will or intestacy. The most important feature of tenancy in common is
unity of possession.

i. Creation of tenancy in common.

Where the grant contains words of severance. The words of severance are expressions that
indicate the grantor’s intentions that each grantee should take a separate and distinct share in
property.

In Robertson v Fraser (1871) 6 Ch App 696 Lord Hartherly said, “Anything which is in the
slightest degree indicates the intention to divide the property must be held to abrogate the idea of
joint tenancy and create a tenancy in common. Examples of words which have been held to
constitute severance include “share and share alike”, “amongst”, “in equal share”, “equality”,
and “participate”

Equity will declare a TIC instead of a joint tenancy when;

- the grant contains express or implied words of severance

- there is absence of the 4 Unities except the unified right of possession
- contribution towards purchase price in unequal proportions
- commercial partnership

(Ref. To Zachary Olum v Bongomin and Ors (CA 120/2015)

ii. Characteristics of Tenancy in Common

1. No right of survivorship
2. Only unity of possession is required
iii. Occupation and Enjoyment

Given the unified right of possession between the TIC, no tenant is permitted to physically
demarcate boundaries on any part of the co-owned land for their use to the exclusion of the
others.

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- They all have the right to exercise other acts attributable to owners of land as long as there is no
interference with the equivalent rights of others.

- the notion of trespass has no meaning at common law, except where a TIC acts to physically
oust another tenant or acts unlawfully to interfere with the mutual rights of enjoyment. (Jacob’s
v Seward (1872) LR 5 HL 464, HL)

It is trite law that each of the TIC enjoys the right to;

- continue the TIC and exercise his rights

- unrestricted right of access to the property
- Enjoyment of the property on an equal basis with other TICs.
- Share any income generated by the property.

If a TIC wishes to act on their ‘share’, they must be presuming that they no longer wish to be
regarded as a TIC. Any act by a TIC operating upon his share severs their interest. The person
acting so must have intended that the act be final and irrevocable. (Zachary Olum v Bongomin
and Others above)

Courts have the means to regulate the occupation rights between the TICs.

The continuation of a TIC requires that all the tenants desire its continuation. The desire for
determination by one tenant suffices to end the whole tenancy. (Hammersmith and Fulham BC
v Monk [1992] AC 478)

72
Learning Outcome 2: Competently advise on the law and procedure for compulsory
acquisition of land
Whether the government can compulsorily acquire private land lawfully?

Article 237 (1) of the Constitution provide that land in Uganda belongs to the citizens of Uganda
and shall vest in them in accordance with the land tenure systems provided for in the
Constitution. Furthermore, Article 237 (2) (a) provides that the government may subject to
Article 26, acquire land in the public interests and the conditions governing such Acquisition
shall be as prescribed by Parliament.

Article 26(1) of the Constitution provides that every person has a right to own property either
individually or in association with others. And clause (2) further provides that no person shall be
compulsorily deprived of property or any interest in or right over property of any description
except;

a) where the taking of possession or acquisition is necessary for public use.

b) the compulsory taking of possession or acquisition of property is made under the law
which makes provision for prompt payment of fair and adequate compensation prior to
the taking of possession or acquisition of the property.

Section 2 of the Land Acquisition Act provides that in order to ascertain the suitability of any
land for public purpose, any person authorised by the minister may enter upon the land and
survey the land or do anything necessary for ascertaining its suitability for that purpose.

In Bhatt and anor V Habib Rajani (1958) EA. Public interest was defined to mean the same
purpose or objective in which the general interest of the community as opposed to the popular
interest of individuals is directly and virtually concerned.

And Section2 (2) provides that government shall pay compensation to any person who suffers
damage as a result of the exercise of the powers conferred.

In the case of Chand v The Collector (1957) AC 125. Court held that the compensation to be
made is based on the market value of the willing seller and willing buyer.

73
Section 59 of the Land Act provides for the functions of the district land bboard to include
compiling and maintaining a list of rates of compensation payable in respect of crops and also
review every year the list of rates of compensation.

In conclusion therefore the government can acquire the 50 acres of land pursuant to the
provisions of Article 26 of the Constitution and section 2(2) of the Land Acquisition Act.

