WELCOME TO LDC

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FIRM C3 LAND
TRANSACTIONS, WORKSHOP
TWO PRESENTATION,
MODULE TWO

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 WORKSHOP TWO
PART A (a)
Advise James on its rights in the intended takeover of its land by the Government.

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BRIEF FACTS

James Musajjalumba(“James”) owns 200 acres of land in Lwengo District with a big coffee
plantation. Part of the Company’s land measuring 50 hectares has been identified, by the
Ministry in charge of energy and natural resources of the Government of Uganda, as a suitable
location to set up a giant thermo power plant. The Government of Uganda is determined to have
the land by January 2024 and hand it over to a Russian Company that is going to execute the
works. James intends to hold out for a hefty compensation unlike some of his neighbours who
he thinks are foolish negotiators. He is aware that his location cannot be easily replicated by the
government and he hopes to use this to his advantage to make a killing.

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ISSUES

(a) What rights does James have in the takeover of its land by the Government?
(b) What is the procedure and processes required for the government to acquire the land?

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(c) What steps can James take if he is not satisfied with the compensation offered by
governments whilst ensuring that his expectations are met?

LAW APPLICABLE.
1. Constitution of Uganda of 1995
2. The Registration of Titles Act, CAP. 230;
3. The Judicature Act Cap 13;
4. The Land Act, CAP 227 (as amended);
5. Land Acquisition Act CAP 226;
6. The Survey Act Cap 232;
7. The Civil Procedure Act Cap 71;
8. The Land Regulations of 2004 (as amended);
9. The Registration of Titles Act, CAP. 230;
10. Relevant case law. 3
What rights does James have in the takeover of its land by the Government?

Compulsory land acquisition can be defined as the power by of the government to acquire
private rights in land for a public purpose without the willing consent of its owner or occupant.

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The constitution of Uganda 1995 as amended under article 26(1) Protects every Ugandan from
deprivation of property and guarantees the right to own property either individually or in
association with others and that no one can be compulsorily deprived of property or any interest
in or right over property without prior satisfaction of conditions under article 26(2)

a) That the taking of possession or acquisition is necessary for public use or in the interest of
defense, public safety, public order, public morality or public health; and
b) That the compulsory taking of possession or acquisition of property is made under a law
which makes provision for—
i) prompt payment of fair and adequate compensation, prior to the taking of possession or
acquisition of the property; and 4
ii) a right of access to a court of law by any person who has an interest or right over the
property.
Article 237(1) further espouses on Land ownership 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 this
Constitution. And clause (2) expounds that notwithstanding clause (1) of this article that the

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Government or a local government may, subject to article 26 of this Constitution, acquire land
in the public interest; and the conditions governing such acquisition shall be as prescribed by
Parliament;

The following are the rights enjoyed by an individual who has rights in land prior to it being
acquired or taken by government. These rights are provided for under article 26(2) of the 1995
constitution of Uganda, the Land Act, CAP 227 (as amended) and Land Acquisition Act CAP
226;

- prompt payment of fair and adequate compensation, prior to the taking of possession or
acquisition of the property
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Section 42 of the Land Act states that the Government or a local government may acquire land
by articles 26 and 237(2) of the Constitution

Section 73 of the Land Act also stipulates that in the Execution of public works. Where it is

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necessary to execute public works on any land, an authorized undertaker shall enter into mutual
agreement with the occupier or owner of the land by this Act; and where no agreement is
reached, the Minister may compulsorily acquire land by section 42.

Ssection 77 of the land act also provides for the Computation of compensation where The
district land tribunal shall, in assessing compensation referred to in section 76(1)(b) take into
account the following—

(a) in the case of a customary owner, the value of land shall be the open market value of the
unimproved land;

(b) the value of the buildings on the land, which shall be taken at open market value for urban
areas and depreciated replacement cost for the rural areas;
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(c) the value of standing crops on the land, excluding annual crops which could be harvested
during the period of notice given to the tenant.
Under subsection (2) In addition to compensation assessed under this section, there shall be paid
as a disturbance allowance 15 percent or, if less than six months’ notice to give up vacant
possession is given, 30 percent of any sum assessed under subsection (1) this all aimed at

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ensuring adequate fair and prompt payment of the registered land owner prior to taking
possession of land by government.

