Makerere Law Journal

Land Law

A Case For The Application Of The Theory Of Deferred Indefeasibility In Uganda As An Instrument To Promote Indefeasibility Of Title Under The Registration Of Titles Act

Article by Tukwatanise Hans Rwantangare

Abstract

The theory of deferred indefeasibility as opposed to immediate indefeasibility is presented as a means to improve security of title today. A comparison is made of the relative merits and demerits of the two theories of deferred and immediate indefeasibility. In so doing, the aim is to reconcile the out-dated theory of immediate indefeasibility with the modern legal regime and to preserve its relevance in the prevailing socio-economic situation. In a comparative analysis, other jurisdictions, especially Canada are studied to ascertain how they have evolved their interpretation of the same. Inevitably, indefeasibility, as a concept of real property is analysed considering human rights perspectives as relatively impacted by the two theories.

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Uganda’s Land Tenure Systems And Their Impact On Development

Nampwera Chrispus

The article explores the historical, legal, institutional and enforcement structure of Uganda’s existing land tenure systems, criticizing their relative impact on economic development, and emphasizing the quintessential role of an effective and efficient tenure system. Improvement of the current system is both directly and indirectly proportional to development. Further traversed are critical economic issues such as credibility of land from various frameworks, which develop into a rich blend of perspectives on the overall impact of the system on development in Uganda. As a major factor of production and a carrier of economic activities, the land resource in Uganda is an indispensable factor in economic development, and, being a prerequisite for both human and economic activities, its governance is therefore essential for development and growth.