LAND TRANSACTION WEEK 10

WORKSHOP 1
FIRM D 1

Group 1
Byiringiro Jackline
Musigire Charles
Kasozi Dickson
Nabirye Rehma
Paul Emmy Galandi

I) identify the features on Certificates A B and C.

A person can own property either individually or in association with others per Article 26(1) of
the Constitution of the Republic of Uganda, 1995. And the certificate being conclusive as to
his/her title according to Section 59 of the Registration of Titles Act, Cap 230

CERTIFICATE A
Features (Page 1)
The Cover page the certificate on the first page. Thereon contains the title and law, the
‘REGISTRATION OF TITLES ACT’ establishing title ‘CERTIFICATE OF TITLE.
The District, County, Block and Plot and;
The office that issued the Title

Entries (page 1)
On District Wakiso, County Busiro, Block 200 and Plot 1025
The office of issuance; Wakiso, office of the Registrar.
Features (page 2)
Part I (Land Description)
Part II (Ownership)
Part III (Encumbrances)

Entries and implications (page 2)

Part I (Land Description)
Mailo is located at Mende. Also the signature of the Registrar.
Part II (Ownership)
The Date of Registration as 01.06.2016 8.35AM, the instrument numbers as WAK –
OOO78954 the chain of proprietors and registered proprietors Eva Okello and Simon Okumu
P.O. Box 120 Kampala (as Joint Tenants). and the Registrar's signature.
Part III (Encumbrances) "A2"
The date of Registration as 13.08.2020 2:45PM, the instrument numbers as WBU-00356787, the
encumbered instrument as Lease for twenty years with effect from 17.01.2020 to M/s
SIMODEX LOISTIC (UGANDA LIMITED) whose certificate of incorporation Number is
60030000603312 of P.O.BOX 2456 Wandegeya and the Registrar's signature.

CERTIFICATE "A3"
Features
Part I (Land Description)
Part II (Proprietors)
Entries
Part I (Land Description)
Piece of land delineated and edged in red on the deed plan a requirement under Section 25 of the
Survey Act, Cap 232, Section 152 of the Registration of Titles Act, Cap 230A, and Section
136 of Physical Planning Act to determine the boundaries of the land;
The District Wakiso, County Busiro, Block 200, Plot 1025, Land Hectares 0.7860
Part II (Proprietors)
The Date of Registration as 13.08.2020, 9:10AM, and the Instrument number as WBU-0035678.
The Registered proprietor as SIMODEX LOISTIC (UGANDA LIMITED) whose certificate
of incorporation Number is 60030000603312 OF P.O.BOX 2456 WANDEGEYA;
The signature of the Registrar
CERTIFICATE B
Features (page 1& 2)
The Title Certificate of Title and Law establishing the title Registration of Title.
Description of Land; the Volume and Folio, Block, Plot, Estate, District, Location and Area.
The terms.
Proprietorship
The Date of Registration and instrument numbers.
The chain of proprietors and registered proprietors.
And Registrar's signature

Entries (Page 1&2)

Security barcode
Description of Land as leasehold, Block number Nakawa Division Block Church Road, Plot
number 4A, Estate name Mbuya, District Kampala and area 0.199 Hectares.
The terms that the Lease it's for 49 years from 1st day of September 2008 and; the covenants
and conditions contained or implied in lease Number KDLB 12/5.1/2017
The Date of Registration being REGD. 30.10.2010 and instrument numbers being KCCA-
0075318
The chain of proprietor’s previous owner Okello Sunday from P.O.BOX 24084, Kampala and
current registered proprietors as Yellow Telecom limited of P.O.BOX 7512, Kampala.
And Registrar's signature

CERTIFICATE (Page 3)
Features
The Cover page the certificate on the first page. Therein contains the title and law, the
‘REGISTRATION OF TITLES ACT’ establishing title ‘CERTIFICATE OF TITLE.
The Volume, Folio
Entries on the cover page
Signatures of the Chairperson and the Secretary
The tenure as leasehold
The Volume as KCCA 340 and Folio as 6.

Features (page 4, 5 and 6)

Reference and Minute Reference
The office of issuance of Lease
The terms and Covenants
Attestation
Blue print
Entries (page 4, 5 and 6)
Reference as 452001 and the Minute Reference as 12/5/2007
The parties as; Kampala District Land Board (lessor) and Okello Sunday of P.O.BOX 24084
Kampala.
The terms as a lease for 49 years commencing on 1st September 2008 and Covenants as to
observe and perform all conditions etc
Security bar code
Attestations by Okello Sunday, Chairman and Secretary Kampala District Land Board and
Ruth Kijjambo as witness; with stamps.
Blue print; of the land in Kampala Nakawa_Division Plot 6A Church Close, Ref Number RD
4837

CERTIFICATE "C"
Features (Page 1& 2)
The Title Certificate of Title and Law establishing the title Registration of Title.
Description of Land; Plot, District, Location and Area.
The terms.
Proprietorship
The Date of Registration and instrument numbers.
The chain of proprietors and registered proprietors.
And Registrar's signature
Entries (Page 1 & 2)
Description of Land as leasehold at Ntinda Plot 437, District Kampala and area 0.199 Hectares.
The terms that the Lease it's for 49 years from 1st day of September 1962 and; the covenants
and conditions contained or implied in lease.
The Date of Registration being REGD. 25/10/2006 and instrument numbers being 37860.
The chain of proprietors previous owners from Patrick Moga P.O.BOX 7664, Kampala and
current registered proprietors as Brenda Komugabe Ariko of P.O.BOX 445195, Kampala.
And Registrar's signature
Features (page 3, 4 and 5)
Reference
The office of issuance of Lease
The parties
The terms and Covenants
Attestation
Blue print
Entries (page 3, 4 & 5)
The Reference being 38067
The office of issuance of the lease being the Uganda Land Commission
The parties are Uganda Land Commission as the lessor and Patrick Moga of P.O.BOX, 7664
Kampala.
The terms and covenants that; consideration is 80,000/= shillings yielding and paying yearly,
Observing all conditions and covenants of the lease etc
The Deed plan (Blue print) is land delineated marked with red showing the boundaries of the
land registered.
Attestation; it's signed by Chairman/Mayor with common seal of the Uganda Land Commission
and Patrick Moga; and attested to by Zeb Oliver Okurut.

II) The Entries and legal implications on the Certificates A, B and C.

