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A CRITIQUE OF THE RELATIONSHIP BETWEEN KIBANJA HOLDER (TENANCY BY OCCUPANCY) AND REGISTERED PROPRIETOR UNDER THE LAND ACT OF 1998 CAP 277. BY KIZITO JOHNMIKE LLB/38708/123/DU THE RESEARCH DISSERTATION SUBMITTED TO THE FACULTY OF LAW IN PARTIAL FULFILMENT OF THE REQUIREMENT FOR THE AWARD OF BACHELORS DEGREE IN LAWS OF KAMPALA INTERNATIONAL UNIVERSITY JUNE 2016 DECLARATION I, KIZITO JOHNMIKE, declare that the work presented in this dissertation is original. It has not been presented to any other University or Institution. Where the work of other people has been used, references have been provided. It is in this regard that I declare this work as originally mine, and it is hereby presented in fulfillment of the requirements for the award of the LLB Degree at Kampala International University. Name of student. .. J~ \ ~ {(~ .. ~?~M .~ ~~- :i:::::~n nu~; ,.~.~.~.~,/~ I~~~ Date ....... -~ --8.~~ ..e'!?. .~.'. .P?- .~J -~-·: . ... ... ·· · · · · · · · · ·· ---------- -----~-~==~ SUPERVISOR'S APPROVAL I. .... NY.~ ...H. .:... 0.~ .. ......... ... have supervis.ed the research titled "the relationship between the registered proprietor and Kibanja holder( tenancy by occupancy) under the land Act cap 227 of 1998. Submitted to Kampala international university by: Student's name; Kizito johnmike Registration number; LLB/38708/123/DU Date ...................................................... ii DEDICATION This dissertation is dedicated to my father Mr and Mrs. K.izito for the very important role you played during my upbringing. My sister Mrs Damalie peace Jingo who has always been there for me and to all I shall remain indebted course mates for all the sacrifice, encouragement and support throughout my life and career. May God richly bless you all. iii ACKNOWLEDGEMENTS The greatest gratitude goes to the almighty God for guiding me throughout this course. lam forever in debt of some people without whose help, I would not have succeeded m completing my course. My gratitude goes to my supervisor, Ms. Nyachieo Mary for sacrificing her precious time to guide and supervise me throughout this dissertation. I greatly thank Mr. Jingo Christopher brother in law (Advocate) for the unwavering suppmt in this research, moral guidance, financial, encouragement and valuable time dedicated to me in my Bachelors degree course. My sincere thanks goes to all my course mates who have been there in times of need, namely; Isabirye Derrick, Mumbya Micheal. 1 would also warmly thank all my lecturers of different course units. My sincere gratitude also goes to the School of Law of Kampala International University for accommodating me throughout this course. Special thanks goes to my family whose guidance, financial support, encouragement and prayers have helped me through tumultuous trials and tribulations. My father Mr. Kizito John Paul for knowledge and guidance, mother Mrs. Alexandra Kizito for the continuous prayers, siblings Kizito Damalie, Kizito Daina, Kizito Dina!, J(jzito Sandra for the encouragement that contributed to success in my academic life. Thank you for all your precious moments. May the almighty God Bless you all. iv TABLE OF CONTENT DECLARATION ............................................................................................................................. .i SUPERVISOR'S APPROVAL ...................................................................................................... ii DEDICATION ............................................................................................................................... iii ACKNOWLEDGEMENTS ..................................................................................... ....................... iv TABLE OF CONTENT.......................................... ......................................................................... v ABSTRACT ................................................................................................................................ viii LIST OF ACRONYMS ......................................... .............................................. ........ ix TABLE OF CASES ......................................................................................................................... x LIST OF STATUTES ............................................................................................................. ........ xi CHAPTERONE ............................................................................................................................ l 1.1 BACKGROUND OF THE STUDY ....................................................................................... 1 1.2 INTERNATIONAL PERSPECTIVE ..................................................................... ................... 1 1.3 State1nent of the problein ................................................... ........................................................ 9 1.4 Significance of the study ................................................................. .......................................... 9 1.5 Objectives .. ............................... ................................................................................................. 9 1.6 Research question .................................................................................................................... 10 1. 7 Scope of the study............. ....................................................................................................... 10 1.8 Methodology ............................................................................................................................ 11 CHAPTER TWO ......................................................................................................................... 12 2.0 LITERATURE REVIEW ..................................................................................................... 12 V CHAPTER THREE ..................................................................................................................... 19 THE LEGAL AND INSTITUTIONAL FRAMEWORK ON THE TENANCY BY OCCUPANCY AND REGISTERED PROPRIETOR ............................................................. 19 3.0 Introduction ............................................................................................................................. 19 3 .1 Legislation s governing the land tenure system in Uganda ..................................................... 19 3.2 The constitution of the Republic.of Uganda (1995) ................................................................ 19 3.3 the registration of tittles act cap 230 ...................................................................................... 19 3.4 Policy issues on lawful and bonafide occupancy .................................................................... 21 3.5 Definition of various types of occupants. The Concept ofBonafide Occupants .................... 24 3.5.1 Lawful occupant ................................................................................................................... 24 3.5.2 Bona fide occupant ............................................................................................................... 25 3.6 Terms and conditions regarding occupancy ............................................................................ 26 3.3 Termination of tenancy by occupancy..................................................................................... 35 3.4 Conversation of tenancy by occupancy to a registrable interest. ............................................ 37 3.5 Conclusion ............................................................................................................................... 37 CHAPTER FOUR ....................................................................................................................... 40 THE RELATIONS HIP BETWEEN TENANCY BY OCCUPANCY AND REGISTERED PROPRIETORS .......................................................................................................................... 40 4.0 Introduction ............................................................................................................................ .40 4.1 Dispute settlement .................................................................................................................. .40 4.1.1 Courts: .................................................................................................................................. 40 4.1.2 Pertinent issues of procedure................................................................................................ 41 4.2 Mediation ................................................................................................................................. 44 4.3 Executive am1 of govemment.. ................................................................................................ 46 4.5 Problems faced dming research ............................................................................................... 47 vi CHAPTER FIVE ......................................................................................................................... 49 SUMMARY OF FINDINGS, CONCLUSION AND RECOMMENDATIONS ................... .49 5.0 Summary of findings ............................................................................................................... 49 5.1 Conclusion ............................................................................................................................... 49 5.2 Recommendations ..................................................................................................................
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