In the case of A.G v Paul Peter Etot & 8 Ors. C.A.C.A 144/2018 court discussed the issue of
adequate and prompt compensation of the persons holding interest in land prior to taking
possession by government. It was stated that the land acquisition act as amended was enacted by
the parliament of Uganda as a creature of Article 26(2)b and 237(2)a of the constitution and the
essence was to enhance the provisions of prompt payment of a fair and adequate compensation
prior to the taking of possession or acquisition of land. This same case highlighted on how section
7(1) of the land acquisition seeks to address the general terms of that constitutional requirement
when, in mandatory terms, it provides for an assessment officer who would be an agent of 7
government to only
take possession of the land sought to be acquired upon his/her making a compensation award
under section 6 of the act. Certainly, the law should have been explicit on the state of effecting
payment as opposed to making of the award prior to taking possession of land sought by the
government.

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A right of access to a court of law by any person who has an interest or right over the property.

1. The acquisition must be made under law providing for access to court and
compensation, where the land owners are not sastified with the compensation given the
government valuer, should be able to seek court redress and remedies on the same. In the case of
Musisi Godfrey V. UNRA H.C.C.S 2017/2017 where Mr Godfrey Musisi, a resident of Mulajje
village in Mukono District, claimed that his property was undervalued by UNRA while being
issued compensation and he sought adequate compensation for his land.

- Notice to the person holding interest in the land.

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Section 5 of the land act provides that as soon as may be after the publication of a declaration in
respect of any land,
the assessment officer shall cause a notice to be published in the Gazette and exhibited at
convenient places on or near the land, stating that the Government intends to take possession of
the land and that claims to compensation for all interests in the land may be made to him or her.

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Where there the government fails to notify the registered proprietor is breach of the procedures
of compulsory land acquisition. in the case of Law Development Centre vs Wasswa Serufusa
(civil suit no. 724 of 2003) where defendant was not notified of the compulsory land acquisition
by the plaintiff and issued him with injunctions restraining him from entering on the land for 12
years and court awarded the defendant damages.

PART A(b)

Illustrate the procedure and processes required for government to acquire the land.

In circumstances where there is need to acquire land from an individual for public use, guidance 9
is sought from the Land Acquisition Act CAP 226. Although the Act is still in force, its
constitutionality in regard to the compulsory acquisition has been challenged.
The steps in the Act are as follows;

Section 2 of the Land Acquisition Act provides that a person with authorization from the
Minister of Lands enters upon the land to ascertain its suitability for the public purpose by

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surveying, digging the subsoil, and removing the samples as provided under section 2 of the
Act. Section 2(2) of the Land Acquisition Act further imposes a duty on the government to pay
compensation to a person who suffers damage as a result of the exercise of this power.

Section 3 of the land acquisition act provides that the minister must make a declaration to that
effect via a statutory instrument. Declaration that land is needed for public purpose and
whenever the Minister is satisfied that any land is required by the Government for a public
purpose, he or she may, by statutory instrument, make a declaration to that effect. The
declaration shall specify the location and approximate area of the land to which it relates. In the
case of K Quatina vs. Law Development Center (1975) H.C.B 296: court held that the statutory
Instrument must come before the acquisition and therefore cannot come subsequent to the 10
acquisition.
Section 4 of the Land Acquisition Act provides that upon the declaration that the land is needed,
the assessment officer (as appointed by the minister) causes the land to be marked out and
measured and a plan to be made if a plan of the land has not already been made.
Under Section 5 of the Land Acquisition Act, a notice must be or cause to be published in the
Gazette and exhibited at a convenient place or near the land.

