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Expropriated Properties Act

Act 1982 No. 9 Act 9 of 1982 Current version · as at 31 December 2023

An Act to provide for the transfer of the properties and busine

Enacted1982
Commenced21 February 1983
Last amended—
Point-in-time consolidation · as at 31 December 2023. This page may not reflect amendments made after that date. Confirm the current position against the latest Uganda Gazette before relying on it.

About this Act

An Act to provide for the transfer of the properties and busine

Jurisdiction
Uganda
Type
Principal Legislation
Status
In force
Language
English

Full text of the Act

0 parts · 16 sections

Enhanced Annotated View adds approved, source-linked propositions, operative requirements, judicial passages, related provisions, amendment notes and authority status. Choose Original PDF to inspect the source consolidation.

Uganda

Expropriated Properties Act

Act 1982 No. 9

Commenced on 21 February 1983

[This is the version of this document at 31 December 2023.]

An Act to provide for the transfer of the properties and busine

Interpretation

In this Act, unless the context otherwise requires

"Board" means the Departed Asians' Property Custodian Board established by section 5 of the Assets of Departed Asians Act;

"departed Asians" means any Asian who left Uganda on or after the 9th day of August, 1972, in such manner as necessitated the taking over in the public interest of any property or business he or she left in Uganda;

"former owner" means any person who was either the registered owner or proprietor of any real or movable property in Uganda or was a shareholder in a business or enterprise registered in Uganda and who was either expelled or forced to flee from Uganda during the period of the military regime or was in any other way dispossessed of the property or business; and includes anybody who is the legal heir or successor of that person;

"joint venture company" means a company in which the Government and a former owner invest and participate together;

"military regime" means the Government in power during the period from the 25th January, 1971 to the 3rd June, 1979;

"Minister" means the Minister responsible for finance;

"property or business" means movable and immovable property and includes stocks, shares, assets and liabilities of whatever description;

"scheduled article" has the same meaning as in the Industrial Licensing Act.

Section analysis 1 source-matched judicial passage Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Interpretation”.

“In this Act, unless the context otherwise requires "Board" means the Departed Asians' Property Custodian Board established by section 5 of the Assets of Departed Asians Act;”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Interpretation”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

7
  1. "departed Asians" means any Asian who left Uganda on or after the 9th day of August, 1972, in such manner as necessitated the taking over in the public interest of any property or business he or she left in Uganda;
  2. "former owner" means any person who was either the registered owner or proprietor of any real or movable property in Uganda or was a shareholder in a business or enterprise registered in Uganda and who was either expelled or forced to flee from Uganda during the period of the military regime or was in any other way dispossessed of the property or business; and includes anybody who is the legal heir or successor of that person;
  3. "joint venture company" means a company in which the Government and a former owner invest and participate together;
  4. "military regime" means the Government in power during the period from the 25th January, 1971 to the 3rd June, 1979;
  5. "Minister" means the Minister responsible for finance;
  6. "property or business" means movable and immovable property and includes stocks, shares, assets and liabilities of whatever description;
  7. "scheduled article" has the same meaning as in the Industrial Licensing Act.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

3
Related provisions
Section 5 · Property in which Government wishes to participate Assets of Departed Asians Act Industrial Licensing Act
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Re-vesting of properties in Government, etc

(1)

Any property or business which was-

(a)

vested in the Government and transferred to the Departed Asians Property Custodian Board under the Assets of Departed Asians Act;

(b)

acquired by the Government under the Properties and Businesses (Acquisition) Decree, 1973; or

(c)

in any other way appropriated or taken over by the military regime except property which had been affected by the provisions of the National Trust Decree, 1971, shall, from the commencement of this Act, remain vested in the Government and be managed by the Ministry responsible for finance.

(2)

For the avoidance of doubt, and notwithstanding the provisions of any written law governing the conferring of title to land, property or business and the passing or transfer of that title, it is declared that-

(a)

any purchase, transfer and grant of, or any dealings of whatever kind in such property or business is nullified; and

(b)

where any property affected by this section was at the time of its expropriation held under a lease or an agreement for a lease, or any other specified tenancy of whatever description, and where the lease, agreement for a lease or tenancy had expired or was terminated, the same shall be deemed to have continued, and to continue in force until the property has been dealt with in accordance with this Act, and for such further period as the Minister may by regulations made under this Act prescribe.

(3)

The Minister may, by statutory order, appoint any person or body to manage any property or business vested in the Government under subsection (1).

