Illegal Evictions and the Law in Uganda
Updated 3 November 2026 · Land & Property editorial team
A lawful or bona fide occupant on registered land can be evicted only on a court order, and only for non-payment of the annual nominal ground rent (Land Act section 33). Evicting without an order is an offence carrying up to seven years in prison. An owner who wants to sell must first offer the tenant by occupancy the chance to buy. As of November 2026.
- Court order rule
- Land Act, Cap. 236, s.33
- Time to vacate
- Not less than six months after the order (s.33(3))
- Penalty for unlawful eviction
- Up to seven years (s.89(6))
- First option to buy
- Tenant has three months to respond (s.36(6))
Can a landowner evict an occupant without a court order?
No, where the occupant is a lawful or bona fide occupant on registered land. Section 33(1) of the Land Act (2023 text) says such an occupant shall not be evicted from registered land except upon an order of eviction issued by a court, and only for non-payment of the annual nominal ground rent. A court must consider the factors in section 32(1) first, and the order must state a date, not less than six months after the order, by which the person must leave (section 33(2) and (3)). For this section "court" means a magistrate grade I or chief magistrate (section 33(4)).
Who is covered? Section 29 defines a lawful occupant (for example someone who entered with the registered owner's consent, including a purchaser) and a bona fide occupant (someone who, before the Constitution, occupied and used the land unchallenged for twelve years or more, or was settled by government). A person on the land under a mere licence from the owner is not covered (section 29(4)). Our explainer on what is a kibanja shows how bibanja holders fit in, and Can a Kibanja Be Registered? Certificates and Records covers records. Tenants of houses and shops are governed by a different statute, the Landlord and Tenant Act 2022.
What did the 2010 amendment change?
The Land (Amendment) Act, 2010 (Act 1 of 2010) is recorded in the amendment history of the consolidated Land Act text. The Observer, in a 2019 article on mailo land, attributes to that amendment the rule that a landowner or buyer may not evict a tenant by occupancy without a court order for non-payment of ground rent, and the offence of assigning a tenancy without first offering it to the landowner. It cited the eviction rule as section 32A. In the 2023 consolidated text the same ideas appear at sections 33 and 36, because the Act was renumbered. We have not read the 2010 Act itself, so treat the attribution as the Observer's, and rely on the 2023 section numbers when you speak to an advocate.
The point for a seller is simple: the court-order rule is in the statute today, and the wider picture is in Uganda land law. All the sections are indexed in Uganda Land Law by Section.
What must a landowner do before selling land with occupants?
Give the tenant by occupancy the first chance to buy. Section 36(3) says an owner who wishes to sell the reversionary interest must give the first option of buying it to the tenant by occupancy. The rules around that option:
- The offer is on a willing buyer, willing seller basis and must set out its terms in enough detail to be understood (section 36(4) and (5)).
- The tenant has three months after receiving the offer to refuse or respond in a way that allows meaningful negotiation (section 36(6)).
- After three months of talks, either side may refer the matter to the mediator, and if the mediator cannot help the parties reach agreement after three months, the owner may sell free of the option (section 36(7) and (8)).
- A change of ownership by sale, grant or succession does not affect the interests of lawful or bona fide occupants, and the new owner must respect them (section 36(9)).
The same section works the other way. A tenant who wants to assign the tenancy must first offer it to the owner, and a tenant who skips this commits an offence with a fine of up to 96 currency points (UGX 1,920,000 at UGX 20,000 a point), up to four years in prison, or both; the transaction is invalid and the right reverts to the owner (section 36(2)). The owner's consent to assign, sublet or subdivide is required, and the owner must answer within six weeks (section 35(1) and (4)).
What penalties does an unlawful eviction carry?