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Under Section 6 of the Land Acquisition Act, the assessment officer must then make an award
specifying the area of the land, the compensation which in the officer’s opinion should be
allowed, and the apportionment of that compensation among all persons having an interest
whether or not they have appeared. To note, compensation is made in accordance to the current
market price of the land prepared annually by the respective District Land Board under section
59(1(e & f) of the Land Act. Any person aggrieved by the award of the assessing officer may
appeal to the District Land Tribunal or the High Court if the value of the Land exceeds UGX
50,000,000 as per section 76(1)(b) & (c) of the Land Act.

Section 7 of the Land Acquisition Act provides for taking possession. It should be noted however 11
that possession of the land is effected only when people interested in the land have been fully and
adequately compensated. (UNRA V Irumba Asumani SCCA No.2 of 2014.)
Soon after taking possession, the assessment officer then forwards to the registrar a copy of the
declaration relating to the land, endorsed with a certificate signed by the assessment officer
which states that the assessment officer has taken over possession of the Land and specifies the

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date on which he did so. On receipt of the endorsed declaration, the registrar of titles may take
such steps to give effect in the register book to the operation of the possession specified in the
declaration.

Under Section 13 of the Land Acquisition Act provides that any disgruntled party may appeal
within 60 days to the High Court pertinent to the compensation or any apportionment of the
same and it states that where an award is made under Section 6, any person awarded or claiming
that he or she should have been awarded compensation may within sixty days of the date of the
award appeal to the High Court by way of objection to any or all of the following—

(a) the total amount of the compensation awarded;

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(b) the apportionment of the compensation;

(c) any failure or refusal of the assessment officer to include him or her in the apportionment.
 PART A(c)

Advise James on his options in the event that he is not satisfied with the compensation
offered by governments. In advising him, ensure that you manage his expectations.

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James can seek redress from either the District Land Tribunal or the High court itself. Article
26(2)(b)(ii) of the constitution provides that the compulsory acquisition of property has to make
provision for access to a court of law by a person who has an interest or right over the property.

The District Land Tribunal under section 76(1)(b) of the Land Act has jurisdiction to handle
matters concerning the amount of compensation to be paid for land compulsorily acquired. This
could include an award of the assessment officer but the value of the land should not exceed the
monetary limit of the Magistrates Court. The District Land Tribunal under section 76(2) has
powers of a magistrate Grade 1 conferred upon by the Magistrates Courts Act. This is therefore
subject to the pecuniary jurisdiction as to the value of the land. The district land tribunal under
section 78 of the Land Act shall apply rules of procedure made by the chief justice, who shall 13
take into account the need to have rules of evidence with such modifications as necessary to
ensure the expeditious disposal of land disputes.
Article 26(2)(b)(ii) of the constitution provides that the compulsory acquisition of property has
to make provision for access to a court of law by a person who has an interest or right over the
property. This means that James can apply to court if he happens not to be satisfied by the

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compensation offered for the land compulsorily acquired. James can only apply to court where
the pecuniary value of the land exceeds the limits of to jurisdiction of the Magistrates Courts
Act.

James can also seek redress from the High Court by way of appeal. Section 87(3) of the Land
Act provides for the right of appeal to the High Court in cases where one is aggrieved by the
decision of the District Land Tribunal. Under section 13 of the Land Acquisition Act, any
person awarded or claiming that he or she should have been awarded compensation may within
sixty days from the date of award appeal to the High Court by way of objection to the total
amount of compensation awarded. In case of dissatisfaction, James could appeal to the High
Court for the amount of compensation being awarded to him. 14
While in court, James can also pray for damages and these are given as the court may think fit.
In the case of Law Development Centre Vs Wasswa (Civil Suit NO. 724 OF 2003(2016), one of
the issues was what is the appropriate quantum of damages. Court following the case of Storms