(4)

Until such a time as the Minister has exercised his or her powers under subsection (3), the Departed Asians Property Custodian Board established under section 5 of the Assets of Departed Asians Act shall continue to manage such properties and businesses.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Re-vesting of properties in Government, etc”.

“(1) Any property or business which was-”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

9
  1. (1) Any property or business which was-
  2. (a) vested in the Government and transferred to the Departed Asians Property Custodian Board under the Assets of Departed Asians Act;
  3. (b) acquired by the Government under the Properties and Businesses (Acquisition) Decree, 1973; or
  4. (c) in any other way appropriated or taken over by the military regime except property which had been affected by the provisions of the National Trust Decree, 1971, shall, from the commencement of this Act, remain vested in the Government and be managed by the Ministry responsible for finance.
  5. (2) For the avoidance of doubt, and notwithstanding the provisions of any written law governing the conferring of title to land, property or business and the passing or transfer of that title, it is declared that-
  6. (a) any purchase, transfer and grant of, or any dealings of whatever kind in such property or business is nullified; and
  7. (b) where any property affected by this section was at the time of its expropriation held under a lease or an agreement for a lease, or any other specified tenancy of whatever description, and where the lease, agreement for a lease or tenancy had expired or was terminated, the same shall be deemed to have continued, and to continue in force until the property has been dealt with in accordance with this Act, and for such further period as the Minister may by regulations made under this Act prescribe.
  8. (3) The Minister may, by statutory order, appoint any person or body to manage any property or business vested in the Government under subsection (1).

1 further item remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

3

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions
Section 5 · Property in which Government wishes to participate Assets of Departed Asians Act
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Power to transfer property or business

(1)

Subject to this Act, the Minister shall have the power to transfer to the former owner of any property or business vested in the Government under this Act that property or business.

(2)

Nothing in this Act shall be construed as empowering the Minister to transfer property or business to a former owner unless the Minister is satisfied that the former owner shall physically return to Uganda, repossess and effectively manage the property or business.

(3)

Subsection (2) shall not apply to a former owner who jointly participates with the Government in the ownership and management of any property or business pursuant to section 5 .

Section analysis 1 source-matched judicial passage Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Power to transfer property or business”.

“(1) Subject to this Act, the Minister shall have the power to transfer to the former owner of any property or business vested in the Government under this Act that property or business.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) Subject to this Act, the Minister shall have the power to transfer to the former owner of any property or business vested in the Government under this Act that property or business.
  2. (2) Nothing in this Act shall be construed as empowering the Minister to transfer property or business to a former owner unless the Minister is satisfied that the former owner shall physically return to Uganda, repossess and effectively manage the property or business.
  3. (3) Subsection (2) shall not apply to a former owner who jointly participates with the Government in the ownership and management of any property or business pursuant to section 5.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

7
Appellate court — binding on lower courts ✓ Source matched
The General Notice and the Statutory Instrument effectively amended Section 3 of the Expropriated Properties Act, 1982 by extending the ninety days prescribed in the Section. 291 Section 6(l) of the EPA, provides that subject to the Act, after the 20 Minister has been satisfied with the merits of an application for repossession, he/she can issue a certificate authoring the former owner to repose the property or business. 30] Counsel contended that under Section l2(l) of EPA, the Government must compensate the former owner whose property or business is
Ismailia Building Company Limited & 3 Others v Attorney General & 4 Others (Constitutional Petition 37 of 2019) [2024] UGCC 27 (18 December 2024)
[2024] UGCC 27 · Constitutional Court · 2024-12-18

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions
Section 5 · Property in which Government wishes to participate
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Application for repossession

Any former owner of property or business vested in the Government under section 2 may, within ninety days of the commencement of this Act, apply to the Minister in writing and in such form as may be prescribed for repossession of the property or business

Section analysis 1 source-matched judicial passage Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Scope rule

This section defines when and how “Application for repossession” applies.