2. Whether Erinest Kiwanuka and Sande Nsonga can be compensated? (Hypothetical

example from Workshop 2)

Kiwanuka is the registered proprietor of Mpigi Block 230 plot 112 measuring 50 acres. Which
implies that he has a legal interest in the land. On the other hand, Nsonga is occupying 3 acres of
the land and has been paying busulu which makes him a lawful bonafide occupant and therefore
possesses an equitable interest in the land.

Section 5 of the land acquistion Act cap 226 provides for notice of interest in the land and
states that every person that claims for an interest in the land has a right to claim for
compensation.

In Salim v Boyd and another (1971) EA 550. Court made a ruling basing on the case of
Gabriel Mbui v Mukindia Muranya civil case no.283 of 1990. Where possession was described
as a matter of fact depending on all the particular cirmustances of the case, and that the type of
conduct which indicates possession varies with the type of land. And that there must be actual
possession which requires some sufficient degree of physical occupation for the requisite period.

Section 5(3) of the Land acquisition Act provides that a notice published under subsection (1)
shall give the particulars of the land to which the notice relates and shall require all persons
having an interest in the land to appear personally or by agent before the assessment officer on a
day and at a time and place specified in the notice in order to state the nature of their respective
interests in the land; the amount and particulars of their claims to compensation for those
interests; and their objections, if any, to any plan of the land made or otherwise.

The compensation should be at per with the land market value. In Buran Chandmary v The
Collector under the Indian Land Acquisition Act (1894) 1957 EACA 125, it was held that the

74
market value of land is the basis on which compensation must be assessed. Market value of land
is the price which a willing vendor might be expected to obtain from a willing purchaser.

Likewise, the compensation should be fair, just and adequate. Inter freight Forwarders (U)
Ltd v East African Development Bank Supreme Court Civil Appeal No. 33 of 1992, it was held
that Assessing property at the current market value leads to reasonable, fair and just
compensation to deprived persons.

And further more in the case of Commissioner for Lands v Jiwagi EA (1976-1985) court held
that no withholding tax can be deducted from a payment of compensation for compulsorily
acquired property.

Also in Sheema Cooperative Ranching Society & 31 Others v the Attorney General High
Court Civil Suit No.103 of 2010, wherein the claimants were the registered owners of land in the
Ankole - Masaka Ranching Scheme. The Government compulsorily acquired their land
following a policy to restructure the ranches for the purpose of resettling landless people.
Persons were resettled on the land without payment of fair and adequate compensation to the
land owners. It was held that fair, timely and adequate compensation must be paid to persons
with an interest in the land at market value upon compulsory acquisition. Certain procedures
must be followed before compulsory acquisition can be lawful. The Government did not do so in
this case.

Other tenets of compensation were discussed in Esso Standard (U) Ltd v Samu Amanu Opio
Supreme Court Civil Appeal No.3 of 1993, where it was held that in situations where there are
fluctuations of currency, such fluctuations need to be taken into consideration in an effort to
arrive at what is adequate fair compensation.

In Uganda Electricity Board (UEB) v Launde Stephen Sanya Court of Appeal Civil Appeal
No.1 of 2000, UEB, The Court held that UEB contravened Article 26(1) (2) and Article 237 of
the Constitution by entering and taking possession of private land without acquiring it and
paying compensation to the affected parties. UEB should have first notified the owners of the
land before taking over the land which they did not do.

3. What is the procedure that should be followed by the government in acquiring the land
in question?

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The procedure for land acquisition by the government is provided for under the Land Acquisition
Act cap 226 and emphasized in the case of Sheema Cooperative Ranching Society v Attorney
General HCCS 03/2010 to be as follows;

a) Making of a declaration on the land that is needed.

Section 3 (1) of the land Acquisition Act provides that where a minister is satisfied that any land
is required by government for public purpose, he or she shall by a statutory instrument make a
declaration.

The Law Development Centre –vs- Dan Wasswa Serufusa; HC CS No.724 of 2013 where the
then Minister of Lands, Housing & Surveys exercising powers conferred by the land acquisition
Act declared land measuring approximately 4.05 hectares in Kyadondo, Mengo, comprised in
Plots Nos. 34, 89, 154-166, 170, 221-222, 245, 450-451, 464-467, 481-482, 507-508, and 510-
511 to be land required by Government for a public use.
Sub section 2 describes the instrument made to include; the location of the land, the approximate
area of the land and a plan of the land including thale time and place which it may be inspected.