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vs Hutchinson (1905) AC 515, noted that damages are the direct probable consequences of the
act complained of. It may be a consequence due to loss of use, loss of profit, physical
inconvenience, mental distress, pain, and suffering. However, James must be wary of not
claiming for excessive compensation as a result of severance. Under section 12(1) of the Land
Acquisition Act, where land is acquired in pursuance of a declaration and a person having an
interest in the land makes a claim for compensation on account of the severing of the land from
his or her other land 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, even though only the land first sought
to be acquired is needed for a public purpose. Furthermore, under section 12(2) of the Land
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Acquisition Act, a dispute about whether a claim for compensation under subsection 1 is or is
not reasonable or excessive, shall, with the consent of the person claiming the compensation, be
referred by the Attorney General to the High Court for
 PART B (a)
BRIEF FACTS
James wants to fence off his 150 acres of land and set up a coffee processing plant, however, at
the end of his land there is a community well that has existed for generations, and the

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community was allowed to use it but the great grandfather of James, however, James would like
to close it off to avoid villagers from straying into his farm and bringing diseases crops and
livestock
ISSUES
Whether a community well amounts to an easement
Whether James can achieve his objectives and how
What is the appropriate agreement to protect the interests of the community?
What is the procedure for registering the interests of the community on the land title of James?
LAW APPLICABLE
The 1995 constitution of the Republic of Uganda has been amended.
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Land Act cap 227
Registration of Titles Act cap 230
Case law
Resolution
Whether a well amounts to an easement
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

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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 another’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 to the right to whom the person is being
given.
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,
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this however does not necessarily mean that they must be adjoining. In Re Ellenborough
Park[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

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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. Therefore since
(See mugambwa pg.129-131)
CREATION OF EASEMENTS
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 18
activities. Easements created by statutes need not have a;; the essential characteristics of
easements.
b) 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)

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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 is not entitled to compensation.
c) 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.
d) Easement acquired by long user or subscription
At common law, an easement may be acquired by prescription or long use even though there 19
may not be evidence of grant of the easement. (Nambula Kintu vs Kamira CA No.26 of 1973)

e) 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

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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
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.
Therefore according to the discussion above a well amounts to an easement by implied grant,
since the facts clearly show that permission to use it was granted by the great grandfather of
james therefore blocking access to the community to access the well is acting ultra vires.

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Whether james can obtain his objective and how
where James wants to obtain his objective of fencing his land including the well.my advise as a
legal adviser would,
FirstIy ,to negotiate with the community members on his intentions of blocking the way/access

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to the well by the community. And among the negotiations there must be provisions how he is
to compensate them, introducing to them other access route, among other provisions.
And where the community fails to agree to his proposals, then he can only face his land leaving
out the well for the community
And where they have reached an agreement, it will be drafted and under section 54 of the RTA ,
such will be registered
Hence obtaining his objectives
Procedure
Negotiation or any other decided ADR mechanism
For him to setup the coffee processing plant, he will need permission from the Physical
Planning Committee of Lwengo local government.
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Section 33(1) of the Physical Planning Act,2010 requires that a person obtains development
permission from a physical planning committee before carrying out a development within a
planning area.
 Part B (c)
A community well that has existed for generations. The surrounding communities were allowed
to use it by the great-grandfather of James’ predecessor in title to the land. James wants to
enclose it. There was an uproar that called in the district leaders. The community had threatened

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to uproot the fencing and cut down James’ plantation if he dared go ahead.
Illustrate the process of ensuring that the interests of the community so secured are duly
registered on the land title of James.
1. Creation of an easement agreement. This can be made through mediation proceedings
where both parties agree to form an easement on the land.
2. Parties must sign and provide their National IDs and the documents must be
witnessed.
If another language not English is used, a certificate of translation must be attached.
3. Registration of Easement agreement with URSB.
• Submit the agreement (Original). Section 4 of the Registration of Documents Act
requires only, persons executing or claiming an interest under a document to submit it for
registration. 22
• Submit National IDs of the signatories
• Pay registration fees.
5. Application made to the registrar of titles to register the easement.
• The application to the registrar must be accompanied by the easement agreement.
• Registrar records it upon the folium of the Register Book. Section 100 of the RTA, a
memorial of any transfer or lease creating any easement over any shall be entered upon the

