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.
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.
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.