The Challenges of Dual Mailo Land Ownership in Uganda. a Case of Central Region

Abstract

This study was geared at investigating the challenges of dual mailo land ownership in the central region of Uganda. The objective of the study was specifically to trace the genesis of dualism in mailo land which created the challenges of co-existence of landlords and the tenant in the same land with either side exerting usufruct rights interest in the land, to investigate the effect of mailo land tenure on the co-existence between the landlords and the tenants and to devise remedies to the shortcomings of the dual mailo land ownership. The area of study was central region with Luwero as the District of study and the information derived there from was to represent the rest of central region where dual mailo land ownership is most prevalent.

Relevant literature about the objectives of the study were reviewed and analysed. The information was got from sources like text books, internet, journals, official reports and legal documents. The researcher employed both quantitative and qualitative methods of data collection. Primary and secondary data was obtained in the course of the study and critically scrutinized during interpretation and analysis. The data collection instruments employed were questionnaires and interview guides which were administered to a total of 63 respondents who were stakeholders in the lands administration in Luwero district, the land owners as well as the tenants who are constantly faced with the challenges of dual co-existence under this arrangement.

The study revealed that mailo land tenure was the creation of the colonialists and the dual existence came up when the colonialists divided the land among the cultural leaders and themselves leaving the common man as tenants in the land which they once owned. They were also tasked to cultivate some specific crops to run the colonial master‟s industries. This was discovered to have brought a lot of conflict between the tenant and the landowners such that each one started executing claims over the use of that land. The study therefore designed some probable solutions to the problems derived with the hope that it would be admissible in solving other existing and later future disputes emanating from dual mailo land dispute.

The study also cited some of the most commonly committed crimes in the mailo land disputes such as fraud, obtaining money by fraud, malicious damage and criminal trespass. These were computed and presented in tabular, graphical and diagrammatical outlay for ease of interpretation and analysis of the data.

The study concluded by citing remedies to the challenges of dual mailo land tenure which among others includes involvement of local and cultural leaders, massive sensitization of the masses on land/kibanja laws as well as institutions mandated to handle land matters. The researcher finally recommended further study in the areas which could not wholly be investigated in the course of the study for instance the co-relation between mailo land and customary land, challenges encumbered in other land tenures and he called upon other researchers to explore in depth study in those area with the intention of filling the knowledge gaps in them.

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