Section 89(1)(e) makes it an offence to attempt to evict, to evict, or to take part in the eviction of a lawful or bona fide occupant from registered land without an order of eviction. Section 89(6) sets imprisonment for up to seven years, and section 89(7) lets the court order compensation, damages or restitution for the person evicted. The Act also lists a fine of up to 96 currency points or four years for wilfully occupying another person's land without consent (section 89(1)(c) and (4)). A court decides the actual sentence; these are maximums.
| Conduct | Maximum under section 89 |
|---|---|
| Evicting a lawful or bona fide occupant without a court order | Seven years in prison, plus possible compensation or restitution |
| Wilfully occupying another's land without consent | 96 currency points (UGX 1,920,000) or four years, or both |
| Member of a land board or committee taking an unauthorised payment | 25 currency points (UGX 500,000) or six months, or both |
What have officials said recently about evictions?
The Daily Monitor reported on 17 April 2026 that Lands Minister Judith Nabakooba cited Administrative Circular No. 1 of 2025. As reported, no eviction may proceed without District Security Committees being involved in consultation with the Ministry of Lands, evictions and demolitions are allowed only between 8am and 6pm, and not on weekends or public holidays. The same report says tenants can deposit nominal ground rent (busuulu) with the Uganda Revenue Authority if landlords are absent or refuse payment. The article does not name a reporting hotline, and it notes that enforcement gaps and intimidation remain concerns in high-conflict districts.
An earlier Monitor report, dated 1 September 2023, describes a presidential directive of 28 February 2022 saying no eviction may happen in a district without a District Security Committee meeting and consultation with the Minister of Lands. These are administrative directions reported by the press; we did not find them in the Act, so ask an advocate how they apply to your case.
What should a buyer or seller do about occupants?
Before you buy, visit the land with the seller and ask every occupant how they came to be there, whether they pay ground rent and whether they have been offered the option to buy. A purchaser must respect lawful and bona fide occupants (section 36(9)), and a transaction by a tenant without the owner's consent does not pass an interest (section 35(9)). Read Buying Land With a Kibanja on It before you pay a deposit.
If you are selling, settle occupants first and keep written offers and replies. Our guide sell land with squatters sets out the steps. You can browse plot listings to see how sellers describe occupants, or ask our team on WhatsApp or by email. This is general information, not legal advice. As of November 2026.
Frequently asked questions
Can a landowner evict occupants without court?
Not lawful or bona fide occupants on registered land. Section 33 of the Land Act requires a court order, and only for non-payment of the annual nominal ground rent, with at least six months to vacate. Evicting without an order is an offence under section 89 carrying up to seven years in prison.
What did the 2010 amendment change?
The Observer attributes to the Land (Amendment) Act 2010 the court-order rule for evicting tenants by occupancy and the offence of assigning a tenancy without first offering it to the owner. In the 2023 consolidated Land Act those rules appear at sections 33 and 36. We have not read the 2010 Act itself.
Must a landlord notify tenants before selling?
The Act requires the owner to give the tenant by occupancy the first option to buy the reversionary interest, on willing buyer willing seller terms (section 36(3)). The tenant has three months to respond, then mediation can follow. The owner may sell freely if mediation fails after three months.
Does a new buyer inherit occupants?
Yes. Section 36(9) says a change of ownership by sale, grant or succession does not affect the existing lawful interest of a lawful or bona fide occupant, and the new owner must respect it. Check for occupants and their ground rent before you pay.
What is the penalty for illegal eviction?
Up to seven years in prison under section 89(6), with a court able to order compensation, damages or restitution to the person evicted (section 89(7)). Wilful occupation of another's land has a separate maximum of 96 currency points, or four years in prison, or both.
Sources
- Land Act, Chapter 236, as at 31 December 2023 (PDF), ULII / Laws.Africa (accessed 2026-11)
- Understanding mailo land and dual ownership (10 February 2019), The Observer (accessed 2026-11)
- Govt clarifies law on land evictions (1 September 2023), Daily Monitor (accessed 2026-11)
- Govt launches war on land fraud, illegal evictions (17 April 2026), Daily Monitor (accessed 2026-11)