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.
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.