“Any former owner of property or business vested in the Government under section 2 may, within ninety days of the commencement of this Act, apply to the Minister in writing and in such form as may be prescribed for repossession of the property or business”
Primary legislation Source quotation matched
Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Any former owner of property or business vested in the Government under section 2 may, within ninety days of the commencement of this Act, apply to the Minister in writing and in such form as may be prescribed for repossession of the property or business
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

3
High Court — persuasive authority ✓ Source matched
itted that the Plaintiff's late father, Indar Singh Gill being the former owner of the suit property, applied to repossess the suit propert y and on account of a certificate of repossession dated 1* April 1992 that was issued by the Minister for Finance to the Plaintiff's father, the suit property was re-veste d into the Plaintiff's hands. Counsel relied on Section 4 of the Expropriated Properties Act (E.P.A), Cap 87, which provides that;
Balbinder v Departed Asians Property Custodian Board (Civil Suit 34 of 2012) [2023] UGHC 234 (4 December 2023)
[2023] UGHC 234 · High Court · 2023-12-04

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions
Section 2 · Re-vesting of properties in Government, etc
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Property in which Government wishes to participate

(1)

Where an application made under section 4 relates to property or business in which the Government wishes to participate, the Minister shall notify the applicant accordingly and invite him or her to enter into negotiations for that purpose.

(2)

Where the negotiations under subsection (1) are successfully concluded, a joint venture company shall be incorporated and the Minister shall issue a certificate transferring the property or business to that company.

(3)

Where the Minister is satisfied that any property or business affected by this Act is being occupied, managed or rehabilitated under a joint venture agreement with a former owner which is in the best interest of Uganda, the Minister may without recourse to subsections (1) and (2) issue a certificate validating the transfer of any property or business made pursuant to the joint venture agreement.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Property in which Government wishes to participate”.

“(1) Where an application made under section 4 relates to property or business in which the Government wishes to participate, the Minister shall notify the applicant accordingly and invite him or her to enter into negotiations for that purpose.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) Where an application made under section 4 relates to property or business in which the Government wishes to participate, the Minister shall notify the applicant accordingly and invite him or her to enter into negotiations for that purpose.
  2. (2) Where the negotiations under subsection (1) are successfully concluded, a joint venture company shall be incorporated and the Minister shall issue a certificate transferring the property or business to that company.
  3. (3) Where the Minister is satisfied that any property or business affected by this Act is being occupied, managed or rehabilitated under a joint venture agreement with a former owner which is in the best interest of Uganda, the Minister may without recourse to subsections (1) and (2) issue a certificate validating the transfer of any property or business made pursuant to the joint venture agreement.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Section 4 · Application for repossession
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Property in which Government does not wish to participate

(1)

On receipt of an application made under section 4 relating to property or business in which the Government does not wish to participate, the Minister shall, subject to subsections (2) and (3), after satisfying himself or herself with the merits of the application, issue a certificate authorising the former owner to repossess the property or business.

(2)

Notwithstanding sections 2(2) and 3 , where the property or business affected by this Act is applied for by a former owner, and the property or business is the subject of a caveat, lien, loan, charge, mortgage or any other registered encumbrance in favour of a bank, financial institution or any other lender, the Minister shall first hold consultations with the former owner and the bank, financial institution or other lender, as the case may be, with a view to securing mutually acceptable arrangements for the discharge of any such liabilities or encumbrances.

(3)

Where no agreement is reached following any consultations held in accordance with subsection (2), the Minister shall direct such arrangements as he or she considers fit in any particular case.

(4)

Subject to section 9(1) , in the case of a registered business or enterprise, nothing in subsections (1), (2) and (3) shall be construed as obliging the Minister to return the registered business or enterprise to a former owner unless the Minister is satisfied that the former owner held a reasonable percentage of shares in it.

Section analysis 1 source-matched judicial passage Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Property in which Government does not wish to participate”.

“(1) On receipt of an application made under section 4 relating to property or business in which the Government does not wish to participate, the Minister shall, subject to subsections (2) and (3), after satisfying himself or herself with the merits of the application, issue a certificate authorising the former owner to repossess the property or business.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (1) On receipt of an application made under section 4 relating to property or business in which the Government does not wish to participate, the Minister shall, subject to subsections (2) and (3), after satisfying himself or herself with the merits of the application, issue a certificate authorising the former owner to repossess the property or business.
  2. (2) Notwithstanding sections 2(2) and 3, where the property or business affected by this Act is applied for by a former owner, and the property or business is the subject of a caveat, lien, loan, charge, mortgage or any other registered encumbrance in favour of a bank, financial institution or any other lender, the Minister shall first hold consultations with the former owner and the bank, financial institution or other lender, as the case may be, with a view to securing mutually acceptable arrangements for the discharge of any such liabilities or encumbrances.
  3. (3) Where no agreement is reached following any consultations held in accordance with subsection (2), the Minister shall direct such arrangements as he or she considers fit in any particular case.
  4. (4) Subject to section 9(1), in the case of a registered business or enterprise, nothing in subsections (1), (2) and (3) shall be construed as obliging the Minister to return the registered business or enterprise to a former owner unless the Minister is satisfied that the former owner held a reasonable percentage of shares in it.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

