LITERATURE REVIEW

INTRODUCTION

This section of the research will present review of the existing relevant literatures written by other
authors relating to this topic of study and the conceptual frame work. It will guide the researcher
and give directives to analyze the views of these authors in relations to the topic in issue. The
researcher will analyze the existing gaps therein and suggest solutions.

Mugamba J.T, in his book, “Principles of Land law in Uganda1” examines the particular land
rights that accrue to the various land tenure and interests therein for instance the right to transfer,
use among others. He further outlines the various current land tenure systems existing in Uganda.
However, his literature also focuses generally on the whole country. He does not take a deep study
on Gulu district in particular.

and does not assess the development in the district. Thus the researcher is looking forward to
breach this gab by assessing the land tenure systems and their impacts to the social and economic
development in Gulu district.

More so, where-as Mugamba J.T2 (look at the pages / Chapter….) examines the land Act 1998,
the literature does not embrace the land amendment Act 2004 and Land Regulation 2004 which
the researcher intends to include in this study.

Anthony C. K. Kakooza3 (pages …. ) in his article, “Land Law Reform in Uganda: Exploring the
loose ends” discusses about the various land tenure systems in Uganda and the legal frame works
governing the land tenure in Uganda. However, his literature mainly focuses on the Registration
of Titles Act which does not cover about social and economic development in Gulu district. Thus
the researcher will fill this gap by exploring at length the closed relationship between the legal
frame works governing the land tenure systems in Uganda and the impacts on social and economic
development in Gulu district

1
Principles of Land Law in Uganda, Fountain Publishers, 2000 pg 11-27
2
ibid
3
Land Law Reform in Uganda: Exploring the loose ends; pages 2-10
Further, Anthony C. K. Kakooza In his research entitled “Women’s Land Rights and Tenure
Security in Uganda: Experiences from Mbale, Apac and Ntungamo”4 (page …. ), Garber B, he
well outlines the land tenure systems and the tenure security discusses the various rights that ought
to be enjoyed by women on land.

Asiimwe J, in his Article …..

1.9.2. Making Women's Land Rights a Reality in Uganda;

Advocacy for Co-Ownership by Spouses; a journal by Jaqueline Asiimwe. This shows the
relevance of co-ownership of land by spouses as this would promote the women's rights in Uganda.
The author further states that women are the pillars of development in Uganda11. Here the author
bases her literature mainly on women population, forgetting the fact that even men (such as sons
of widows) also suffer similar effects of the violations of women's land rights. This research is
based on both the women and men population and how the land tenure system affects them.

1.9.4. Women’s Land Rights in Northern Uganda (2009)

By Christopher Burker and Doreen Nancy Kobusingye, their researcher work discusses ownership,
access and management of land where this is inclined to material status and land acquisition,
control and land utilization, age and tenure among others. This research fails to discuss the impacts
of the land tenure systems on the social- economic development in Gulu district. Hence the
researcher intends to provide a full chapter in this sturdy in order to breach such literature gab.

1.9.5. Source Book of Uganda’s Land Law,

4
Women’s Land Rights andTenureSecurityinUganda:ExperiencesfromMbale,ApacandNtungamo2011, pages 5-13by
Barbara Gärber
John T Mugambwa, fountain publishers, 2002 discusses the existing land tenure systems in
Uganda it further discusses the historical development of the land tenure systems. However, this
literature is too ancient in time and generalized in nature more over hinged on some repealed laws.
The author does not provide any detailed analysis of land tenure systems in Gulu district especially
on the current land policies and its impacts. The aim of this sturdy is to provide a well- researched
work for readers on the research topic above.

1.9.6. Mitigating Land Based Conflicts in Northern Uganda

A Publication of URI & ARLPI, supported by IFA/ZIVIK Volume IV emphasizes more on the land
tenure systems in Gulu district. The conflicts in Acholi land commonly with customary land
tenure. However, the literature is very limited on the solutions to these land conflicts. It is further
limited in that it does not exhaustively provide for in implementation mechanisms of the land
policies in the district. The researcher intends to discuss out the various implementation
mechanisms of land policies, one of the ways that land tenure systems are effectively administered
hence positive social-economic development in the district.

