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Practice Direction No. 1 of 2007 Issue of orders relating to registered land which affect or impact on the tenants by occupancy

Legal Notice 11 of 2007 Current version · as at 05 September 2007
Enacted2007
Commenced22 March 2007
Last amended—
Point-in-time consolidation · as at 05 September 2007. 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

A full descriptive summary for this Act has not been recorded yet.

Jurisdiction
Uganda
Type
Principal Legislation
Status
In force
Language
English

Full text of the Act

0 parts · 6 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

Practice Direction No. 1 of 2007 Issue of orders relating to registered land which affect or impact on the tenants by occupancy

Commenced on 22 March 2007

[This is the version of this document at 05 September 2007.]

1. Security of Tenancy by Occupancy on Registered Land

(a)

The Security of occupancy of tenants on registered land is guaranteed by Article 237 (8) of the Constitution and section 31 of the Land Act, and such tenants are deemed to be tenants of the registered owner.

(b)

Section 64 (2) of the Registration of Titles Act makes any land included in any certificate of title subject to the interest of any tenant of the land, though it may not be specially notified as an encumbrance on the certificate.

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 “Security of Tenancy by Occupancy on Registered Land”.

“(a) The Security of occupancy of tenants on registered land is”
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. (a) The Security of occupancy of tenants on registered land is guaranteed by Article 237 (8) of the Constitution and section 31 of the Land Act, and such tenants are deemed to be tenants of the registered owner.
  2. (b) Section 64 (2) of the Registration of Titles Act makes any land included in any certificate of title subject to the interest of any tenant of the land, though it may not be specially notified as an encumbrance on the certificate.
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
Land Act Registration of Titles 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

2. Determination of Lawful or Bona Fide Occupant

Where you have to determine whether a tenant is a "lawful" or "bona fide"

occupant evaluate the evidence carefully, and establish the origin,

succession to or acquisition of the tenancy (Kibanja) by the tenant by

occupancy, and take into consideration the various laws, such as the

Busuulu and Envujjo Law 1928, the Ankole Landlord and Tenant Law

1937, or the Toro Landlord and Tenant Law 1937, the Land Reform

Decree, 1975, and the Land Act, depending on the assertions of either

party as to his/her rights.

Visit to Locus In Quo

During the hearing of land disputes the court should take interest in

visiting the locus in quo, and while there;

(a)

Ensure that all the parties, their witnesses, and advocates (if any) are present.

Allow the parties and their witnesses to adduce evidence at the

locus in quo.

Allow cross-examination by either party, or his/her counsel.

(d)

Record all the proceedings at the locus in quo.

(e)

Record any observation, view, opinion or conclusion of the court, including drawing a sketch plan, if necessary.

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
Governing rule

This section states the governing statutory rule for “Determination of Lawful or Bona Fide Occupant”.

“Where you have to determine whether a tenant is a "lawful" or "bona fide"”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Determination of Lawful or Bona Fide Occupant”, together with the linked provisions and current consolidation.

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. (a) Ensure that all the parties, their witnesses, and advocates (if any) are present.
  2. (d) Record all the proceedings at the locus in quo.
  3. (e) Record any observation, view, opinion or conclusion of the court, including drawing a sketch plan, if necessary.
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
Land 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

4. Orders Relating to Ownership of Land

(a)

Great care should be taken in making orders which affect or impact on the rights of the tenants by occupancy where they have not been parties to a suit, or where they have not been given an opportunity to be heard.

(b)

Where a dispute is between a previous and a current registered owner of land, and involves determining an issue of ownership, or title to land, avoid making blanket orders, for example;

For eviction of an unsuccessful party, or putting the

successful party in possession, when there is no evidence

before court whether or not there are tenants occupying the

land.

(ii)

For demolition of structures on the land when you have no evidence of who put up or owns the structure.

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
Governing rule

This section states the governing statutory rule for “Orders Relating to Ownership of Land”.

“(a) Great care should be taken in making orders which affect or”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Orders Relating to Ownership of Land”, together with the linked provisions and current consolidation.

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. (a) Great care should be taken in making orders which affect or impact on the rights of the tenants by occupancy where they have not been parties to a suit, or where they have not been given an opportunity to be heard.
  2. (b) Where a dispute is between a previous and a current registered owner of land, and involves determining an issue of ownership, or title to land, avoid making blanket orders, for example;
  3. (ii) For demolition of structures on the land when you have no evidence of who put up or owns the structure.
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

5. Orders of Demolition and/or Eviction

(a)

Where you come to a conclusion that a registered land owner has a right to demolish illegal structures on his/her land, you should be specific about the parties whom he/she sued, the parties who constructed the illegal structures on the land, and who have lost the case.

A court, when ordering the eviction of an illegal occupant of

registered land, should determine a just and equitable date on

which the occupant shall vacate the land and remove the illegal

structure, and to determine the date on which a demolition and

an eviction order may be carried out if the illegal occupant has

not removed himself or herself, and his or her structure, or

otherwise vacated the land as ordered.

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 “Orders of Demolition and/or Eviction”.

“(a) Where you come to a conclusion that a registered land owner”
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. (a) Where you come to a conclusion that a registered land owner has a right to demolish illegal structures on his/her land, you should be specific about the parties whom he/she sued, the parties who constructed the illegal structures on the land, and who have lost the case.
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

6. Warrants of Eviction or Possession

When issuing warrants of eviction or to put parties in possession, or to

demolish illegal structures, you should exercise diligence and avoid

merely copying whatever is contained in applications for execution.

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
Governing rule

This section states the governing statutory rule for “Warrants of Eviction or Possession”.

“When issuing warrants of eviction or to put parties in possession, or to”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Warrants of Eviction or Possession”, together with the linked provisions and current consolidation.

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

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

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

7. Orders for Sale of Immovable Property

Where orders for sale of immovable property in execution of, and to satisfy

a decree, or taxed costs, are made, care should be taken not to infringe

on the rights of tenants in occupation of such property, or persons

enjoying easements over the property, or the rights of other lawful

encumbrancers.

This Practice Direction is made this "...7........ day of...0..........0....

B | CHIEF JUSTICE

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
Governing rule

This section states the governing statutory rule for “Orders for Sale of Immovable Property”.

“Where orders for sale of immovable property in execution of, and to satisfy”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “Orders for Sale of Immovable Property”, together with the linked provisions and current consolidation.

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. Where orders for sale of immovable property in execution of, and to satisfy
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 05 September 2007) — 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.