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folium of the Register Book constituted by the existing certificate of title of that land
• Registrar records it as an encumbrance on the land title. Section 65 RTA Easements
existing under a deed or writing to be noticed as incumbrancers on the land title.
• A Certificate of title that mentions that an easement is provided is conclusive
evidence that the registered proprietor is entitled to such as an easement. The easement
constitutes an exception to the principle of indefeasibility of titles and is protected by the RTA
accordingly.

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 PART C

a) Whether Sentongo Erukana has any rights over the panaromic view and the intended
blockage by Co. Mansur Majje.

Article 26 of the 1995 Constitution of Uganda as amended provides for a right to property
ownership to be either individually or in association with others.
Article 27(2) provides for a right to privacy, it is to the extent that no person shall be
subjected to interference with the privacy of that person’s home, correspondence,
communication or other property. However, Article 43 of the 1995 Constitution is to the
effect 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.
From the facts the land of Majje is a dominant tenement in which he enjoys unconditional
right of use. It can be noted from the principle of common law that Majje upon purchase
obtained apparent continuous quasi easement which right he from the former common owner
Ssempija who retained and reserved such right in the conveyance he had with Sentongo
Erukana in the first transaction. Therefore, Erukana has no remedy or right to stop Majje for
bloackage of his panaromic view
In the case of Wheeldon V Burrow 1878
In 1878, the widow and devisee of the Plaintiff WIlliam Wheeldon erected boardings near the
edge of her land facing the windows of the Defendant’s shed, to assert her right of uncontrolled
use and possession of her land. The Defendant knocked down the boardings for the purpose of
enjoying his right of easement in respect to light. The Plaintiff filed a suit for restraining the
Defendant from trespass.
Court held that an apparent continuous quasi-easement right arose for the convenient
enjoyment of the property retained and afterwards conveyed to the Defendant by the mere
fact of severance of the entire heritage by Tetley the former common owner, leading to the
reservation of such right arising by legal implication in favour of Tetley, in the first
instance and afterwards the defendant who claims under him as the Plaintiff’s testator’s
conveyance contained no such reservation. This is because the vendor had not when he
conveyed the piece of land reserved the right of access of light to the windows, and
therefore no such right passed to the purchaser of the workshop and therefore the
purchaser of the piece of land could build so as to obstruct the windows of the workshop.
a) Whether blockage of the access and procedure for a remedy
The case of Manjang v Drammeh (1990) 61 CR, where it was held that no easement of
necessity was found where access to land via a river was possible. Lord Oliver stated the
criteria to be followed in order for there to be an easement to include the following;
b) That there has to be common ownership of the two pieces of land,
c) Access between the plots can only be obtained over one of the plots
d) That the conveyance was silent as to the grant or reservation of an easement,
e) No other access to the highway is possible no matter how convenient.