Subsection 3 provides for a copy of the declaration to be served to the reqistered proprietor of the
land and if the proprietor is not around then to the occuppier of the land.

In the case of Kuldap Quratina v Law Development Center (1975) H.C.B 296 Court held that
the Statutory Instrument ought to be issued before the acquisition it cannot come subsequent to
the acquisition.

b) The land is then marked out.

Section 4 of the Act provides that on publication of a declaration, the assessment officer shall
cause the land to be marked out and measured and plan to be made if it had not been made.

c). Notice to persons.

Section 5(1) is to the effect that the assessment officer shall cause a notice to be published in the
Gazette and exhibited at convenient places on or near the land.

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The notice given shall give particulars of the land to which it relates and shall require all persons
having interest to appear before the assessor in person or by agent on the day and time agreed
upon as per subsection 3. The reasons for appearing are;

 To state nature of their respective interests in land.

 The amount and particulars of their claims to compensation for those interests.
 And to state their objections if any.

It is also important to note that the date for appearing shall not be later than 30 days after
publication of the notice. And a copy of every notice has to be served to the registered proprietor
or the occupier.

d). Making an inquiry and award.

Section 6 provides that where the notice is published, the assessment officer shall on the day
specified in the notice proceed to hold an inquiry into claims and objections made and thereafter
make an award specifying;

 True area of the land.

 Compensation which in his or opinion should be allowed for the land and
 The apportionment of that compensation among all the persons known or believed by
him or her to have an in interest in land.

In the case of Chand v The Collector (1957) AC 125. Court held that the compensation to be
made is based on the market value of the willing seller and willing buyer.

After making the award, the assessment officer shall cause a copy to be served to the minister.
And the government shall pay compensation in accordance with the award after the expiry of
time for appeal.

Section 13 where an award is made under Section 6, any person awarded or claiming that he or
she should have been awarded compensation may within 60 days of the date of the award appeal
to the High Court by way of objection to any of the following;

 the total amount of compensation awarded

 the apportionment of the compensation

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  any failure of the assessment officer to include him or her in the apportionment

e). the last stage is taking possession.

Section 7 provides that where a declaration has been published in respect of any land, the
assessment officer shall take possession of the land as soon as an award has been made.

Elsewhere, Section 12 further provides that where land is acquired in pursuance of a declaration
and a person having an interest in the land makes a claim for compensation which is in the
opinion of the Minister unreasonable or excessive, the Government may acquire under this Act
the severed portion of the land or the whole of the land of which the land first sought to be
acquired forms a part, notwithstanding the fact that only the land first sought to be acquired is
needed for a public purpose.

However, in the case of Uganda National Roads Authority (UNRA) v Irumba and Magelah
Peter SCCA no. 12 of 2014. The government acquired land compulsorily for purposes of
upgrading the Hoima road. UNRA took possession prior to compensating the deprived persons.
In court’s ruling Section 7 was declared unconstitutional and was nullified on grounds that it
contravened the provisions of Article 26 which provides that government can only take
possession where it has adequately compensated persons with interests in the land.

In conclusion therefore the government can lawfully acquire land in mpigi Block 230 plot 112 if
it follows the provisions of Article 26 which provides that it should first compensate parties with
interests prior to taking possession.

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Learning Outcome 3: Competently advise on the procedure for acquiring access to a road
and to apply for land and cause to be entered on the land register, grant of an access to a
road and to appropriately pursue the remedies of a party aggrieved by the grant.
Competently advise on the procedure for acquiring an access to a road and to apply for
and cause to be entered on the land register, a grant of an access to a road and to
appropriately pursue the remedies of a party aggrieved by the grant.

Easements/ Access to roads

Mugambwa describes an easement as a right attached to a particular piece of land that entitles
the owner of that land either to use the land of another person in a particular manner or to restrict
that other person’s use of his or her land to a certain extent. In Mugisha Stephen V Karugaba
Yostasi HCCS LD 0050 of 2013 an easement was defined to mean an interest inland owned by
another person with the right to use or control the land, or an area above it, for a specific limited
purpose. This can essentially be explained to mean a right of a second party to use another
person’s land with limit.

