Legal Advisory: Protection of Kibanja Holders in Uganda

Issued: 9th June 2025
TMBei Advocates – Freedom City Mall, Kampala
Email: tmbeiadvocates@gmail.com | Tel: +256 772 314858

Presidential Directive on Occupied Land Sales

On Heroes Day 2025, President Yoweri Kaguta Museveni stated:
“A person who purchases land with bibanja holders only buys a paper – title, not the land.”

This aligns with the Land Act, Cap 236, which provides legal protection for lawful and bona fide occupants (commonly referred to as bibanja holders).

Who is a Kibanja Holder?

Section 29 of the Land Act, Cap 236 recognizes:

Lawful Occupants:
- Persons under the repealed laws:
  - Busuulu and Envujjo Law (1928)
  - Toro Landlord and Tenant Law (1937)
  - Ankole Landlord and Tenant Law (1937)
- Persons with the landowner’s consent
- Undisclosed or uncompensated customary tenants
Bona Fide Occupants:
- Persons occupying land for 12+ years before 1995
- Persons settled by Government or its agents

Rights of Kibanja Holders

Security of Tenure – Sections 31 & 33: No eviction without a court order
Certificate of Occupancy – Section 34: May formalize their rights
Right to Transact – Section 35: May lease, sell, or bequeath their interest
Option to Purchase – Section 36: Can negotiate to own the land
Nominal Ground Rent – Sections 31 & 32: Must be paid to maintain occupancy rights

Key Legal Implications for Land Transactions

Purchasers of occupied land acquire title subject to occupancy. Eviction is only legal after a court process. Presence of bibanja holders must be taken seriously and verified before land transactions.

Legal Avenues for Enforcement

District Land Tribunals – Sections 32 & 84: Handle occupancy disputes
Court of Law – Only courts of Magistrate Grade I or higher may issue eviction orders
Mediation – Section 30: Available for resolving conflicts involving unqualified occupants

Conclusion

The Land Act, Cap 236 protects Kibanja holders. Registered landowners must respect these rights. President Museveni’s 2025 pronouncement reinforces the state’s commitment to occupant protections and lawful land use.

LEGAL ADVISORY: PROTECTION OF KIBANJA HOLDERS IN UGANDA