Barclays Bank D.C.O V Patel Civil Appeal 7 of 1969

Certain land in Langata Road was subdivided and sold to different owners. The
Appellant was successor of the purchaser of the plot bordering Langata Road and the
Respondent the successor of the purchaser of the other plots. At the time of subdivision,
the Respondent’s plots could legally be used for agricultural and personal residential
purpose. There was no legal way of access from the respondent’s lot to any public road,
and no road of access was registered against the title of the Appellant’s plot.
a. Court held that the Respondent was entitled to right of way as to way of necessity as to
user of time, and awarded damages and declaration against the Appellant who contended
that an easement does not exist over its land due to the unqualified certificate of title
issued to the Appellant, and that the Respondent’s way of necessity had been abandoned.
b. Court further held that a way of necessity arose by operation of law on subdivision of the
property and would continue to exist for as long as the necessity existed, notwithstanding
that it was not referred to in the certificate of title to the servient tenement.
c. Lack of evidence of user did not prove abandonment of the way.
d. As the dominant tenement could have only been used for agriculture and personal
residential purpose at the date of creation of the necessity, the way must be limited to that
purpose. The way would only exist for as long as its necessity existed.
Article 43(1) of the constitution stresses that in the enjoyment of rights and freedoms
prescribed in the constitution, no person shall prejudice the fundamental or other human rights
and freedoms of otherwise public interest
Section 3 of the roads Act an access road means a public or private road affording access to a
public road or to a highway.
The right to access roads is provided for under sections 60-62 of the Roads Act, 2019.
Section 60 is to the effect that the minister may in consultation with the relevant road
authority make regulations for the control of the number, location and design of points of
access to public roads, and that a road authority may construct service roads for the purpose of
limiting the number of access to public roads.
Section 61 is to the effect that the minister shall by regulations, specify the requirements and
specifications of access roads.
NOTE; a person shall not construct, use, or allow the use of an entrance way or gate which or
part of which is connected with or open upon the access road, where such road has been
designated and acquired as an access road, if he/she has no written approval from the road
authority, as per section 61(2) of the Roads Act, 2019.
Therefore, in the absence of an access road, and upon failure, through negotiations, to obtain
leave from adjoining landowners to construct an access road to a public road, the affected land
owner may take the following steps;
Apply to the minister for leave to construct an access road over any land lying between his/her
land and the public road, as provided for under section 62(1) of the Roads Act, 2019.
ii. The above application shall be in the manner prescribed by the regulations, section 62 (4)
of the Roads Act. Section 77 (1) of the Roads Act, 2019 is to the effect that the minister may
by statutory instrument make regulations for the better carrying into effect the purpose and
intentions of the Act. However, the regulations have not been made and as a result, application
is through formal letter to the minister.
iii. The minister will then in consultation with the relevant road authority, grant leave to
construct an access road, section 62 (2) Roads Act, 2019. In the instant facts Majje has refused
to listen to any suggestions of negotiations and has even threatened to deal anybody who dares
to touch any inch of his land as described in his title Kyadondo Block 256 Plot 110.
Necessary Document

Microsoft Word
Document
 PART D
Brief facts
James kapwepwe purchased a building on Nasser road plot 34A from mukalazi mansur which
is occupied on the ground floor by: 5 retail shops that pay rent a month in advance, and on the

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veranda, a mobile money kiosk of zaituni who pays 100,000 shillings monthly and ssalongo
matayo a newspaper vendor who operated since 1994, but does not pay any rent, which
prompts kcca enforcers to harass him and confiscate his goods
On the first floor, are 12 tenants each paying a year in advance with the earliest expiring on
January 2024 and last in July 2024, however 2 of the tenants are in arears and termed difficult
by mansur. While the 2nd floor has tenants that pay 3 months in advance or weekly, and further
this floor has corridor between offices where on of the tenants allowed his brother ngajaba to
display his art pieces without mansur knowledge and also doesn’t pay rent to his brother.
Kapwepwe now wants to renovate the buiding after clearing of the tenants and after begin
with a new slate and then create a basement parking in the next plot he purchased which would
involve deep excavation over 10 metres into the neighbouring plots of Mugaga Ramanzani

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a) Advise Kapwepwe on the additional information he may require from mansur, since the
transaction happened when mansur was away in a pilgrimage to mecca

1) We need the various agreements between mansur and the tenants and there expiration

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dates. To be able to consider the tenants eligible for the next slate after renovations are
done
2) Are there any outstanding balances with the tenants? For purposes of recovery
3) Any disputes or complaints with or by the tenants
4) Are the tenants likely to renew their contracts? This is to verify if there are any tenants
willing to continue with the contracts.
5) Are there any restrictions on the landlord’s ability to terminate the contracts. So that
kapwepwe does not act outside the agreed contract terms
6) What is the current market value of the rent payable within the area. To be able to
consider an increase in rent.
7) Are the tenants responsible for any repairs or maintenance costs? So as to increase the
rent fee after renovations to cater for the renovation costs.
8) What is the condition of the property and if it’s worth renovation?
31

a) Analyse for kapwepwe the different interests and or rights of the different categories of
occupants of the building
 Court in the case of Okidi & Anor.v. Odwong (Civil Appeal No.233 of 2015), defined a
licence to mean a permission granted by the landlord to the licensee to use it for a
specified purpose or for purposes which are included in a license. And does not usually
confer a right to exclusive possession of land, nor any interest in it.