Salient features of easements

An easement is an interest in land and subject to the principle of indefeasibility, is enforceable

against any proprietor of the servient land. A right over anothr’s land is not automatic, it must
satisfy certain essential features of an easement ie;

1.)That there must be a dominant and servient land this means the right cannot be given unless it
is connected with a dominant land that belongs that belongs to the right to whom the person is
being given

Tenement/piece of land (property that uses an easement over another property) and a servient
tenement/piece of land (the land that is subject to an easement and benefits another land).

2.) The easement must accommodate the dominant tenement that’s to say the easement must
confer a benefit on the dominant tenement. For an easement to accommodate the dominant land,
the servient land should be close enough to the dominant land to confer a practical benefit on it,
this however does not necessarily mean that they must be adjoining. In Re Ellenborough Park

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[1956]3 All ER 667, court stated that it must be shown that the right was connected with the
normal enjoyment of the property.

3.) The dominant and servient tenements must not be both owned and occupied by the same
person. The reason is that an easement is a right exercised over another person’s land for the
benefit of one’s land.

4.) The right must be capable of forming the subject matter of a grant. Firstly, there must be
a capable grantor and capable grantee. Secondly the right granted must be capable of reasonable
definition. Thirdly the right must be within the general nature of rights capable of existing as
easements.

(See mugambwa pg.129-131)

Easements may be created by statute, express grant or reservation and by implied reservation or
grant. They can also be created by way of necessity, implication from the party’s agreement and
by prescription.

a) Easement by statute

A statute may authorize, usually a public authority to create easement for carrying out their
activities. Easements created by statutes need not have a;; the essential characteristics of
easements.

b) Easement by implied grant or reservation

Where a person grants part of his land to another person, the courts will imply an intention to
grant that other person all quasi-easements pertaining to such land. A quasi-easement is a
continuous and apparent easement which is necessary to a reasonable enjoyment of the land at
the time of the grant used by the landowner for the benefit of that part (shah champshi Tejshi and
ors vs AG of Kenya [1959] EA 630 at 638).

Where and instrument does not reserve an easement in favor of the land retained by the vendor,
court are reluctant to imply reservation in favor of that land. This emanates from the maxim that
a grantor shall not derogate from his grant. In Wheeldon vs Burrows [1874-80] All ER Rep 669
court held that with the exception of necessity and an intended easement a reservation of an

80
easement could not be implied in favor of the land retained by the grantor. If a grantor wants as
easement in favor of the land retained, he or she must expressly do so.

c) Easement by way of necessity

The easement arises by operation of law because it is a matter of necessity and vital to the
effective ownership of that part of land that the owners should have access to it, otherwise the
land would not be of much use to him or her. Barclays Bank D.C.O V Patel [1970] EA 88(CA)
court held that the fact that the certificate of title did not mention the right of way was immaterial
because parties do not create an easement of way of necessity.

Unlike other easements this one need not be registered.

-An easement of necessity does not arise if there is an alternative means of access.

-It must exist at the time of grant and not merely arise later. (Barclays bank vs Patel)

-the owner of the servient is not entitled to compensation.

d) Intended or implied easement

An easement that is required to carry out the intention of the grantor and grantee will be implied
even though not expressly provided for, reserved or granted.

e) Easement acquired by long user or subscription

At common law, an easement may be acquired by prescription or long use even though there
may not be evidence of grant of the easement. (Nambula Kintu vs Kamira CA No.26 of 1973)

Access to a public road

A public right of way is not an easement because the right is dedicated to the entire public
irrespective of connection to any dominant land and thus an easement enjoyed by the public is
unknown to law as held in Makumbi and another v Puran Singh Ghana and another [1962]
EA 331.

Section 3 of the Roads Act, 2019 defines right to way to mean the right to use a public road.

81
Article 43 of the Constitution of the Republic of Uganda provides that, in the enjoyment of the
rights and freedoms described in the constitution no person shall prejudice the fundamental or
other human rights and freedoms of others or public interest while enjoying their rights.

Procedure to access the road

1. Negotiation with neighbors/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 road through private
property.

It provides that,

(1) Where the owner of any land is unable, through negotiations, to obtain leave from
adjoining landowners to construct an access road to a public road, 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.

There must have been failure of negotiation. Section 62(1) of the Act provides that the owner of
the land should be unable to obtain leave from adjoining land owners through negotiation to
construct a road of access to the public road.