3
High Court — persuasive authority ✓ Source matched
What the law requires, that is Section 6 of the Expropriated Properties Act, is that on presentation of the same to the Chief Registrar of Titles, it was sufficient authority for the Chief Registrar to transfer title.
Nagji Textile Ltd v A B Popat & 2 Others (HCT-00-CV-1212 OF 1998) (HCT-00-CV-1212 of 1998) [2002] UGHC 24 (29 October 2002)
[2002] UGHC 24 · High Court · 2002-10-29

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions
Section 4 · Application for repossession Section 2 · Re-vesting of properties in Government, etc Section 3 · Power to transfer property or business Section 9 · Failure to claim, etc
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Transfer of title

A certificate issued under section 5 or 6 shall be sufficient authority for (a) the Registrar of Titles to transfer title to the new joint venture company or the former owner, as the case may be;

(b)

the bank or financial institution to reactivate any frozen account or repay any transferred money; or

(c)

the Registrar of Companies to reinstate on the register a company that had been struck off.

Section analysis 1 source-matched judicial passage Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Transfer of title”.

“A certificate issued under section 5 or 6 shall be sufficient authority for (a) the Registrar of Titles to transfer title to the new joint venture company or the former owner, as the case may be;”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (b) the bank or financial institution to reactivate any frozen account or repay any transferred money; or
  2. (c) the Registrar of Companies to reinstate on the register a company that had been struck off.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

3
Related provisions
Section 5 · Property in which Government wishes to participate Section 6 · Property in which Government does not wish to participate
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Restriction on sale, etc

Any property or business transferred to a joint venture company or to a former owner under this Act shall not be sold or otherwise disposed of without the written consent of the Minister until after five years from the date of the transfer.

Section analysis 1 source-matched judicial passage Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Restriction on sale, etc”.

“Any property or business transferred to a joint venture company or to a former owner under this Act shall not be sold or otherwise disposed of without the written consent of the Minister until after five years from the date of the transfer.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Any property or business transferred to a joint venture company or to a former owner under this Act shall not be sold or otherwise disposed of without the written consent of the Minister until after five years from the date of the transfer.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

3
High Court — persuasive authority ✓ Source matched
Counsel for the 2 Defendant cited Section 8 of the Expropriated Properties Act which provides that any property transferred from the Government to a former owner under the Act shall not be sold or otherwise disposed of without the written consent of the Minister until after 5 years from the date of the transfer.
TSMP (U) Limited v Commissioner Land Registration & 2 Others (Civil Suit 14 of 2016) [2024] UGHC 318 (14 May 2024)
[2024] UGHC 318 · High Court · 2024-05-14

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Failure to claim, etc

(1)

Where-

(a)

a former owner of any property or business does not apply for repossession within the period specified under section 4 ;

(b)

the Minister is not satisfied with the application made under section 4 ;

(c)

negotiations under section 5(1) fail; or

(d)

having been authorised to repossess the property or business under section 6 , the former owner fails to physically return and reside in Uganda within one hundred twenty days from the date of the authorisation, the Minister may make an order that the property or business be retained by Government, or be sold or disposed of in such manner as may be stipulated in the regulations made under this Act; except that in the case of a registered business or enterprise, the Minister may, on being satisfied that the minority interests in the business or enterprise may be unduly prejudiced by an order made under this section, give such other directions as he or she deems fit.

(2)

Where an order made under subsection (1) concerns property or a business which is the subject of a caveat, lien, loan, charge, mortgage or any other registered encumbrance in favour of a bank, financial institution or any other lender, the Minister shall direct such arrangements as he or she considers fit for the discharge of any such liability or encumbrance.

(3)

The Minister shall issue a certificate to the purchaser or recipient of any property or business sold or otherwise disposed of under this section, and the certificate shall have the same effect as a certificate issued under sections 5 and 6 .

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Failure to claim, etc”.