Ownership/Proprietor
This show the person who is the owner and as paramount per Section 64 of the Registration of
Titles Act, Cap 230, Such Certificate is conclusive evidence per Section 59 of the Registration
of Titles Act, Cap 230; The proprietorship can be of a Joint tenant where two or more persons
register as joint proprietors per Section 56 of the Registration of Titles Act, Cap 230, and also
Proprietor can be of a fee simple estate per Section 76 of the Registration of Titles Act, Cap
230
Covenants and Conditions
These are terms under which the agreement is signed, like the consideration of rent if breached,
there can be termination or damages per Section 102 of the Registration of Titles Act, Cap
230.
Description of Land
It describes tenure under which the title is taken, say Certificate A is taken from Mailo Article
237(3) (c) of the Constitution of Republic of Uganda, 1995 as amended and Section 2(c) of
the Land Act, Cap 227 Certificate B & C are from leasehold per Article 237(3) (d) of the
Constitution of Republic of Uganda, 1995 as amended and Section 2(d) of the Land Act,
Cap 227.
Parties to a lease
This creates the contract created per Section 3(5) a, b, c, d of the Land Act, Cap 227 on
incidents of a lease.
Volume and Folio:
For proper entry in the Register, search and identifications as needed in Sections 38(3) (6) of the
Registration of Titles Act, Cap 230 and that shall be taken duly entered in Register Book per
Section 46(1)(a) of the Registration of Titles Act, Cap 230
Area of the land location:
It shows where the land is found, the location also helps the registrar in organizing the register
book. Say, if land less than an acre can be omitted from the title it's not fatal per Section 44 of
the Registration of Titles Act, Cap 230 but needs to be registered. And such need to be
registered per Section 38(5) (a) of the Registration of Titles Act, Cap 230
Plot and Block number:
These are for descriptive purposes, showing the approved plan by the commissioner of lands and
survey per Section 38(5) (b) of the Registration of Titles Act, Cap 230. And the registrar
enters upon the certificate a reference to the volume and Folio number or Block and Plot number
of the land certificate registered per Section 46(1)(a) (b) of the Registration of Titles Act, Cap
230
Instrument Number, Date and Time
This helps in prioritizing interests in the instrument. As the instruments purports to affect the
estate or interest from the date of registration per Section 48(1) of the Registration of Titles
Act, Cap 230.
Incumbrances:
This is a notice of interest of any form in land per Section 1(7) of the Registration of Titles
Act, Cap 230. And any person with such interest in land, can lodge a caveat per Section 20 (1)
of the Registration of Titles Act, Cap 230 and an application to stop issuance of the title per
Section 86 the Registration of Titles Act, Cap 230
Deed plan (Blue print)
This is a computerized carto graph showing the location and boundaries of the land, this
mutation form is usually made on the application for subdivision of land per Section 152 of the
Registration of Titles Act, Cap 230 and survey in Section 136 of Physical Planning Act.
The Seal, Signature and Barcode
This is meant for authentication of the title and security purposes respectively and even search,
this highlighted in Section 5 of the Registration of Titles Act, Cap 230.

Group 2
1. Ikee Mary
2. Achol Jolly
3. Robert
4. Ainebonyona Martin
5. Nyendwoha Emmanuel
BRIEF FACTS
Simon Kaggwa a Ugandan and Mark Jergens a German national are shareholders in M/S
Marksim Herbal Ltd. in which Mark Jergens holds 58% shares and Simon 42% shares. The two
wish to start producing a wide range of pharmaceutical and women’s beauty care products from
herbal plants in Uganda. They grow these plants on Kaggwa’s land in Luwero District and have
decided that this company should by 25 acres of land known as freehold register volume MKO
1788 folio 23 plot 20 block 55 at Musamya in Buikwe District, registered in the names of Allan
Kasujja and Nantongo Felisity of P.O.BOX 1 Kyambogo.
LEGAL ISSUES
1. What are the practical steps to take in order to ensure that the company lawfully buys and
acquires a legal interest in the land?
2. What are the steps to take supposing Kaggwa and Jergens decide the company should
buy 10 acres instead of 25 acres?