(2) The Minister may, in consultation with the relevant road authority, grant leave to
construct an access road.

(3) The minister shall, before granting leave to construct an access road under subsection (2),
ensure that an applicant compensates the adjoining landowner.

(4) An application under subsection (1) shall be in a manner prescribed by regulations.

In this case minister means the minister for roads.

Mugisha Stephen v Karugaba Yostasi HCCS LD 050 of 2013. Held; The objective of the
Access to Roads Act, as is stated in the long title, is to provide for procedure by which a private
land owner who has no reasonable means of access to a public highway may apply for leave to
construct a road of access to a public highway and for other purposes connected with that.

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In the case of Barclays Bank V Patel. [1970] EA 88 court of Appeal of Kenya, held that, “A
way of necessity arose by operation of law and continues to exist for as long as the necessity
exists notwithstanding that it was not referred to in the certificate of title to the servient
tenement, and cannot be defeated unreasonably.

Therefore, on must write a formal letter to the minister responsible for roads.

However, since the High court has unlimited jurisdiction, the matter can be brought before it.

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 direction no.1 of 2006. However, since the matter
is now before Court and not tribunals, court cannot be moved by a form. It has to be a notice of
motion supported by an affidavit.

PS: (Procedure for registration of easements and remedies for a party aggrieved by grant
to be added later)

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Learning Outcome 5: Apply for a vesting order on account of one’s adverse possession

Under Section 59 RTA registered proprietor of land is protected and his or her title is in absence
of fraud and other infirmities indefeasible. However, the doctrine of adverse possession acts as
an exception.

Adverse possession is a legal theory under which someone who is in possession of land owned
by another can actually become the owner if certain requirements are met for a period of time
defined in the statutes of that particular jurisdiction. Adverse possession was historically used as
a means of encouraging people to bring unused or uninhabited land into productive use.

According to the Black’s Law Dictionary by Byan A. Garner 9th edition page 62 adverse
possession is the enjoyment of real property with a claim of right when that enjoyment is
opposed to another person’s claim and is continuous, exclusive, hostile, open, and notorious.

In John Oitamong V Mohammed Olinga (1955) HCB 86 it was held that limitation is a shield
and not a sword. That where a person is in possession of land for over 30 years (now 12) and
land from him, which amounts to acquiescence. It is inequitable to allow him to disturb that
possession.

In the case of Jandu vs. Kirpal & Anor [1975] EA 225 at 323, in which the court relied on the
definition adopted in the case of Chundra vs. Kally Posonno [1878] 4 Cal.327 at p. 329; adverse
possession was defined to constitute possession by a person holding the land on his own behalf,
[or on behalf] of some person other than the true owner, the true owner having immediate
possession. If by this adverse possession the statute is set running, and it continues to run for
twelve years, then the title of the owner is extinguished and the person in possession becomes the
owner.

In the case of Salim v Boyd and another [1971] 1 EA 550, the applicant applied for an order
registering him as the proprietor of a plot of land in the ground that he had been in possession of
it for twenty years. It was held the applicant must prove that he has had exclusive uninterrupted
possession of the land for 12 years and without fraud and an order for registration of the
applicant as owner was made.

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Requirements for adverse possession

a. Actual possession; it’s a function of the type of property location and uses paying taxes
may or may not be required as proof.
b. Open and notorious: the adverse possessor’s use of the property is so visible and apparent
that it gives notice to the legal owner that someone may assert claim.
c. Exclusive: adverse possessor holds the land to the exclusion of true owner.
d. Hostile or adverse: used without true owner`s permission and inconsistent with true
owner`s rights.
e. Continues: the adverse possessor must show that property was used continuously for the
entire limitation period. Must use as a true owner would for that time.