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 Further court defined two categories of licence to as;
 A bare licence to mean gratuitous permission to enter or occupy the licensors land and it
can be revoked at any time and cannot be assigned by the licensee to a third party.

licensees

In this case, Mr. Ssalongo Matayo a newspaper vendor on veranda of Mansur Apartment
since 2004 without pay, is regarded as A bare licensee and his occupation may be halted at any
time.

Contractual license provides an express or implied permission to enter or use the property in
exchange for some consideration. cannot be revoked during the period the parties intended it to 32
last. In the present situation, Zaituna a mobile money operator on veranda is regarded to be
under contractual licence arrangement between her and landlord Mr. Mansur.
S.3(1)(a) &(b) LTA,2022, that tenancy agreement is in writing or by word of mouth.

In the present situation, Enoch Ngajaba’s occupation is in question because there is no

consideration in return for the occupancy and no agreement for occupation but likely to be by

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word of mouth. However Due to the absence of a consideration he cannot be regarded as a
tenant, but may be a bare licence created by the tenant.

Tenants

Tenants have a right to quiet enjoyment of the premises. This is provided for under section
19 of the Landlord and Tenant Act 2022 which is to the effect that a landlord shall take all
reasonable steps to ensure that the tenant has quiet enjoyment of the premises during the
tenancy. The landlord and those claiming through him/her will not interfere with the tenant’s
possession. This is because, by letting the premises to the tenant, the land lord gives the tenant
the right of possession and thereby guarantees not to interfere with the tenant’s exercise of the
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right or use of the premises.
In the case of Opinya v Mukasa (1964) CC No. 167, the landlord sought to forcibly evict his
tenant by removing the roof from the premises. The court awarded punitive damages because of
the high-handed manner of the landlord’s interference with the tenant’s possession.

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The tenant has a right to use the premises for the purpose it was let out.

A right to occupy premises which is fit for habitation. This is provided for under section 6(1)
(a & b) of the Landlord and Tenant Act 2022

A tenant has a right to have a copy of the tenancy agreement. Section 5 of the Act provides
that the landlord shall immediately after a tenancy agreement is signed by the landlord and
tenant give a copy of the tenancy agreement to the tenant.

Tenants have the right to have receipts of rent after effecting payment. This right is provided
for under section 25 of the Act

A tenant has a right not to be unlawfully evicted. The tenant shall not except in accordance 34
with the terms of the tenancy agreement is evicted by the land lord from the premises as per
section 45 of the Landlord and Tenant Act, 2022.
d) advise Kapwepwe on his obligations if any to Mugaga Ramanzani as he undertakes his
excavation works
Issues

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Does Mr. Kapwepwe owe Mugaga Ramanzani any obligations? If yes, what are they?
Yes, Mr. Kapwepwe must carry out the developments on his land responsibly and
reasonably to ensure that he does not commit a private nuisance against Mr Mugaga
Ramanzani, his neighbor, which would interfere with his right to enjoy his property.
“No Man Is an Island” is a well-known saying that seems to advance the thought that all persons
are connected by common goals and obligations. The same can be said for real property: “No
land exists in isolation.” If one owns land, one must deal with all the people that surround the
land and who own land that gives access to one’s land. This simple fact has led to a thousand
years of common law followed by statutory law as to the rights and obligations of property
owners whose lands abut. This position is derived from the Latin principle which states that:
(sic) utere tuo ut alienum non laedas (meaning, use your property as not to injure your
neighbor’s).
35
A landowner, while constructing buildings and other structures, must make reasonable and
proper use of his/her property. In Ainsworth v. Lakin, 180 Mass. 397 (Mass. 1902), the
Court held that a landowner must use reasonable care to prevent structures from becoming
dangerous to adjoining owners. However, a landowner has the right to build up a foundation
for a proposed building to any height. In the absence of a party wall, a foundation should be

