{UAH} Government is politicising land evictions by blaming it on the colonialists

Government is politicising land evictions by blaming it on the colonialists

MONDAY NOVEMBER 26 2018

     

Mr Peter Mulira is a lawyer. COURTESY PHOTO 

In Summary

Double titling. The scam the Senior Registrar referred to involves falsifying the records by not capturing details of these certificates in the new land information system and hiding the relevant files from the public. A new title deed is then issued to land grabbers which leads to double titling. The law protects a registered proprietor under the old and new system against ejectment as well as a person claiming under a certificate of title prior in date of registration under and where there are two or more certificates of title, the first one in point of registration prevails.

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By Peter Mulira

Last week, a senior land official warned that several land owners may lose their land to other parties in an ongoing scam involving double titling.

Testifying before the Commission of Inquiry into Land Matters, Ms Reula Atero Bogere said that double titling of land affects mainly old titles because they are not on land information system.

Unfortunately, the Registrar did not explain the circumstances under which old titles are not captured on the new land information system. This matter is of utmost interest to the public, especially in the central region.
The history of land titles predates the establishment of the protectorate of Uganda in 1902. 
Under the Land Registrations Law of 1897, the Commissioner had power to grant to any persons certificates authorising them to hold portions of land for a term not exceeding 21 years.

In 1900, the mailo land system was introduced in Buganda and under the Land in Buganda (Provisional Certificates) Ordinance, the Buganda Lukiko was empowered to issue Provisional Certificates of claims.

Copies of these Provisional Certificates were then filed in the department of lands and surveys and after the department had carried out a survey of a particular portion of land, the Governor would issue him with a Final Certificate.
In 1908, Registration of Land Titles Law was enacted. Both Final Certificates and Grants by the Commissioner were registrable under this law.

In 1911, Grants by the Governor were converted into 99 years interest in land at the end of which period the land would return to the owner of the mailo interest.

The first Registration of Titles Ordinance was introduced in 1922 and amended in 1951. This Ordinance provided that "All land included in any Final Certificate whenever issued shall after the commencement of this Ordinance, be subject to the operation of this Act and shall be deemed to have been registered under it and no application to bring such land under the operation of this Ordinance shall be necessary."

It is provided that the Register kept under the provisions of this Act shall be closed only when the land involved has been brought under its provisions.

This means that the registrar cannot issue new certificates of title in respect of land while certificates issued under the 1908 Ordinance are still in existence.

The scam the Senior Registrar referred to involves falsifying the records by not capturing details of these certificates in the new land information system and hiding the relevant files from the public. A new title deed is then issued to land grabbers which leads to double titling.

The law protects a registered proprietor under the old and new system against ejectment as well as a person claiming under a certificate of title prior in date of registration under and where there are two or more certificates of title, the first one in point of registration prevails.

A person with a mailo certificate of title whether issued under the old or new system of land registration is conclusive evidence that the person named in the certificate is the owner of the land or interest in it. Further a certificate of title can only be cancelled for fraud. Since all land evictions of innocent people from their bibanja is due under of double titling the government can stump out the scourge by sorting out the frauds at the land office.

The government has failed to rise to the occasion and instead chosen to politicise the issue of land evictions by blaming them on colonialists and their collaborators who died more than a century ago. This seems to be a diversionary policy.

Mr Mulira is a lawyer. peter.mulira89@gmail.com

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