ANNEX F
| DOI | http://doi.org/10.1002/j.1099-162X.1956.tb01306.x |
| Date | 01 October 1956 |
| Published date | 01 October 1956 |
42
PRESENT
LEGAL
FRAME\VORK
ANNEX
F
PRESENT
LEGAL FRAMEvVORK
(Reference:
Section
IX,
paragraph
74)
Annex
F.
IN
UGANDA
the
basic
territorial
land
law
is
English
law
applied
as
it
was
in 1894.
Superimposed
on
this
is
the
applied
Indian
Land
Acquisition
Act
1894
and
local
ordinances.
All
land
in
Uganda
is
the
property
of
the
Crown
unless
held
in
individual
title.
There
is
compulsory
registration
of
individual
titles
under
the
Registration
of
Titles
Ordinance,
which
ordinance
itself
contains
a
certain
amount
of
land
law
particularly
that
relating
to
every-day
dealings,
namely,
sales, leases
and
mortgages.
The
present
forms
of
individual
tenure
are
freehold,
leasehold
and
mailo,
the
latter
being
defined
by
Buganda
legislation. M ailo
titles
cover
some
9,000
square
miles
in
Buganda.
Freehold
titles
held
by
Africans
are
concentrated
mainly
in
Ankole
and
Toro
Districts
of
the
Western
Province,
although
isolated
African-held
estates
exist
elsewhere.
Africans
may
occupy
rural
Crown
land,
except
in
Buganda,
without
any
lease or licence
and
native
customary
law
governs
any
dealings
between
them.
The
Bunyoro
Native
Government
issue
certificates
of
occupancy
which
are
registered
in a
Native
Government
registry.
IN KENYA
the
basic
territorial
land
law is
the
applied
Indian
Transfer
of
Property
Act,
but
other
Indian
acts
have
also
been
applied.
This
body
ofIaw
has
been
supplemented
by
local
ordinances,
while in
the
background,
to
fill
gaps
where
the
other
laws
are
silent,
is
English
common
law
as
it
was
in 1897.
Certain
areas
of
land
fall,
however,
into
an
entirely
different
category.
Under
the
Kenya
(Native
Areas)
Order
in Council, 1939,
and
the
Native
Lands
Trust
Ordinance,
these
areas,
known
as
native
lands,
were
vested
in a
Trust
Board,
while
tribal,
group,
family
and
individual
rights
in
the
land
were
expressly
recognised.
In
these
areas,
therefore,
customary
tenure
prevails.
There
are
also
areas,
known
as
native
reserves
and
temporary
native
reserves, which,
under
the
Crown
Lands
Ordinance,
are
for
almost
all
purposes,
treated
as if
they
were
native
lands.
There
is
an
ordinance,
the
Registration
of
Titles
Ordinance,
which
provides
for
registration
of
titles
to
freehold
and
leasehold
land
alienated
by
or
on
behalf
of
the
Crown.
There
is also provision, in
the
Land
Titles
Ordinance,
which
has
only
been
applied
to
the
Protectorate
and
certain
other
parts
of
the
Coast
Province,
for
adjudication
and
registration
of
title
in
respect
of all
interests
in
land.
IN
TANGANYIKA
the
basic
territorial
law
is
English
law
applied
as
it
was on
lst
January,
1922.
Superimposed
upon
this
are
certain
applied
Indian
acts
and
local
ordinances.
These
statutory
provisions
do
not,
however,
exclude
native
law
and
custom,
which
is
expressly
recognised.
All
land
in
the
Territory
was,
by
the
Land
Ordinance,
vested
in
the
Governor
and
is
known
as
public
land,
but
all
proprietory
rights,
whether
of
native
com-
munities
or
individuals,
which
are
subsisting
when
the
ordinance
was
enacted,
were
expressly
saved.
There
is
provision,
in
the
Land
Registration
Ordinance,
1953, for
the
registration
of
title
to
land
held
on
freehold
or
leasehold
title
and
certain
other
estates
deemed
to
be
freehold
or
leasehold.
Any
person
claiming
such
an
estate
may
apply
for
registration
and
all
such
persons
claiming
land
in a specified
area
may
be
required
to
apply
for
registration.
Two
such
areas,
both
urban,
have
so
far
been
declared.
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