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laid and built upon and supported by its own premises. Additionally, with regards to a fill
made on the landowner’s premises above the natural surface, the landowner cannot use the
wall on the land of the adjoining owner as an artificial support.
In Miller v. McClelland, 173 N.W. 910 the plaintiff and defendants were the owners of
adjoining lots. The plaintiff constructed on her lot a building and a party wall. Defendant,
while constructing on his lot, piled the filling material against the plaintiff’s wall without
making any provision for the protection of her wall or building. The defendant’s lot sloped
down bringing injury to the plaintiff’s wall and building. The Court held that the defendant
was liable for causing injury to the plaintiff’s wall. The Court observed that the defendant is
entitled to build up a foundation for his proposed building to such height as he pleased. But in
the absence of a party wall such a foundation should be supported by the defendant’s
premises. Also, the defendant has no right to use the party wall as an artificial support for a
fill made on his premises above the natural surface of his lot. 36
Mr. Kapwepwe must ensure that his development activities are not injurious to Mr.
Mugaga’s health.
Part IX of the Public Health Act which deals with sanitation and housing specifically prohibits
nuisances. Section 54 of the Act provides that no person shall cause a nuisance or shall suffer to
exist on any land or premises owned or occupied by him or her or of which he or she is in

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charge, any nuisance or other condition liable to be injurious or dangerous to health.

In Hunter v Canary Wharf Ltd [1997] UKHL 14, it was established that private nuisance is of
three types: encroachment on a neighbour’s land; direct physical injury to the land; or
interference with the enjoyment of land. Interference with the use or enjoyment of land is
determined by considering the sensitivity of the claimant; the location of the claimant’s
premises; and the material damage made to the land but liability depends on the nature of the
defendant’s conduct and balance of conflicting interests. Also, more or less, a person would be
held liable for nuisance only if the land is damaged and not merely chattels on the land. Thus, it
is only when the interference becomes unreasonable and substantial that the law interferes.

In conclusion therefore, based on the above-discussed positions of the law on private nuisance, 37
Mr Kapwepwe should endeavour to carry out the intended developments with due regard to his
neighbour Mr Mugaga Ramanzani to avoid attracting any legal consequences that arise from
private nuisance.
C). NOTICES

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 PART E, (a & b).

The Advocates (Remuneration and taxation of Costs) (Amendment)Regulation 2018 provides

for the fees payable under item 1 of the second schedule as 5% of the consideration 0r 500,000

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shillings whichever is higher where the consideration does not exceed10,000,000.so in this
scenario the fees payable shall be ugx 675,000

b) In the case of Makumbi and another v Sole Electrics (U) Ltd [1990–1994] 1 EA
306. That case involved a reference to a single judge of the Supreme Court on the award of
costs of the appeal. It was decided by honorable Justice Manyindo DCJ, JSC as he then said:
“The principles governing taxation of costs by a Taxing Master are well settled. First, the
instruction fee should cover the advocates’ work, including taking instructions as well as
other work necessary for presenting the case for trial or appeal, as the case may be.
Second, there is no legal requirement for awarding the Appellant a higher brief fee than
the Respondent, but it would be proper to award the Appellant’s Counsel a slightly
higher fee since he or she has the responsibility to advise his or her client to challenge
the decision. Third, there is no mathematical or magic formula to be used by the Taxing
39
Master to arrive at a precise figure. Each case has to be decided on its own merit and
circumstances. For example, a lengthy or complicated case involving lengthy
preparations and research will attract high fees.