Uganda Court of Appeal Dismisses Appeal, Upholds Eviction for Lack of Kibanja Interest

On October 28, 2026, the Court of Appeal of Uganda dismissed a second appeal in *Kikyonyongo Richard v David Byatike Matovu*, affirming the High Court's decision to order eviction and damages after finding that the purchaser lacked a statutory protectable *kibanja* interest.

This ruling is crucial for land law practitioners and property owners in Uganda, particularly concerning the recognition and protection of *kibanja* interests. It clarifies that not all forms of occupation or purchase of land will automatically confer a statutory protectable interest, emphasizing the importance of proper documentation and adherence to legal requirements for acquiring such rights. The decision reinforces the rights of registered landowners against those who claim informal or unrecognised interests, especially when those interests do not meet the statutory criteria for protection, thereby providing greater certainty in land ownership.

The concept of *kibanja* interest is deeply rooted in Uganda's land tenure system, particularly under the Mailo land system, and is primarily governed by the Land Act, Cap. 227. This Act defines and protects the rights of lawful or bona fide occupants on registered land, often referred to as *kibanja* holders. The Court of Appeal's decision implies that the purchaser in this case, Kikyonyongo Richard, failed to satisfy the statutory conditions for being recognized as a lawful or bona fide occupant, or that their acquisition of the *kibanja* interest was not in accordance with the law, thus rendering their interest unprotected against the registered proprietor, David Byatike Matovu. The High Court's original order for eviction and damages would have been based on the registered proprietor's superior title and the lack of a legally recognized encumbrance.

The key parties involved were Kikyonyongo Richard as the appellant, David Byatike Matovu as the respondent, with the High Court having made the initial ruling and the Court of Appeal of Uganda dismissing the second appeal. The specific details of the land transaction or the nature of the *kibanja* claim are not elaborated in the excerpt, but the core issue revolved around the legal validity and protectability of the purchaser's interest in the land.

Attorneys advising on land transactions in Uganda must conduct thorough due diligence to ascertain the nature and validity of any *kibanja* interests claimed over a property. It is imperative to ensure that any acquisition of a *kibanja* interest strictly complies with the provisions of the Land Act and other relevant laws to ensure its statutory protectability. For registered landowners, this decision provides reassurance regarding their ability to assert their rights against occupants whose interests do not meet the legal threshold for protection, while for purchasers, it highlights the significant risks of acquiring informal interests without proper legal validation and registration.