LAWS APPLICABLE
1. The 1995 Constitution of Uganda as amended.
2. The Registration of Titles Act CAP. 230
3. The Land Act CAP 227(as amended)
5. The Physical Planning Act of 2010, No. 8 of 2010
6. The National Environment Act CAP 153
7. The Public Health Act CAP 281
8. The Stamps Act CAP 342
RESOLUTION OF ISSUES
ISSUE 1. What are the practical steps to take in order to ensure that the company lawfully
buys and acquires a legal interest in the land?
Rule 2(2) of the Advocates Professional Regulations S1. 267-2 provides that an advocate shall
exercise due diligence at all times when handling client’s matter. Rule 12(2) further provides that
an advocate shall not advise a client to enter into a transaction which he knows a reasonable
advocate would not advise them to enter as not being in their best interests.
According to Article 26 of the Constitution provides that “Every person has a right to own
property either individually or in association with others.”
Art 237 (1) of the constitution of the Republic of Uganda, 1995 provides that land in Uganda
belongs to the citizens of Uganda and shall rest in accordance with the lad tenure system
provided for in this constitution.
Art 237(3) of the Constitution 1995 provides that land in Uganda shall be owned in accordance
with following land tenure systems.
a) Customary
b) Freehold
c) Mailo and
d) Leasehold.
Art 237 (2)(c) of the constitution , 1995 provides notwithstanding clause (1) of this article,
noncitizens may acquire leases in land in accordance with the laws prescribed by parliament and
the laws so prescribed shall define a non-citizen for the purposes of this paragraph.
Section 40(1) of the Land Act Supra, provides that subject to article 237 (2) (c) of the
constitution, a noncitizen may acquire a lease in land in accordance with this section.
Section 40 (2) of the Land Act stipulates that a lease of five years or more acquired by a
noncitizen shall be registered in accordance with the registration of titles Act.
Section 40 (3) of the Land Act also provides that a noncitizen shall not be granted a lease
exceeding ninety nine years
Sec 40 (3) of the land act provides that subjects to the other provisions of this section, a
noncitizen shall not own or hold mailo or freehold land.
Section 40(7) (a) of the Land Act provides that noncitizen means a person who is not a citizen of
Uganda and paragraph (b) in the case of a corporate body, a corporate body in which the
controlling interest lies with noncitizens.
From the above brief facts since Simon Kaggwa a Ugandan and Mark Jergens a German national
are shareholders in M/S Marksim Herbal Ltd. in which Mark Jergens holds 58% shares and
Simon 42% shares, we can therefore ably conclude that they cannot own land but rather acquire
a lease in the land they want to purchase for their company.
The clients are required to carry out due diligence and specific inquires in order to ensure that the
freehold register volume MKO 1788 folio 23 plot 20 block 55 at Musamya in Buikwe District,
registered in the names of Allan Kasujja and Nantongo Felisity of P.O.BOX 1 Kyambogo
intended to be acquired is legally purchasable so that in case of any claim from any persons, he
would be able to raise the defence of bonafide purchaser for value without notice.
Particulars of the land
The intending purchaser should be availed with the particulars of the subject land in terms of
description. It must have a block and plot, who is registered on the title, location of the land, how
many acres etc.
The purpose of the particulars is to enable an intending purchaser to cause a search at the
relevant land registry to confirm not only the proprietorship but also the existence of a white
page with corresponding particulars like those on the duplicate.
In the case of Uganda Broadcasting Corporation v Simba K Ltd & Ors Court found that the
purchaser did not make a search at the land registry to ascertain the proprietorship of the property
the subject of sale. And held that she had a duty and obligation to ascertain the proprietor of the
property even before attempting to bid for it. Had she done so she would have found out that the
property she was bidding for did not belong to the respondents. At least she was on full notice. It
appears that she actually was well aware of the fact that the respondent was not the registered
proprietor but she went ahead to buy the property anyway. She cannot turn around and contend
that she is an innocent purchaser for value without notice.
Search.
S. 201 of the Registration of Titles Act Cap 303 provides that any person may, on payment of the
fee for the time being payable in that behalf, inspect the Register Book during the hours and
upon the days of business.
Subsection 2 further provides that the registrar, on payment of the fee for the time being payable
for a certified copy, shall furnish to any person applying for it a certified copy of any certificate
of title, caveat or registered instrument affecting land under the operation of this Act; and every
such certified copy signed by the registrar and authenticated by the seal of the office of titles
shall be received in evidence in any court or before any person having by law or by consent of
the parties authority to receive evidence as prima facie proof of the original certificate of title.
In the case of Father Narsensio Begumisa and Ors v Erick Tibebaga SCCA No 17/2002.
Court opined that the purchaser must carry out all due diligence by cross checking the title at
hand /examine the certificate of title and all its pages to ensure that all the pages reflect the
essential features of a valid certificate of title. The intending purchaser, should therefore after
having examined the certificates of title, conduct a search at the land registry to confirm the
particulars, in regards to location, whether the cover page corresponds with part that provides
for the Block Number, County, District, and Plot Number, the purchaser should ensure that the
seal and the stamp of the registrar of titles is valid, easements on the physical land should be
checked thoroughly in part I and the Deed plan print, the signature of the purported vendor and
name and other previous owners, the name of the current owner should correspond with the
vendor. Encumbrances on the title should be brought to the attention of the client.
The procedure is that you write a formal/ordinary letter to the registrar of titles. The fees payable
on the application letter is 10,000 payable to URA under the Registration of Titles (fees)
(amendment) Rules 1998
Spousal consent.
Also the intending purchaser should find out whether the land is subject to spousal consent or if
there are any equitable interests on the land.
Section 38A of the Act as amended gives every spouse security of occupancy on family land
which means a right of access to and a right of residence therein. It provides that every spouse
shall in every case have the right to use the family land and to give or withhold his or her consent
to any transaction referred to under section 39 which may affect his or her rights. Family land is
defined to mean land on which is situated the ordinary residence of a family and inclusive of
where the family derives sustenance. If the land is family land then consent of spouse must be
availed in writing.
From the facts given the land is registered in the names of Allan Kasujja and Nantongo Felisity
of P.O.BOX 1 Kyambogo. It is therefore important to find out if the said land is family land and
if so consent is required before any transaction can take place.
Physical visit and opening of boundaries
The person must verify the authenticity of the certificate of title presented by the vendor. This is
because the registry of land is authorized under the law to create a special certificate of title
where the duplicate is misplaced, destroyed or obliterated. Where a special certificate is issued a
white page indicates so and the title itself contains the words ‘special certificate’
A certificate of title must contain the particulars of the land that correspond with the ground. It is
therefore important for the intending purchaser to cause a boundary opening to confirm whether
the boundaries are in tandem/ consistent with the particulars of the land. This is important in case
of fraud and also where there is a mistake/error on the title.
In the case of Fr. Nascensio Begumisa v Eric Tibebaga supra the appellants pleaded that they
were rightful customary owners of the suit land, which was different from, and was located about
2-3 kilometres away from the land described in the certificate of title. Court found that Block 53
Plot 9 was in Masya parish, and that the suit land was not surveyed, and that it was located in
Block 59 in Kijubwe parish. Court held that the significance of that evidence lies in the
elementary principle of the land registration system under the RTA, namely that a certificate of
title relates to only one parcel of land.
Check with the planning Authority and find out the use under which that land is put. It may be a
road reserve. S. 3 of the Physical Planning Act, the whole of Uganda is a planning area. S. 33 of
the Ct a person cannot carry out a project within a planning area without obtaining development
permission from the physical planning committee. From the above brief facts Simon Kaggwa
and Mark Jergens wish to start producing a wide range of pharmaceutical and women’s beauty
care products from herbal plants in Uganda
Check with NEMA whether such land is put under use by the authority; such land may be
declared on wet land. The clients want to start producing a wide range of pharmaceutical and
women’s beauty care products from herbal plants in Uganda. They need to find out whether such
project can be situate in that area. They will also be required to get an environment impact
assessment in respect of producing and growing such herbs for their intended purposes
Consult a surveyor in clarifying and verifying the dimensions, measurements etc on the land in
question to be very sure of what your client is going to buy. S. 2 of the Survey Act Cap 212
provides that the commissioner of lands and surveys at any time may authorize the carrying out
of any topographical survey or of any other survey specifying the local limits of the area
affected. S. 149 RTA, the registrar may require a physical survey of the land.
The purchaser should further find out third party rights (equitable interests) in the land such as
leases, bonafide occupants among others. It was further stated in David Sejjaka Nalima Vs
Rebecca Musoke, SCCA No. 12/85 that where a party abstains from making inquiries for fear
of learning the truth about a property he is purchasing, that party may be found not to be a bona
fide purchaser for value and fraud may be properly ascribed to him. The certificate of title of
property A shows that it is a mailo land. There is need to ascertain the presence of any bonafide
occupants on the property since they are protected under Article 237(8) and S. 1, 29 and 31 of
the Land Act.
After all the above is done the clients can then go ahead and create a lease
Creation of a lease.