A Comparative Analysis of Land Tenure Law Reform in Uganda and Papua New Guinea by
John T Mugambwa, Journal of South Pacific Law (2007) 11(1)

He compares the land tenure Law Reforms in Uganda and Papua New Guinea and considers the
evolutions of the land laws in the various legal regimes in Uganda from the pre-colonial time,
through independence till the post-independence and the 1995 constitution reforms.
The author emphasizes on the importance of customary tenure as one of the recognized tenures in
Uganda. He further argued that, although African customary land tenure was communal, it
recognised individual land rights over the land they occupied. he dismissed the report’s claim that
customary tenure was insecure as a Eurocentric misconception of customary land tenure.

He also asserted that in reality in most customary land tenure systems individuals’ rights over a
specific piece of land and improvements were secure and virtually permanent. The rights were
inheritable and, in some cases, alienable to other group members. Others praised the
attributes of customary land tenure as the very foundation of African culture.
However, this research is not to assess only the customary tenure, but all the tenure systems in
Uganda. John T Mugambwa in this journal bases his research on a comparative analysis of land
tenure law reform in Uganda and Papua new guinea; whereas this research is on the land tenre
sytems in Uganda and their impacts on the social and economic development in Gulu district.

1.9.7. Land is Physical basis of all Human activities.

By Obol-Ochola, Land law and economic development in Uganda LLM Research, University on
Dar as salaam. 197J.J1 This research focuses on the customary tenure system. However, this
research in on all the three land tenure systems in Gulu district including; freehold, customary and
leasehold tenures. Its therefore needed a full chapter to review this literature. More so, this research
is carried in 1971, it lacks the repealed laws and the land reformed laws for example; in the 1995
constitution, the land amendment Act 2004 and Land Regulation 2004 among others. This research
has wider coverage of the various current reforms on land laws in Uganda.
Almost forty years ago, the late Obol-Ochola, a Ugandan legal academic, wrote that
customary land tenure had been in the dock for so long that it had won the sympathy of a
few observers.75 His comment rings true both in Uganda and Papua New Guinea.
However, in Uganda, notwithstanding the support customary land tenure has received
from several eminent scholars, it is unlikely to be acquitted of the charge that it is a constraint on
development.
As we have seen, the right to convert customary tenure to freehold is enacted in the 1998 Land
Act.

It is thought that the way forward for Uganda is not to dismantle customary land tenure in
those parts of the country where customary land tenure is still very widely practiced;
rather it should be encouraged. The provision for registration of customary titles under
the Land Act is a step forward in this regard. Further steps may need to be taken to
change the perception that freehold is superior to customary title. Conversion of
customary title to freehold should be actively discouraged. This may entail amending the
Land Act, if necessary, to ensure that a certificate of customary land title is treated on a
par with a registered freehold title. Sec 5 (1) sec8 (3)
More importantly, the people, especially outside the
relevant region (including financial institutions), should be made aware of this.

Uganda Country Brief: Land Tenure Center, Property Rights And Land Markets: By Susana
Lastarria - Cornhiel March 2003. The author outlines the various land tenure systems in Uganda.
The author provides the facts about the system of land holding in Uganda from the perspective of
the pre-colonial Uganda where customary ownership was the dominant system5.

That in general, customary tenure in sedentary agricultural communities revolved around kings
and chiefs who allocated land to clans and community households according to customary norms
and practices. Every person and household had the right to access sufficient land for their
subsistence; this right came either from the lineage or clan head or from the chief to whom the
person pledged allegiance. Transfer (rent, sell, and sometimes inheritance) rights were not
granted—land not in used or wanted were reverted to the king or chief. Since most lineages in
Uganda are patrilineal, when land was handed down within a family, it passed from father to son6.

Susana Lastarria - Cornhiel concludes on the colonial impact on land tenure in Uganda in that, the
one major, and best known, intervention by the British was the introduction in 1900 of formalized
individual private property ownership in the central region of Uganda (Buganda)—Thus, the
impact of the British through the Uganda Agreement was significant in that it set in motion, firmly
and steadily, the conversion within Ugandan communities of customary property rights towards
individualized property rights as well on social and economic development of Uganda7.

Similar interventions were carried out in other regions of the country such as instituting restricted
freeholds8 for local elites in Ankole and Toro, and the establishment of leasehold estates on Crown
(public) land. Often these public land leaseholds were given to elites even though communities
were already occupying these lands.

5
Uganda Country Brief: Land Tenure Center, Property Rights And Land Markets: By Susana Lastarria - Cornhiel
March 2003 pg. 1
6
Ibid
7
Ibid pg. 12
8
In addition to instituting freehold in a number of geographic areas, land under freehold tenure was also granted
to a limited number of persons, as well as religious and educational institutions.