PROCEDURE

S.78 of the RTA provides that any person who claims that he or she has acquired a title by
possession to land registered under the RTA may apply to the registrar for an order vesting the
land in him or her for an estate in fee simple of the other estate claimed.

a) Apply to the register/ commissioner for a vesting order (S 78 of the act)

b) The application should be in writing in the form or to the effect of the 6th schedule to the
Act. The application should be signed by the applicant attested to by at least one witness
being a person mentioned under section 147 of the RTA. It should be supported by a
statutory declaration by the person signing it that the several statements in it are true and
accompanied by a survey plan (with field notes) of the land. (S.79 RTA)
c) When the application is not rejected by the registrar under S.80, the registrar shall
advertise notice of the application at the expense of the applicant at least once in the
Gazette. The registrar will also give notice to any person that he deems fit.
d) This notice is given to every person appearing by the Register book to have any estate or
interest in the land or in any encumbrance notified on the title of the land (section 81
RTA).
e) The applicant shall cause the same notice to be posted on a conspicuous place on the land
or such place as the registrar may direct for a period not less than three months before
grant of the application. Section 82 RTA

85
 f) The commissioner appoints a time not less than 3 months nor more than 12months from
the publication of the advertisement or service of notice of application at or after the
expiration of which grant the application altogether or in part. Section 83 RTA.
g) Contents of the notice; Volume and Folium of the Title and any mortgage or lease
registered as an incumbrance on the title the subject of the application. Dated and served
in a registered letter marked “office of titles” posted to each person to be served or their
address if any stated in the register book, subject to section 191 of the RTA (change of
address)
h) Section 84(2) RTA – the registrar shall cause a copy of each notice to be filled with a
memorandum of the notice which shall be sufficient evidence that the notice was sent.
i) Section 85 RTA – powers of the registrar to deny grant of the application in whole or in
part.
j) Section 86 RTA – caveat forbidding grant of application shall be in the form and subject
to the same provisions with the same effect with respect to the application as a caveat
lodged against bringing land under the operation of the RTA.
k) After the expiration of the time appointed, the commissioner of satisfied that the
applicant has acquired a title by possession may cancel the existing certificate of title and
any instrument, entry or memorial in the Register Book altogether or to such extent and
issue to the applicant a new certificate of title free from all encumbrances appearing by
the register book. (Section 87 RTA).
l) Under S. 89 the commissioner shall on granting the application make entries in the
register similar to those entered by virtue of a vesting order by court under S. 166.
m) S.91 provides that (1) any certificate of title issued by the registrar upon the granting of
any application under this Part of this Act shall be issued and registered in the manner
prescribed by section 37, and thereupon the person named in the certificate of title shall
become the registered proprietor of that land. (2) The certificate shall be dated the date of
the granting of the application by the registrar

There upon the person named in the certificate of title becomes the registered proprietor of the
land. (Section 91(1) RTA).

Fees payable

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22nd Schedule of the RTA

Item 1 – Issue of certificate of title – Ugshs. 10,000

Item 3(e) – any dealing necessitating the registrar to dispatch through the post office by
registered mail – Ugshs. 5,000

Item 7 - every application under Section 78 - 0.5% of the value of the land.

Item 22 – for an act or thing not hereinbefore provided for in the RTA – Ugshs. 10,000

Advertisement in the Gazette

Item 20 - For certified copies of any certificate of title or registered instrument, per foolscap page
or part of its 2000/=

Documents required.

 The Application for a Vesting order under Section 79 of the RTA

 The Statutory Declaration

87
 THE REPUBLIC OF UGANDA

IN THE MATTER OF THE REGISTRATION OF TITLES ACT CAP 230

AND

IN THE MATTER OF LAND COMPRISED IN KYAGGWE, BUIKWE DISTRICT,

KNOWN AS BLOCK 24 PLOT 45

IN THE MATTER OF AN APPLICATION FOR A VESTING ORDER

VESTING ORDER

To: - The Registrar of Titles

I, KUNYA PAUL of P.O. Box of 116, Buikwe district, apply for a vesting order vesting in me
all that piece of land being Block 24 Plot 45 Kyaggwe, Buikwe District measuring 30 acres
(describe land by reference to description in and volume and folio of existing grant, final mailo
certificate or certificate of title) which land is delineated colored red upon the plan numbered in
the schedule to this application for an estate free from incumbrances (other than any special
reservation, exception or condition in the grant, final mailo certificate or certificate of title); and
I decree-

1. Set forth particulars of the possession on which the claim is based—

a. the date on and circumstances in which the possession commenced;
b. the name of the person by whom the possession was commenced;
c. the duration of his or her possession and the nature thereof; and
d. the subsequent history and nature of the possession up to the time of lodging the
application.
2. That there are no documents or evidences of title affecting such land in my possession or
under my control other than those included in the Schedule to this application.
3. That there are no mortgages or incumbrances registered on the abovementioned title
except the following (Set out short particulars and state whether these mortgages or
incumbrances have been extinguished or ceased to affect the land and, if so, how)