S. 3 (5(a) of the Land Act provides that (a) Leasehold tenure is a form of tenure created either
by contract or by operation of law.
The parties can therefore enter into a lease agreement
A lease can be created over registered land. S. 101 of the RTA 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.
In every lease there are implied covenants against the lessee as laid out in S. 102 of the RTA
which include; payment of rent, keeping leased property in good and tenantable repair. There are
also implied powers of the lessor under S. 103 which include; power to enter and view the state
of the property and power to reenter and take possession in case of breach of any covenant.
Execution of the Agreement for Sale.
Having carried out all the required due diligence and inquires, the parties should go ahead and
execute an agreement for sale for the land. The agreement for sale should include the purpose of
the land and in this case it is for producing a wide range of pharmaceutical and women’s beauty
care products from herbal plants in Uganda, it should also include the duration, the payment
details such as the premium and yearly installments, the size of the agreed land which is 25
acres, the terms of termination, the automatic renewal clause, right to use land to the exclusion of
everyone else including the land owner for the duration of the grant etc.
Registration;
Sect 40 (2) of the Land Act stipulates that a lease of five years or more acquired by a noncitizen
shall be registered in accordance with the Registration of Titles Act
In order to acquire a legal interest, the lease should be registered. Section 54 of the RTA
provides that 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.
An unregistered lease at common law however operates as contract, in equity, it is an equitable
lease because equity looks at that as done which ought to be done. This is fortified by the case of
Walsh v Lonsdale (1882)2CH 9 court held that though the agreement was ineffective to create a
legal lease it was effective to bring into existence an equitable lease. In the eyes of equity the
parties were already landlord and tenant subject to the same terms and remedies they would have
had if their lease had been created by deed.
In SOUZA FIGUERIDO & CO LTD v. MOORINGS HOTEL CO. LTD (1960) EA 926 it
was held that there is nothing in the Act stating that an unregistered instrument cannot operate as
a contract inter parties; that an unregistered document operates as a contract inter parties and can
confer on the party in the position of intending lessee a right to enforce the contract specifically
and to obtain from the intending lessor a registrable lease.
The case of Mustafa Ndigejjerawa v Kizito and Kubulwamwana [1953] 7 ULR 31 wherein
Ainley.J observed in his judgment that “… No document or instrument can be registered unless it
fulfils the requirements, and no instrument (however perfectly it fulfils the statutory
requirements) is effectual to transfer any interest in land unless it has been registered…”
Therefore, Marksim Herbal Ltd. can obtain a legal interest in the land by creating a lease through
entering into a lease agreement with Allan Kasujja and Nantongo Felisity of P.O.BOX 1
Kyambogo.
There is no mandatory requirement to register the sale agreement under the law. However, it is
very vital to register such an agreement for evidential purposes in case of court proceedings or
any disputes arising between the parties. Therefore, the sale agreement can be registered under
the Registration of Documents Act, Cap 81
The agreement of sale attracts stamp duty; Section 32 of the stamp Duty Act, 2014 is to the
effect that any instrument on which a duty is chargeable is inadmissible in evidence unless that
instrument is duty stamped and duty chargeable thereon paid. This was expounded upon in the
case of Housing Finance Bank and anor V Edward Musisi (Civil Appeal-2010/22) [2011]
UGSC 26. Wherein court observed that the stump duty for the agreement of sale had not been
paid in accordance with Section 32 of the Stamp Duty Act, 2014. That notwithstanding the land
could not be transferred into the names of the buyer without paying the stamp duty and other
taxes connected with land transfers.
ISSUE 2. What are the steps to take supposing Kaggwa and Jergens decide the company
should buy 10 acres instead of 25 acres?
In order for Kaggwa and Jergens to buy the 10 acres of land instead of 25acres the land will have
to be subdivided.
The following are the steps to be taken;
The registered owners of the land will have to sign mutation form authorizing particular piece of
land to be parceled out from the mother title.
Get registered surveyor to sign on the mutation form for purposing of subdividing that piece of
land.
The surveyor opens the boundaries of the piece of land being subdivided, parcels out the exact
piece by measuring the area (size) from all ends of the land.
The survey then reduces the measurements on paper showing both the size of land being
parceled out the residue (the remaining land).
Obtain form PPA (Under the Physical Planning Act, 2010) from a physical planer at local
authority fully filled by the registered owner, dated and signed by all the necessary Parties.
Have the mutation form assessed by cashier for purposes of paying fees.
Pick assessed bank slips and pay as advised.
Take back the mutation form to cashier for purposes of acknowledging payment of the fees by
stamping on the mutation form.
Present fully filled mutation form with an Area Schedule, Receipts of checking fees, Deed Plan
fees, and photocopy Certificate of title and passport photographs to district senior staff surveyor
to pass it and give instrument number to survey that piece of land.
The mutation form together with accompanying documents is forwarded to ministry senior staff
survey at land registry for approval.
Once the documents are approved by the ministry senior surveyor, they are forwarded to the
drawing office.
At the drawing office Cartographer makes drawings of the both the piece of land being parceled
out and the residue.
The Cartographer then plots the parceled piece of land and forwards it for posting to Department
of land mapping and survey.
The deed print/plan is then posted to Department of land mapping and survey then forwarded for
posting to the ministry of lands.
The deed print/plan or blue print (now it is white) is then posted to the ministry of lands and
forwarded for printing
The deed print/plan is printed and signed by both the senior staff cartographer and ministry
senior staff surveyor at land registry zone.
Collect the deed print, take to the cashier to assess registration fees which you should pay at the
bank.
After assessment pay to the bank registration fees as advised.
Submit a duplicate Certificate of Title, passport photos and deed print/plan of the new plot with
payment receipts photocopy of the same to office of registrar of titles for processing the
certificate of title in respect to the new plot.
The Photocopy is stamped ‘Received ‘returned to the Applicant, you should be told when to pick
Duplicate Certificate of Freehold Title
The file at land registry (white page/original certificate of title) is requested for and retrieved
from strong room.
The submitted documents are reviewed by ministry land officer at district land registry; they may
be approved or rejected.
Once approved, the documents are forwarded to registrar of titles for issuance of a Title.
Upon receiving the documents, registrar of titles reviews them again and issues instrument
number to effect subdivision on the mother title and processing of the title in respect of the new
plot.
The registrar then authorizes printing of the title and typing of the particulars thereof.
The title is then brought to the registrar for signing and sealing.
Present identification documents and the Photocopies to collect the Duplicate Certificates of
Title (For the new plot and residue area)
This is then followed by creation of the lease S. 3 (5(a) of the Land Act provides that (a)
Leasehold tenure is a form of tenure created either by contract or by operation of law.
The parties can therefore enter into a lease agreement
A lease can be created over registered land. S. 101 of the RTA 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.
In every lease there are implied covenants against the lessee as laid out in S. 102 of the RTA
which include; payment of rent, keeping leased property in good and tenantable repair. There are
also implied powers of the lessor under S. 103 which include; power to enter and view the state
of the property and power to reenter and take possession in case of breach of any covenant.
Execution of the Agreement for Sale.
Having carried out all the required due diligence and inquires, the parties should go ahead and
execute an agreement for sale for the land. The agreement for sale should include the purpose of
the land and in this case it is for producing a wide range of pharmaceutical and women’s beauty
care products from herbal plants in Uganda, it should also include the duration, the payment
details such as the premium and yearly installments, the size of the agreed land which is 10
acres, the terms of termination, the automatic renewal clause, the rights of the parties over the
land i.e. right to use land to the exclusion of everyone else including the land owner for the
duration of the grant etc.
Registration;
Sect 40 (2) of the Land Act stipulates that a lease of five years or more acquired by a noncitizen
shall be registered in accordance with the Registration of Titles Act
In order to acquire a legal interest, the lease should be registered. Section 54 of the RTA
provides that 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.
An unregistered lease at common law however operates as contract, in equity, it is an equitable
lease because equity looks at that as done which ought to be done. This is fortified by the case of
Walsh v Lonsdale (1882)2CH 9 court held that though the agreement was ineffective to create a
legal lease it was effective to bring into existence an equitable lease. In the eyes of equity the
parties were already landlord and tenant subject to the same terms and remedies they would have
had if their lease had been created by deed.
In SOUZA FIGUERIDO & CO LTD v. MOORINGS HOTEL CO. LTD (1960) EA 926 it
was held that there is nothing in the Act stating that an unregistered instrument cannot operate as
a contract inter parties; that an unregistered document operates as a contract inter parties and can
confer on the party in the position of intending lessee a right to enforce the contract specifically
and to obtain from the intending lessor a registrable lease.
The case of Mustafa Ndigejjerawa v Kizito and Kubulwamwana [1953] 7 ULR 31 wherein
Ainley.J observed in his judgment that “… No document or instrument can be registered unless it
fulfils the requirements, and no instrument (however perfectly it fulfils the statutory
requirements) is effectual to transfer any interest in land unless it has been registered…”
Therefore, Marksim Herbal Ltd. can obtain a legal interest in the land by creating a lease through
entering into a lease agreement with Allan Kasujja and Nantongo Felisity of P.O.BOX 1
Kyambogo.
There is no mandatory requirement to register the sale agreement under the law. However, it is
very vital to register such an agreement for evidential purposes in case of court proceedings or
any disputes arising between the parties. Therefore, the sale agreement can be registered under
the Registration of Documents Act, Cap 81
The agreement of sale attracts stamp duty; Section 32 of the stamp Duty Act, 2014 is to the
effect that any instrument on which a duty is chargeable is inadmissible in evidence unless that
instrument is duty stamped and duty chargeable thereon paid. This was expounded upon in the
case of Housing Finance Bank and anor V Edward Musisi (Civil Appeal-2010/22) [2011]
UGSC 26. Wherein court observed that the stump duty for the agreement of sale had not been
paid in accordance with Section 32 of the Stamp Duty Act, 2014. That notwithstanding the land
could not be transferred into the names of the buyer without paying the stamp duty and other
taxes connected with land transfers.

