Compulsory land acquisition and compensation in Uganda
In brief
Government may compulsorily acquire land for a public purpose, but only on constitutional terms. Article 26 of the Constitution permits compulsory deprivation of property only where, among other things, there is prompt payment of fair and adequate compensation prior to the taking of possession. The Land Acquisition Act, Cap. 235 (2023 Revision) sets the machinery: a ministerial declaration that the land is needed (s.3), notice to those interested (s.5), an inquiry and a compensation award by an assessment officer (s.6), and the taking of possession (s.7). In UNRA v Irumba the Supreme Court confirmed that compensation must come before possession.
1. Governing law
The constitutional baseline is Article 26 of the Constitution, which protects the right to property and allows compulsory acquisition only for public use or in the public interest and subject to prompt payment of fair and adequate compensation prior to taking possession, with a right of access to court. The Land Acquisition Act, Cap. 235 (2023 Revision) provides the procedure: where the Minister is satisfied that land is required by the Government for a public purpose, a declaration is made by statutory instrument and served on the registered proprietor (s.3); the assessment officer publishes and exhibits a notice that Government intends to take possession and that compensation claims may be made, requiring interested persons to appear on a day not earlier than fifteen and (unless the Minister directs otherwise) not later than thirty days after the notice (s.5); the officer holds an inquiry and makes an award of compensation (s.6), which the Government pays after the appeal time expires; and the officer takes possession, whereupon the land vests in the Uganda Land Commission free from encumbrances and interests convert into compensation claims (s.7). Section 7(1) on its face allowed possession as soon as the award was made (or earlier on a public-interest certificate), and in Uganda National Roads Authority v Irumba the Supreme Court upheld the nullification of s.7 to the extent that it did not provide for prior payment of compensation before Government takes possession, consistently with Article 26(2). Statutory text verified against the consolidated Laws of Uganda as at 31 December 2023. Sourced from the Uganda Legal Information Institute (ulii.org).
2. Key statutes & rules
- Constitution of the Republic of Uganda, 1995 — Article 26 (protection from deprivation of property; compulsory acquisition only for a public purpose and on prompt payment of fair and adequate compensation prior to taking possession, with access to court); Article 237 (land vests in the citizens of Uganda).
- Land Acquisition Act, Cap. 235 (2023 Revision) — s.3 (ministerial declaration by statutory instrument that land is needed for a public purpose); s.5 (notice to persons interested; appearance on a day fifteen to thirty days after notice); s.6 (inquiry and award of compensation; payment after the appeal time); s.7 (taking possession; land vests in the Uganda Land Commission; interests convert to compensation claims).
3. Leading case
Uganda National Roads Authority v Irumba & Anor
Section 7 of the Land Acquisition Act is nullified to the extent it does not require payment of compensation before Government takes possession, contrary to Article 26(2).
4. Practical guidance
Check the declaration: a compulsory acquisition starts with a ministerial declaration by statutory instrument that the land is needed for a public purpose, served on the proprietor (s.3).
Respond to the assessment officer's notice and appear on the stated day (fifteen to thirty days after the notice) to state your interest and your compensation claim (s.5).
Participate in the inquiry and scrutinise the award — the officer fixes the area, the compensation and its apportionment (s.6).
Insist on the constitutional sequence: fair and adequate compensation must be paid before Government takes possession (Article 26(2); UNRA v Irumba).
Use the statutory remedies: appeal or refer disputed compensation as the Act allows, and invoke the right of access to court under Article 26.
This note is a practitioner orientation, not legal advice, and does not create an advocate–client relationship. Ugandan law changes and chapter and section numbers were revised in the 2023 Laws of Uganda. Verify every statute, rule and authority against the current primary source — and the specific facts of your matter — before filing or relying on it.