88
 4. That except as aforesaid I am not aware of any mortgage or incumbrance affecting the
land or that any person other than myself has any estate or interest in the land (if there are
any add “except” and set them out)
5. That the names and addresses so far as known to me of the occupiers of all lands
contiguous to the land are as follows;
6. That the names and addresses so far as known to me of the owners of all lands contiguous
to the land are as follows;
7. That the present value of the land, including all improvements on it, does not exceed
Ugshs…………………………….

Dated this………………… day of ………………., 2022

Made and signed at ………………………… by; …………………………

KUNYA PAUL

In the presence of

…………………………..

MASABA ANDREW

(Advocate)

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Statutory declaration

THE REPUBLIC OF UGANDA

IN THE MATTER OF THE REGISTRATION OF TITLES ACT, CAP 230

AND

IN THE MATTER OF AN APPLICATION OF VESTING ORDER

(Under section 78 and 79 of the Registration of Tiles Act Cap 230)

SATUTORY DECLARATION

I, KUNYA PAUL of C/o M/s Firm X Advocates, P.O. Box 7117 Kampala do solemnly and
sincerely state as follows;

1. That I am a male adult Ugandan of sound mind with capacity to make this declaration
2. That I have been staying on the land comprised in Kyabogo in Kyaggwe, Buikwe District
Block 24 Plot 45 measuring 30 acres situate at Kyabogo Buikwe district since 1980.
3. That I have been in exclusive possession of the said property for the last 40 years uncontested
by anyone.
4. That the said land is registered in the name of Zaidi Mugerwa of P.O. Box 111, Kampala.
5. That I hereby make oath in support of my application for a vesting order in respect of the
above-described land.
6. Whatever I have stated herein is true and correct to the best of my knowledge.

Declared at Kampala this …………… day of ………………2022

By the said KUNYA PAUL …………………………….

DEPONENT

BEFORE ME

………………………………………………

COMMISSIONER FOR OATHS

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Learning Objective 3: Invoke the remedies available to people with interests in land which
is will be compulsorily acquired by Government. (To be added later)

Learning Objective 6: Recognise and appropriately deal with the ethical dilemmas that
may arise in executing instructions in the areas covered by this Workshop.

In addition to the ones discussed under Workshop 1

i. Diligent and competent service.
Every advocate has a duty to perform their services diligently and competently. Regulation 12
of the Advocates (Professional Conduct) Regulations is to the effect that every advocate must
advise his/her clients to their ability and interest.
ii. Disclosure
Disclosure is the act or process of making known something that was previously unknown.
Further-still, there must be a proper undertaking on the payment of professional fees to avoid the
temptations into cheating the client either off certain disbursements on expenses incurred in the
execution of their role. It’s a duty of the lawyer to disclose everything that has arisen from his
due diligence that would form the basis of decision making by the client. An advocate is under a
duty not to withhold anything that has come to his knowledge concerning the client and the
transaction at hand as long as failure to disclose may act to the detriment of the client as it was in
the case of David Sejjaka V Rebecca Musoke No.12/1985, where a lawyer withheld information
about the land ownership which was imputed on the client as constructive notice. The disclosure
could be regarding the need for spousal consent in this context or prior existing interests.
iii. Lawful fees
Regulation 28 of the Advocates (Professional Conduct) Regulations provides that an advocate
must not charge a fee which is below the specified fee under the Advocates Remuneration and
Taxation of costs rules.
iv. Undervaluing stamp duty
While assessing the amount payable as Stamp duty under the Stamps Act, the temptation of
under declaring and payment of less the prescribed fee was found to be an element that nullified

91
the alleged transfer in Wakanyira George v Ben Kavuya & Global Capital Save (2004) LTD
HCCS No.540 of 2006.
v. Balancing the client’s needs and abiding by the law.
An advocate must always ensure that the law comes before a client’s needs. Regulation 3(1) (b)
of the Advocates (Professional Conduct) Regulations is to the effect that an Advocate may
withdraw from representing a client where the client instructs the advocate to do anything which
leads to professional misconduct.

92