(iii) There are various forms of terminating the lease as discussed.

Surrender of a lease and its implication. As per the facts this the most appropriate form of
terminating this lease.

It is provided for under Section 108 RTA

SURRENDER is a form of termination of a lease and it’s upon the tenant before the expiration
of the term gives up on the lease to the land lord and the land accepts repossession hence the
lease merging with the reversion and getting terminated. Surrender may be by express agreement
of the law eg lessee abandons and lessor reenter.

Bweya steel works ltd v National insurance company where it was noted that one a lessor
accepts possession the lease merges with reversion and is there by terminated and surrender
may be by express agreement of the parties ,operation of the law if the lessor grants and the
lessee accepts a fresh lease commencing before the current or whereby the lessee abandons
the premises and land lord reenters or by statutory provision.

In the above provision the a lease under this Act may be surrendered and determined as well
by operation of the law or under any Act now or hereafter to be in force relating to
bankruptcy. This is done with the word SURRENDER with the date being enforced upon the
lease or on the duplicate of the lease if any and signed by the lessee or his transferee and by
the lessor or his transferee and attested by witness.

The registrar shall enter in the register book a memorandum recording the date of such
surrender and shall likewise enforce upon the duplicate if any a memorandum recording the
facts of the entry having been made .

Upon such entry in the register book the estate and interests of the lessee or her transferee shall
vest in the lessor or in the proprietor for the time being of the reversion and the inheritance in
the land . the production of such lease or duplicate bearing such endorsement and
memorandum shall be sufficient evidence that the lease has been legally surrendered.

Notwithstanding any other provision of this section no lease subject to mortgage shall be
surrendered under this section without the consent in writing of the proprietor of that lease. The
effect of surrender o the surrender of lease is that it terminates the original lease sine the right
and obligation under the lease have been given up by the other party to the contract thereby
being no right or obligation.

So in the present facts the directors of the M/s Marksim Herbals LTD having seen that there
venture is un profitable wish to relocate to Germany, in this case they will have to fulfill the
above process and there after draw a surrender deed to the effect of and the inclusion of the
one billion Uganda shillings as the consideration.

The other forms of termination of the lease

Termination by Merger.

Under surrender, the land Lord acquires the lease whereas merger is the consequence of the
tenant retaining the lease and acquiring the reversion or of 3 rd party acquiring both the lease and
reversion.

Termination by forfeiture (or breach of the agreement).

This is the re-entry by the landlord for breach of the covenant that entitles the landlord to
terminate the lease.
Under section 103(b) of the RTA provides that in case of defaulting In payment for the space for
30 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 term in the covenant the transferor may re-enter upon the
property and take possession thereby terminating the lease. This was well explained in the of
lugogo coffee curing Co. (U)Ltd v Singo combined coffee growers ‘ ltd cs No. 554 of
1973.Where it was held that a lease is a contract and any breach of the terms of it rescinds the
contract. That act of re-entry by the lessor brought the lease to an end.

It should be noted the re-entry by the lessor has to be registered by the registrar and is done by
giving him or notice of re-entry as in section 106 of the RTA.

In this situation if reentry by the lessor the lesser can proceed for relief under section 25 of the
Judicature Act. The relief granted is only for non-payment of rent.

In the case of Kampala district land board V Narandas Rajaram Co.(Africa)ltd CACA
NO.32 /2005

Twinomujuni JA noted that the lesser is given the relief from forfeiture to non-payment of rent
only not breach of other covenant terms in the lease agreement.

Termination by expiration of the period of the time as specified in the lease agreement. Since
most leases have the period the come to an end say a period of 49 years, when that period end the
lesser and lessor lease comes to an end unless the opt to renew the lease.

iv) Supposing that in respect of certificate title B, the lessee constructed the building with
approval of lessor and obtained occupation permit but subsequently desires to convert the
building into a restraint and guest house, what steps would you take to ensure that he does
so lawfully?

Lease is defined under S.3 of land Act to mean a form of tenure under which one person namely
the landlord or lessor, grants or deems 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.

S.3 (5) (a) provides that lease is either created by contract or operation of the law.
S.101 of Land Act provides that a proprietor of any freehold or mailo land under the operation
of this Act, may subject any law or agreement for the time being in force, lease that land for any
term exceeding three years by signing lease of it in the form in the eighth schedule to this Act.

Basing on the provision its evident that lease is entirely an agreement between two parties, lessor
and lessee.

The following are the steps the lessee can take to change the building on certificate title B to a
restaurant and guest house.

1) Negotiation with landlord on terms of agreement. In circumstances where the agreement

states the business to be carried on the land in question and type and number of buildings
and other fixtures thereon, the lessee is ought to negotiate with the landlord on such terms
if he so wishes to make changes thereof.

2) Upon the approval of the lessor, he has to apply to physical planning authority. Pursuant
to s.33 of National physical planning Act any intention of constructing or erecting any
building or physical structure whatever name it is called in a municipality, town council
and cities it is subject to approval by the Physical planning authority.

3) An application in NEMA is also pertinent, upon applying to NEMA pursuant to NEMA

Act, the impact and evaluation report must be issued in regards to subsequent activity that
is stated in application to be carried on land.

4) Drafting the variation deed. Pursuant to s.54 of RTA, the lessor shall come up with a
variation deed stating whatever changes in the lease agreement has been made and it must
be counter signed by both the lessee and a lessor.

5) Registration of variation deed. The variation deed has to be registered with the registrar.

