Mailo land derives its name from the basic unit of the Mailo system which is a square mile, which is also equivalent to 640 acres. The term is used in Uganda to describe the land tenure system that came into effect when the Kingdom of Buganda signed an agreement with the British-administered Uganda Protectorate in 1900.
Throughout history, Men would go for wars to defend their nation and their heroic reward by the king, who was the commander-in-chief was in terms of land. Because in Ganda customs, people belong to specific clans and would have ancestries (Obutaka), therefore, another known land was that of Obutaka which would be allocated by the Kabaka to clan heads in trust of his clan.
Man has owned the land since forever but most registrable interests that would require surveying and acquisition of titles arose from the 1900 Buganda Agreement. Mailo land is predominantly on land in Buganda and some parts of Ankole, Bunyoro, and Tooro subregions.
Mailo land same as other tenures has its origins in the 1900 agreement which was signed between the regents of Buganda, acting on behalf of the young Sir Daudi Chwa, and Sir Harry Johnson on behalf of the queen of England.
This agreement divided the 19,600 square miles that form Buganda kingdom among different entities and individuals. These included the Kabaka (king), regents, chiefs, central government, key offices, and other individuals who were found fit.
Mailo landowners have the same rights as freehold landowners, and many times, these two are confused. Well as there are similarities, these two are different.
Mailo landowners (landlords) must respect the rights of lawful and bonafide occupants and Kibanja holders to occupy and live on the land. (Section 3 (4) of the Land Act). Buganda’s landfalls in the category of Official Mailo land which means it cannot be sold entirely but can accommodate bibanja holders as well as leaseholders. Hereunder are a few descriptions of key terms used on this land tenure. Kibanja holders; Persons who had settled on the land in Buganda as customary tenants with the consent of the Mailo landowner under the Busuulu and Envujjo Law, 1928.
On the side of the constitution, it states that mailo landowners are not allowed to use their powers against the interests of customary tenants, bona fide, or lawful occupants.
This provision was introduced in 1998 and revised further in 2010 to inhibit the possible eviction by landlords of people occupying mailo land as customary tenants or squatters. It is important to note that there are no more new titles issued for land under Mailo tenure because all titles were issued prior to 1928.
Today what happens is merely a further subdivision of the existing titles which were issued before 1928, as well as changing the names on the titles in cases where ownership is being transferred.
Under the process of subdivision and transfer of ownership, the applicant and the transferring landowner both fill application forms with the zonal office of the ministry of lands in their area, then wait for the zonal office to complete the rest of the process. After all the steps are complete, the ministry of lands office issues a land title to the applicant.
Read About: The process of acquiring a title in Uganda.