“(1) Where-”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

7
  1. (1) Where-
  2. (a) a former owner of any property or business does not apply for repossession within the period specified under section 4;
  3. (b) the Minister is not satisfied with the application made under section 4;
  4. (c) negotiations under section 5(1) fail; or
  5. (d) having been authorised to repossess the property or business under section 6, the former owner fails to physically return and reside in Uganda within one hundred twenty days from the date of the authorisation, the Minister may make an order that the property or business be retained by Government, or be sold or disposed of in such manner as may be stipulated in the regulations made under this Act; except that in the case of a registered business or enterprise, the Minister may, on being satisfied that the minority interests in the business or enterprise may be unduly prejudiced by an order made under this section, give such other directions as he or she deems fit.
  6. (2) Where an order made under subsection (1) concerns property or a business which is the subject of a caveat, lien, loan, charge, mortgage or any other registered encumbrance in favour of a bank, financial institution or any other lender, the Minister shall direct such arrangements as he or she considers fit for the discharge of any such liability or encumbrance.
  7. (3) The Minister shall issue a certificate to the purchaser or recipient of any property or business sold or otherwise disposed of under this section, and the certificate shall have the same effect as a certificate issued under sections 5 and 6.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

2

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions
Section 4 · Application for repossession Section 5 · Property in which Government wishes to participate Section 6 · Property in which Government does not wish to participate
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Present tenants

(1)

Any person who, at the commencement of this Act, is legitimately occupying or managing property or a business affected by section 2 shall continue to so occupy or manage the property or business until the property or business is returned to the former owner or is sold or otherwise disposed of under this Act.

(2)

An officer or employee of the Government, a Government institution or parastatal body or any other legitimate tenant shall be entitled to not less than ninety days notice to vacate any residential property he or she is legitimately occupying where that property is returned to a former owner, sold or otherwise disposed of in accordance with this Act.

(3)

Any person who is entitled by this section to continue occupying or managing any property or business shall, for the period he or she continues to so occupy or manage, pay such rents as may be determined by the Minister.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Present tenants”.

“(1) Any person who, at the commencement of this Act, is legitimately occupying or managing property or a business affected by section 2 shall continue to so occupy or manage the property or business until the property or business is returned to the former owner or is sold or otherwise disposed of under this Act.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) Any person who, at the commencement of this Act, is legitimately occupying or managing property or a business affected by section 2 shall continue to so occupy or manage the property or business until the property or business is returned to the former owner or is sold or otherwise disposed of under this Act.
  2. (2) An officer or employee of the Government, a Government institution or parastatal body or any other legitimate tenant shall be entitled to not less than ninety days notice to vacate any residential property he or she is legitimately occupying where that property is returned to a former owner, sold or otherwise disposed of in accordance with this Act.
  3. (3) Any person who is entitled by this section to continue occupying or managing any property or business shall, for the period he or she continues to so occupy or manage, pay such rents as may be determined by the Minister.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Section 2 · Re-vesting of properties in Government, etc
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Proceeds of sale, etc

All money realised from the sale or other disposal of any property or business under this Act shall be paid into such account of the Government or Government body as the Minister may direct.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Proceeds of sale, etc”.

“All money realised from the sale or other disposal of any property or business under this Act shall be paid into such account of the Government or Government body as the Minister may direct.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. All money realised from the sale or other disposal of any property or business under this Act shall be paid into such account of the Government or Government body as the Minister may direct.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Compensation and settlements

(1)

The Government shall pay compensation to any former owner, not being a citizen of Uganda, whose property or business is affected by section 9 .

(2)

Where property or business is returned to a former owner or transferred to a joint venture company or retained by the Government in accordance with this Act, the former owner or the company or the Government, as the case may be, shall be liable to pay for the value of any improvements in the property or business to the person or body that effected the improvement.

(3)

Where property or business had been transferred to any person or body for value and the property or business is returned to a former owner or is otherwise dealt with in accordance with this Act, the Government shall be liable to pay compensation to that person or body.

(4)

The compensation payable under subsection (3) shall be the purchase price less the income derived or which ought to have been derived from the property or business from the date of the transfer.

(5)

Any person whose title to or ownership of any property or business is nullified by section 2 and who reacquires the property or business in accordance with section 9 shall not be entitled to any compensation otherwise payable under this section.

(6)

Any compensation, unless already paid before the commencement of this Act, shall be paid over such period and in such manner as the Minister may determine or negotiate with the person or body to be compensated.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Compensation and settlements”.