Group 3
1. Kiwudhu Jemimah Elizabeth
2. Yiga Isaac
3. Semwogerere Robert Mutyaba
4. Mutoni Cream

Physical possession was described in the case of Justine Lutaaya v Sterling Civil Engeneering
Co. Ltd SCCA 11/12 to mean actual and exclusive possession distinct from legal possession
which is recognized in the eyes of the law.
Describe the different occupants subsisting on the property and determine their rights and
remedies in respect of their termination. In describing the different occupants on the property, it
is important to distinguish licenses, tenants and leases on the property.
A license is a permission given to a person who is not owner of the land by landlord to use it for
a particular purpose for a fixed period of time. Licensees do not enjoy any exclusive possession
as the owner of the land remains in total control of the land.
A lease is legal contractual arrangement where the tenant (lessee) agrees to pay the landlord
(lesser) rent for exclusive occupation of the property for a fixed term. A lessee enjoys exclusive
possession and rights on the property as though they are the owners of the property.

A tenant refers to a person who temporarily uses another person’s property (land) in exchange
for a fee. They don’t have legal interests in land but have rights as occupants on the land, they
enjoy actual but not exclusive possession on the property and the landlord remains in full
control of the property. From the above distinctions, we can tell that the occupants on the
property Akram has purchased are mere tenants.

Types of tenancies (Megarry’s Manual on the Law of real property 773-872).

1. Fixed term tenancy
This arises where the period is ascertained and it is terminated at the expiration the time. It does
not require notice on termination.
2. A tenancy at will
This arises where a tenant with the consent of the owner occupies land as a tenant on the terms
that either party may terminate the tenancy anytime. It may be created expressly or by
implication. A common example is where a tenant whose lease has expired holds on with the
permission. It is determined or terminated at will of either party with a notice of at least 14 days.
A tenancy at will is also terminated when either party does any act inconsistent with the
continuance of the tenancy.
3. Tenancy at sufferance

A tenant at sufferance arises where a tenant having entered the land under a valid tenancy holds
over without the landlord’s assent or dissent. Such tenancy differs from the former (tenancy at
will) in that the original entry was lawful. It is terminated at will of the land lord by evicting the
tenant at any given time and the tenant has no right resist the eviction.
4. Periodic tenancy.

This is one which continues from term to term indefinitely until it is determined by proper
notice. The terms may be yearly, monthly or weekly. The landlord has a right to terminate a
periodic tenancy upon giving the tenant proper notice. The general principal is that a weekly or
other periodic tenancy is determined by notice to it which in absence of special stipulation
should be given so as to expire at the end of the complete period of the tenancy and should be
equal in length to that period.
Therefore, a weekly tenancy is terminable by one week’s notice, a monthly tenancy by one
month’s notice and a quarterly tenancy by three months’ notice. The exception to this rule is a
yearly tenancy which is terminable by six months’ notice.
In Rukandema v Kabale Town Council CA No. MKA 10 of 1985, Karokora JSC held that a
yearly tenancy is terminable by notice of at least six months expiring at the end of a full period.
He stated; the law governing determination of yearly tenancy is spelt out by R. E. Megarry QC
& Wade in The Law of Real Property 3rd ed at page 641 “a yearly tenancy may be determined
by such notice and at such time as the parties agree. In default of such agreement, it can be
determined by at least half a year’s notice expiring at the end of a completed year of tenancy.”
Notice must be clear and effective. In Rajan Nanji v Jawodi Dewji, a notice to the tenant read
that if the tenant did not vacate the premises by a certain date his rent might be increased. It was
held that that the notice was not effective to terminate a tenancy.
5. Service tenancy.
This is tenancy where an employer provides accommodation for the tenant during the course of
their employment. It is terminated by the end of employment, however the tenant is given at least
14-day notice
From our facts, the property has the following occupants.
i) Jordana Byansi has been doing business on the verandor of Musoke’s building as a
mobile money agent and newspaper vendor for 5years.
ii) Nixion Zikusoka sales chips and roasted chicken in the parking yard which is infront
of the building.

In our case, Musoke Daniel will have to get in touch with Jordana Byansi and Nixion Zikusoka
in order to terminate these tenancies accordingly and in order to terminate the tenancies, he will
need to give thorough notice to the tenants to vacate the premises for his use. For Jordana
Byansi, he will have to give her notice of six months.
Nixion Zikusoka, he is not a tenant thou he is just to be evicted.

Part c (ii)
What rights would Musoke have against M/s City Paediatricians Ltd?
There are several remedies available to a landlord against a defaulting tenant.
a) suing the tenant to recover the rent under O. 36 of the Civil Procedure Rules.
O.36 r 2“All suits—
(a) Where the plaintiff seeks only to recover a debt or liquidated demand in money
payable by the defendant, with or without interest, arising—

(i) upon a contract, expressed or implied (as, for instance, on a bill of exchange,
hundi, promissory note or cheque, or other simple contract debt);

(ii) on a bond or contract written for payment of a liquidated amount of money;

(iii) on a guaranty where the claim against the principal is in respect of a debt or
liquidated amount only;
 (iv) on a trust; or

(v) upon a debt to the Government for income tax; or

(b) being actions for the recovery of land, with or without a claim for rent or mesne
profits, by a landlord against a tenant whose term has expired or has been duly
determined by notice to quit, or has become liable to forfeiture for nonpayment of rent, or
against persons claiming under the tenant,

may, at the option of the plaintiff, be instituted by presenting a plaint in the form prescribed
endorsed “Summary Procedure Order XXXVI” and accompanied by an affidavit made by the
plaintiff, or by any other person who can swear positively to the facts, verifying the cause of
action, and the amount claimed, if any, and stating that in his or her belief there is no defence to
the suit.”

b) Self-help remedy of eviction

Halsbury's Laws of England, Third Edition, vol. 38, states at p. 741, paragraph 1207 that If a
tenancy determines by effluxion of time or otherwise, and former tenant remains in possession
against the will of the rightful owner the former tenant is, apart from statutory protection, a
trespasser from the date of the determination of the tenancy.

In the present facts/s city pediatricians Ltd Remained in occupation of the building and did not
parent for six months despite the expiration of the three year contracts between them and
Musoke. In the case of Joy Tumushabe &Anor v Anglo African Ltd & Anor S.C.C.A 7/99 it
was held That when the appellants refused to pay rent or acknowledge the title of the owner as
landlord, they became trespassers. At this point the landlord could have chosen to legally evict
them as trespassers. It is on this backdrop that Musoke can apply the self-help remedy of
eviction.

There is no need of giving M/s City Paediatricians Ltd eviction notice since there in no Land
Lord Tenant relationship at this state however the law cautions land lord on the methods used to
evict.
In the case of SOPHIE NAKITENDE VS MABU COMMODITIES LIMITED (HIGH
COURT CIVIL SUIT NO, 117 OF 2016) court stated that Landlord’s should warn themselves
on arbitrary use of force to seize or lockup tenant or former tenant’s premises to enforce his
remedy. In his dissenting judgment Justice Wambuzi in JOY TUMUSHABE & ANOR VS
ANGLO AFRICAN LTD & ANOR SSCCA & ANOR SCCA 7/99 emphasised that …the
eviction should be lawful while removing the trespasser who refuses to leave and the force must
be reasonably necessary (Halsbury’s Laws of England, 3rd Edition, Vol.38, p.747)

Distress for rent.

