Constitution (Land Evictions) (Practice) Directions

I Objectives of Practice Directions.

SCHEDULE Forms Form A-Order of Eviction/Demolition. Form B-Notice of Eviction/Demolition. Form C-Return of Court Bailiff on Eviction/Demolition.

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THE CONSTITUTION

The Constitution (Land Evictions) (Practice) Directions, 2021 {Under article 133 (1) (b) of the Constitution)

In exercise of the powers conferred upon the Chief Justice by article 133 (1) (b) of the Constitution, these Practice Directions are issued this 10th day of February, 2020. i

These Practice Directions may be cited as the Constitution (Land Evictions) (Practice) Directions, 2021.

These Practice Directions apply to all courts of judicature.

The objectives of these Practice Directions are- (a) to protect proprietary interests and rights as provided for by article 26 of the Constitution; (b) to promote and ensure respect of the fundamental principles of natural justice; (c) to promote uniformity and consistency in handling evictions and demolitions; (d) to promote harmony among the various key stakeholders in the administration of justice; and

! (e) to give direction on eviction procedures to judicial officers, litigants, bailiffs, police officers, counsel and other stakeholders.

In these Practice Directions, unless the context otherwise requires-

"eviction'^means the removal of a person from possession of a proprietary interest through a valid court order;

Evictions and demolitions shall be carried out in accordance with the following principles-

Before an eviction or demolition is carried out-

An order of eviction shall be in Form A set out in the Schedule to these Practice Directions and shall state-

* (2) The notice of eviction or demolition shall be in Form B set out in the Schedule to these Practice Directions and shall contain-

Where the court makes an order of sale of immovable property in execution of and to satisfy a decree or an order as to taxed costs, care shall be taken not to infringe on the rights of tenants in occupation of the property or persons enjoying easements over the property or the rights accruing from other lawful encumbrances.

Every court bailiff shall, after carrying out an eviction or demolition, file in court a return on the eviction or demolition in Form C set out in the Schedule to these Practice Directions.

SCHEDULE

FORMA

ORDER OF EVICTION/DEMOLITION

Paragraphs 7, 8(2) r THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT

JUDGME

VERSUS

JUD

ORDER OF EVICTION */DEMOLITION*

WHEREAS by a Judgment/Order/Decree of this Court dated the Court made the following orders-

AND WHEREAS A Notice of EVICTION*/DEMOLITION * dated against the judgment debtor herein, was served upon the said *Delete whichever is inapplicable.

AND WHEREAS the said has not complied with the said Notice;

ITIS HEREBY ORDERED that be evicted forthwith from the land at OR the developments on land at be demolished forthwith.

IT IS FURTHER ORDERED that a return of eviction /demolition be filed in this Court on or before

GIVEN under my hand and the Seal of this Court this day of 20

Judge/Magistrate /Registrar

★Delete whichever is inapplicable

FORMB Paragraph 9(2)

NOTICE OF EVICTION/DEMOLITION

WHEREAS by a Judgment/Order/Decree* of the Court dated ... the judgment creditor obtained an order of eviction/demolition

NOTICE IS HEREBY GIVEN OF EVICTION/DEMOLITION* of the development at within ............. ...days from the date of this notice and in any case, on or before the day of 20

If you do not vacate the land/property/remove the illegal structure by the date staled above, eviction/demolition* shall take place without any further warning.

Given under my hand and the Seal of this Court this day of 20

Judge/Magistrate/Registrar

i ★Delete whichever is inapplicable.

FORMC Paragraph 12

RETURN OF COURT BAILIFF ON EVICTION/DEMOLITION

JUDGMENT CREDITOR/PLAINT1FF

VERSUS

JUDGMENT DEBTOR/DEFENDANT

RETURN OF EVICTION /DEMOLITION

Particulars of Court Bailiff Full name of the court bailiff 1 (Attach copy of licence, appointment letter and National ID)

2 Telephone/mobile number of court bailiff

3 Physical address of court bailiff

Names of person or persons affected by the eviction/demolition 4 (State particulars ofpersons affected by eviction/ demolition found on the land/structure and any propertyfound on the land/structure.)

Location of the land affected by the eviction/ demolition Order. 5 (State particulars of the land and attach sketch map ofthe land and certificate ofvisit to the land.)

Date. 6 (Insert date ofeviction)

Date on which eviction/demolition took place. 7 (Provide proof ofnotification /sensitization)

8 Name(s) of the persons present during the eviction/ demolition. (State area police ofparties and names ofofficer(s) Position/Rank Signature

Area LC1 Chairperson.

Others present

Names of TV Station(s). radio station, media present.

Property at the location.)

(Attach proof ofvisit to the land.)

Any other information that may be relevant to the 9 Court.

Dated at this day of ,20

COURT BAILIFF

BART.M.KATUREEBE, ChiefJustice.