“(1) The Government shall pay compensation to any former owner, not being a citizen of Uganda, whose property or business is affected by section 9.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

6
  1. (1) The Government shall pay compensation to any former owner, not being a citizen of Uganda, whose property or business is affected by section 9.
  2. (2) Where property or business is returned to a former owner or transferred to a joint venture company or retained by the Government in accordance with this Act, the former owner or the company or the Government, as the case may be, shall be liable to pay for the value of any improvements in the property or business to the person or body that effected the improvement.
  3. (3) Where property or business had been transferred to any person or body for value and the property or business is returned to a former owner or is otherwise dealt with in accordance with this Act, the Government shall be liable to pay compensation to that person or body.
  4. (4) The compensation payable under subsection (3) shall be the purchase price less the income derived or which ought to have been derived from the property or business from the date of the transfer.
  5. (5) Any person whose title to or ownership of any property or business is nullified by section 2 and who reacquires the property or business in accordance with section 9 shall not be entitled to any compensation otherwise payable under this section.
  6. (6) Any compensation, unless already paid before the commencement of this Act, shall be paid over such period and in such manner as the Minister may determine or negotiate with the person or body to be compensated.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

2

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions
Section 9 · Failure to claim, etc Section 2 · Re-vesting of properties in Government, etc
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Valuation of properties

In the implementation of this Act, the Minister shall, in matters of valuations, be guided by the board of valuers established under section 2 of the Properties and Businesses (Acquisition) Decree,

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Valuation of properties”.

“In the implementation of this Act, the Minister shall, in matters of valuations, be guided by the board of valuers established under section 2 of the Properties and Businesses (Acquisition) Decree,”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. In the implementation of this Act, the Minister shall, in matters of valuations, be guided by the board of valuers established under section 2 of the Properties and Businesses (Acquisition) Decree,
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Section 2 · Re-vesting of properties in Government, etc
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Legal proceedings

Notwithstanding the Government Proceedings Act, and except as provided herein, nothing in this Act shall be construed as conferring a right on any person or body to sue the Government for damages arising from any loss, damage, waste or deterioration of any property or business covered under this Act where the loss, damage, waste or deterioration occurred before the commencement of this Act

Section analysis 3 source-matched judicial passages Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Legal proceedings”.

“Notwithstanding the Government Proceedings Act, and except as provided herein, nothing in this Act shall be construed as conferring a right on any person or body to sue the Government for damages arising from any loss, damage, waste or deterioration of any property or business covered under this Act where the loss, damage, waste or deterioration occurred before the commencement of this Act”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Notwithstanding the Government Proceedings Act, and except as provided herein, nothing in this Act shall be construed as conferring a right on any person or body to sue the Government for damages arising from any loss, damage, waste or deterioration of any property or business covered under this Act where the loss, damage, waste or deterioration occurred before the commencement of this Act
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

6
High Court — persuasive authority ✓ Source matched
Section 14 of the Expropriated properties Act, 1982, provides that any person
In The Matter of an Application for Order of Certiorari and Prohibition by Mustapha Ramathan v Honourable Minister of Finance and Economic Planning (Miscellaneous Application 230 of 1996) [1996] UGHC 106 (21 May 1996)
[1996] UGHC 106 · High Court · 1996-05-21

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions
Government Proceedings Act
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Appeal

(1)

A person who is aggrieved by any decision made by the Minister under this Act, may, within thirty days from the date of communication of the decision to him or her, appeal to the High Court against the decision.

(2)

Where the Minister's decision is made in writing, the decision shall be deemed to have been communicated-

(a)

fourteen days after the date of posting, where it is sent to an address in Uganda; and

(b)

twenty-one days after the date of posting, where it is sent to an address outside Uganda.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Procedural rule

This section establishes the governing procedure for “Appeal”.

“(1) A person who is aggrieved by any decision made by the Minister under this Act, may, within thirty days from the date of communication of the decision to him or her, appeal to the High Court against the decision.”
Primary legislation Source quotation matched
Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (1) A person who is aggrieved by any decision made by the Minister under this Act, may, within thirty days from the date of communication of the decision to him or her, appeal to the High Court against the decision.
  2. (2) Where the Minister's decision is made in writing, the decision shall be deemed to have been communicated-
  3. (a) fourteen days after the date of posting, where it is sent to an address in Uganda; and
  4. (b) twenty-one days after the date of posting, where it is sent to an address outside Uganda.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

3

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Regulations

The Minister may, be statutory instrument, make regulations (a) prescribing forms of application; and

(b)

generally for better carrying out the provisions of this Act.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Regulations”.

“The Minister may, be statutory instrument, make regulations (a) prescribing forms of application; and”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. (b) generally for better carrying out the provisions of this Act.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Original Laws of Uganda consolidation (as at 31 December 2023) — public-domain legislation, consolidated by ULII / Laws.Africa (CC BY 4.0). This is a point-in-time text and may not reflect later amendments; confirm against the latest Uganda Gazette before relying on it.