Quoting Halsbury's Laws of England, Third Edition, vol. 38, states at p. 741, paragraph 1207
as follows: -

"If a tenancy determines by effluxion of time or otherwise, and former tenant remains in
possession against the will of the rightful owner the former tenant is, apart from statutory
protection, a trespasser from the date of the determination of the tenancy

This principle was applied in Souza Figueiredo & Co. Ltd. vs George & Others (1959] E.A.
756, which states that for a landlord to exercise to levy for distress for rent, a landlord/tenant
relationship must subsist between the two. This authority was cited by the Supreme Court of
Uganda, with approval and restatement of the proposition of law therein, in Joy Tumushabe &
Anor vs M/s Anglo Africa Ltd & Anor SCCA No. 7 of 1999 where in Kanyeihamba JSC stated
as follows: “In any event, distress for rent is only permissible if the relationship of tenant and
landlord exists between the parties: but as I have shown, that relationship had had ceased to exist
as a result of the appellants acts and conduct. In the result, distress for rent in this case was
affected against trespassers and it could not have been possible for the persons who effected the
alleged distress for rent to do so under the Act.”

Distress for rent would only be applied where the landlord does not intend to terminate the
tenancy however, in the present facts there was no subsisting tenancy as the contract between
Musoke and M/s City Pediatricians Ltd had expired after three years and was never renewed and
therefore a levy for distress for rent cannot be an applicable remedy.
Group 4
Kuteesa Duncan
Amuron Lucy
Twikirize Rosebell
Naiga Shubra Kasozi
Muzungu Innocent

D/
(i) Supposing that in respect of the title marked ‘B’ the lessee failed to pay rent for six
months in spite of the lessor’s written reminders, what remedies would the lessor have
and what steps would the lessor take in order to enforce the remedies?
Leasehold tenure is a form of tenure created either by contract or by operation of law; the terms
and conditions of which may be regulated by law to the exclusion of any contractual agreement
reached between the parties; 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; [paragraph
(d) amended by section 4(b) of Act 1 of 2004] under which both the landlord and the tenant may,
subject to the terms and conditions of the lease and having due regard for the interests of the
other party, exercise such of the powers of a freehold owner as are appropriate and possible
given the specific nature of a leasehold tenure1.

1
Section 3 of the Land Act, Cap 227.( as amended)
 At law when the tenant is in breach of a covenant, the law provides remedies to the landlord for
which he can exercise when the circumstances arise. Therefore he would have the following
remedies available to him.
1. Forfeiture of the lease.
This may be referred to as re-entry and accordingly it is the termination of a lease by the lessor
before the term expires. This may happen in three circumstances;
In Clarke v Dupre Ltd2 it was established that where a landlord enjoys an implied right to forfeit
if the tenant disclaim his title. Which is also established in Section 105 of the Registration of
Titles Act3: This binds the lessee to the implied rights enjoyed by the landlord. However, it is
trite law that this remedy may be waived by the failure of re-entry where the landlord has notice
of the breach. Therefore in summary, if knowing of the breach, he receives the rent, then by law
he waives the breach and non of his protests will avail him anything.
The second circumstance is where a landlord will enjoy a right to forfeit if an obligation of the
lease is formulated as a condition.
The third finally, is where the lease entitled the landlord an express clause for forfeiture where a
lease is registered under S.103(b) of the Registration of Titles Act, 4 which is to the effect that the
lessor has power of re-entry, after breach of any covenant expressed in the lease for continued
30 days. However at common law when the right to re-entry occurs, the landlord has a right of
re-entry affected by physically entering the premises with the intention of determining the
tenancy, however reasonable force may be used to eject the tenant.
Section 114 of the RTA is to the effect of the registration of a re-entry and states thus “In the
case of a lease or sublease of land under this Act, if it is proved to the satisfaction of the registrar
that the lessor or sub lessor or his or her transferee 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), where the lease or sublease is under this Act, or that the lessee or sub lessee
has abandoned the leased premises and the lease, and that the lessor or sub lessor or his or her
transferee has thereupon reentered upon and occupied the abandoned premises by himself or
herself or tenants undisturbed by the lessee or sub lessee, the registrar may make an entry

2
[1992]Ch 297.
3
Cap 230.
4
Cap 230
of that reentry in the Register Book or in the Sublease Register, as the case may be, and the term
for which the land was leased or subleased shall, upon that entry being made, determine and may
be removed as an encumbrance from a certificate, but without prejudice to any action or cause of
action which previously has been commenced or has accrued in respect of any breach or
nonobservance of any covenant expressed in the lease or sublease or by law declared to be
implied in the lease or sublease.” Therefore, upon proof of the above the registrar is bound to
enter the re-entry.
S.106 of the RTA also requires that Recovery of possession by lessors to be entered in Register
Book that is;- The registrar, upon proof to his or her satisfaction of recovery of possession by a
lessor or his or her transferees by any legal proceeding, may make an entry of the recovery of
possession in the Register Book; and the term for which the land was leased shall upon that entry
being made determine, but without prejudice to any action or cause of action which previously
has been commenced or has accrued in respect of any breach or nonobservance of any covenant
expressed in the lease or by law declared to be implied in it.

2. Distress
According to Nicola Jackson5, distress is an ancient common law remedy available to the
landlord where his tenant is in arrears of rent. In essence the landlord in so doing, seizes and sells
goods found on the leased premises to recover the outstanding arrears. It is important to note that
a landlord does not require a court order to distress.
This remedy is only available to the landlord where the tenant has failed to pay rent and not for
breach of other covenants. In the case of Walsh v Lonsdale 6, it was argued that where rent is not
due, the distress will be unlawful. However, the landlord cannot break down an outer door or
enter via a closed window but, may enter by means of an unlocked door and there in is entitled to
seize any goods physically present on the land7.

3. Damages for breach of covenant

The general rule is that the landlord will be entitled to recover damages whenever the tenant is in
breach of his covenant. The only exception is where the breach is that of a covenant to pay rent.

5
Nicola Jackson,(2008)
6
(1882) Ch.D.9
7
Nicola Jackson,(2008)
In National and Grindley’s Bank (K) Ltd v P.T Punater 8, the tenant breached to deliver up the
premises in good order and condition. On termination of the lease, it was held that the landlord
was entitled to damages equal to the monetary amount which the premises had been depreciated
by the breach.

4. Mesne Profit
In Kamanyire v Standard Bank Ltd9 it was established that where the lease is determined and the
tenant remains in possession contrary to the landlord’s wishes, the landlord may claim damages
for loss of Mesne profits. It is important to note that this is peculiar to the law of trespass and it
lies to recover damages suffered by the landlord for being kept out of possession. Mesne profit at
law starts at the date when the tenant was expected to deliver vacant possession to when it was
actually given when the premises became inhabitable again.

