Conversion of leasehold into freehold in Uganda.

Any lease which was granted to a Ugandan citizen out of former public land and was subsisting on the coming into force of this Act may be converted into freehold if the board is satisfied that the following conditions have been complied with—

(a) that the leasehold is authentic and genuine;

(b) that there were no customary tenants on the land at the time of acquisition of the lease;

(c) that if there were any customary tenants on the land at the time of acquisition whose tenancy was disclosed, those tenants were duly compensated;

(d) that all development conditions and covenants have been complied with;

(e) that any other conditions imposed by law from time to time have been complied with; and

(f) that the conversion shall be limited to one hundred hectares and that any area in excess of one hundred hectares shall be converted only if the board has verified it and is satisfied that it is desirable in the public interest that it should be converted into freehold.

(2) Where a lease of land exceeding one hundred hectares is converted into freehold, the owner shall pay the market value as determined by the chief government valuer for the new interest before the conversion becomes effective and the money paid shall become part of the Land Fund.

(3) Any sublease held under a lease converted in accordance with subsection (1) shall be taken to be upgraded to a lease under the same terms, conditions and covenants.

(4) Upon conversion the registrar shall endorse on the leasehold certificate of title the words “Converted to Freehold”, cite the applicable law and append his or her signature.

(5) Nonendorsement of the leasehold certificate of title under subsection (4) shall not affect the validity of the conversion.

(6) The registrar shall have power to ask for the production of the duplicate of the certificate of title for endorsement in accordance withsubsection (4).

(7) The registrar shall endorse on a subleasehold deed to which subsection (3) applies the words “Converted to Leasehold”, cite the applicable law and append his or her signature.

(8) Subsection (5) shall, with necessary modifications, apply to a subleasehold as it applies to a leasehold.

(9) For the avoidance of doubt, the registrar shall issue a certificate of title in respect of any sublease upgraded to a lease under this section.

(10) Nonendorsement shall not affect the validity of the conversion or upgrading.

(11) Any person aggrieved by the decision of the board under this section may appeal to the land tribunal against the decision; and the land
tribunal may confirm, reverse, vary or modify the decision and make such order as it may think fit.

29. Meaning of “lawful occupant” and “bona fide occupant”.

(1) “Lawful occupant” means— (a) a person occupying land by virtue of the repealed—
(i) Busuulu and Envujjo Law of 1928;
(ii) Toro Landlord and Tenant Law of 1937;
(iii) Ankole Landlord and Tenant Law of 1937;
(b) a person who entered the land with the consent of the registered owner, and includes a purchaser; or
(c) a person who had occupied land as a customary tenant but whose tenancy was not disclosed or compensated for by the registeredcowner at the time of acquiring the leasehold certificate of title.

(2) “Bona fide occupant” means a person who before the coming into force of the Constitution—
(a) had occupied and utilised or developed any land unchallenged by the registered owner or agent of the registered owner for twelve years or more; or
(b) had been settled on land by the Government or an agent of the Government, which may include a local authority.

(3) In the case of subsection

(a) the Government shall compensate the registered owner whose land has been occupied by persons resettled by the Government or an agent of the Government under the resettlement scheme;

(b) persons resettled on registered land may be enabled to acquire registrable interest in the land on which they are settled; and

(c) the Government shall pay compensation to the registered owner within five years after the coming into force of this Act.

(4) For the avoidance of doubt, a person on land on the basis of a
licence from the registered owner shall not be taken to be a lawful or bona fide occupant under this section.
(5) Any person who has purchased or otherwise acquired the interest of the person qualified to be a bona fide occupant under this section shall be taken to be a bona fide occupant for the purposes of this Act.