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
Tukwatanise Hans Rwantangare
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.
Fraud In Land Transactions In Uganda: An Evolving Enigma
Julius Ainomugisha
Land is one of the most important factors of production, vital for food security and economic development of any society. As a result, in Uganda, 44% of all the cases in court as at 2023 are land related, even when it takes an average of three years to litigate a case related to land. Because of this, governments are keen on regulating transactions in land by enacting legislation. In Uganda, registered land is regulated under the Registration of Titles Act [RTA] Cap 240 whereunder title is proof of registration except if obtained by fraud. Even ownership of unregistered land can also be impeached by fraud. This article defines and contextualises, traces the origins, evolution of, and litigation against, fraud in land transactions Uganda and makes some recommendations.
A Legal Theory Of Mortgage And Land Transactions Under The Land Use Act 1978 In Nigeria: Issues And Challenges
Busari Morufu Salawu
The use of land as securities for mortgages appears more desirable for lenders because its value increases over a period and it cannot be shipped out of jurisdiction. This paper undertakes an overview of mortgage theories, examines their applications to mortgage transactions under the Nigeria’s Land Use Act 1978 and identifies and appraises challenges to their use. Although the Nigerian mortgage industry is still developing, due to a legal complexity in the sector, intermediate theory provides a strong base for its operation because of its adoption of principles of title and lien theories. Contentious provisions in the Land Use Act, such as the consent clause deemed grantee, and the half hectare clause are recommended for amendment for easy mortgage transactions.