5. Specific performance of repairing obligations

According to John Stevens10 it was generally accepted that repairing covenants could not be
specifically enforced, irrespective of whether the obligation to repair fell on the landlord or the
tenant. In Rainbow Estates Ltd v Tokenhold Ltd 11, Lawrence Collins QC held that there was no
reason in principle why a landlord should not be able to obtain an order for specific performance
against the tenant who was in breach of his repairing covenants. He stressed that it was important
to ensure that tenants were not subject to Injustice or oppression especially that unscrupulous
landlords are prevented from purchasing the reversion of a lease with the intention of misusing a
scheduled dilapidations to pressure the tenant. This can be acquired by seeking court for a
remedy of specific performance for the breach of contract by the lessee.

Above the remedies are clearly explained each hinting on the manner (steps) in which that
specific remedy can be attained.

8
[1965] E.A 648
9
HCB(1972)82
10
Nicola Jackson, (2008)
11
[1998]2 ALL ER 283.
ii) Supposing that in respect of the title marked ‘B’ the lessee failed to pay rent for six months
in spite of the lessor’s written reminders and the lessor wrote to the lessee notifying him of its
intention to evict the lessee for non-payment of rent, what remedies would you pursue for the
lessee? What would the procedure and documents be?

1. Relief from reentry or forfeiture for nonpayment of rent12.

Where a lessor is proceeding, by action or otherwise, to enforce a right of reentry or forfeiture
for nonpayment of rent, the lessee, his or her executors, administrators or assigns may, in the
lessor’s action or in an action brought by himself or herself, apply to the High Court for relief.
The High Court may, under subsection (1)— grant any relief it considers fit on such terms as to
costs, expenses, damages, compensation, penalty or otherwise, including the granting of an
injunction to restrain any future nonpayment of rent, as it thinks fit; or refuse the relief sought as
it thinks fit.
Where relief is granted under this section, the lessee, his or her executors, administrators or
assigns shall hold the demised property according to the terms of the lease without necessity of a
new lease.
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.
Therefore, in such a case the lessee can seek for a relief from re-entry subject to the Judicature
Act Section 25.

In cases where either party is in breach of the terms that were agreed upon at the conclusion of
the lease agreement, the general rule is that the party not at fault can sue the party at fault in the
law of contract or tort. A case in point is Opinya v Mukasa 13, where the tenant successfully sued
the landlord for breach of the covenant of quiet enjoyment and prayed for damages and an
injunction to prevent future breach. Furthermore, the tenant may also terminate the lease where
the agreement expressly provides such power wherein he may exercise it on discovery of the
breach. However this is subject to circumstances;
12
Section 25 of the Judicature Act, Cap 13
13
CC No.167 0f 1964
Remedies for breach of covenant to provide quiet enjoyment
A landlord may be in breach of the covenant of enjoyment of quiet possession. This was defined
in Southwark LBC v Mills14 by Lord Millet as a situation where the landlord or someone
claiming under him does anything that substantially interferes with the tenant’s title to or
possession of the demised premises15. Lord Denning MR further espoused it as “any acts
calculated to interfere with the peace or comfort of the tenant or his family” 16.
In this case therefore, a tenant may seek an injunction restraining the landlord from any further
actions in breach of the covenant. This remedy was seen in the case of Harmer v Jumbil
(Nigeria) Tin Areas Ltd17 where the landlord had granted the tenant a lease of misused mine for
use as an explosives’ magazine. He subsequently granted a lease of adjoining land to other
tenants, which permitted the working of minerals and opening of the mine shafts. The presence
of mine working in such close proximity to the magazine would have the effect of invalidating
his tenants operating license. He was held to have breached his covenant not to derogate from the
grant and an injunction was issued.
And as such the above remedy can be undertaken by the lessee in such a circumstance in such a
situation.

In conclusion we advise the lessee or lessor to undertake the above remedies concurrently and
the steps discussed thereto.

GROUP 5

Geofrey Rwakabisha

Akampurira Bronia

Agaba Anxious

Peter Talwana Meri

14
1998
15
[1999] ALL ER 448.
16
Mc Call v Abeles [1976]QB 585.
17
[1921] 1 Ch 200
Namutebi Flavia

TASK E

Whether Musoke Saul can convert leasehold to free certificate of Title and the procedure to
secure this interest.

Article 237(5) of the 1995 Constitution of Uganda as amended stipulates that any lease
granted to a Ugandan Citizen out of public land may be converted into free hold in accordance
with a law which shall be made by parliament.

The right to convert land from the lease hold to any other tenure accrues from Section 28 of the
Land Act Cap 227. Under this Section, Musoke can convert his interest in the leasehold tenure
into freehold tenure.

Generally, Musoke would have to be a citizen of Uganda to be able to convert to the freehold
tenure. This is because under Section 40(4) of the Land Act, a noncitizen is prohibited from
acquiring or holding mailo or freehold land.

It should also be noted that Section 28 is applicable to land where leases were granted out of
former public land. Where the land exceeds one hundred hectares, the owner is required to pay
for the land at market value as determined by the chief government valuer. The money paid
becomes part of the Land Fund. See Section 28(2).

It should also be noted that the conversion is only possible with respect to a lease and not a
sublease. Therefore, a sublease would have to first be upgraded to a lease under the same terms,
conditions and covenants under Section 28(3).

Procedure;

An application which is in Form 5 under the Land Regulations, 2004 is made to the District
Land Board. In this circumstance it would be made to Kalangala District Land Board. The
application has to have the following accompanying documents; a set of 3 authentic deed plans,
Duplicate Certificate of Title and 3 Passport Photographs.
A statutory declaration confirming the contents of the form must be attached.

This application has to be presented to the area land committee for perusal to confirm that the
land belongs to the applicant. This is important because under Section 28(1), among others, the
board has to be satisfied that;

 There were no customary tenants on the land at the time of acquisition of the lease;
 If there were any customary tenants on the land at the time of acquisition whose tenancy
was disclosed, those tenants were duly compensated.

The Area land committee calls for a meeting through public hearing notice which is in Form 10
of the land Regulations, 2004 signed by the chairperson

The district land board upon receiving the application then convenes a meeting of board
members Under Regulation 23 of The Land Regulations, 2004 to consider the application for
conversion of lease hold to freehold title, the application may be granted or reject it with reasons

Where the application for conversion is granted, freehold land Form 19 of the Land
Regulations, 2004 is filled.

Form 5 and the attached documents are then submitted to the District Land Officer of district
who then signs a forwarding letter requesting for a conversion from Leasehold to Freehold
title.

If the leasehold land was titled after 2nd July 1998, a Surrender Deed or an Agreement of the
Lease is required.

The fully completed application form and accompanying documents must then be presented to
the district land office where assessment for the fees payable takes place before the ministry land
officer at district land registry reviews the application.

The application is then forwarded to the registrar of titles for issuance of a Freehold Title.

The Applicant presents the received photocopies of the application and identification documents
when collecting the Freehold Title at least after 20 working days.