How to Lawfully Conduct a Land Eviction
The Constitutional (Land Evictions) (Practice) Directions 2021 (“the Directions”) were issued by the then Chief Justice of Uganda, Hon. Justice Bart Katureebe, as guidelines on how land evictions arising out of court proceedings, should be carried out. The said directions aim to ensure that all evictions and demolitions are carried out in a fair, just, and humane manner that respects the dignity and rights of all persons affected.
It is settled law that such directions issued by the Chief Justice are constitutional and thus carry the force of law in Uganda. For example, in the case of Tusingwire v. Attorney General [2017] UGSC 11, the Supreme Court of Uganda held that the High Court (Anti-Corruption Division) Practice Directions 2009 were constitutional and thus valid as they were issued by the Chief Justice in accordance with Article 133(1) of the Constitution of the Republic of Uganda.
One of the most important principles laid down in the Directions is that every eviction or demolition must be preceded by a valid court order. This means that no eviction or demolition should be carried out without an order of eviction or an order of demolition issued by a competent court. Also, under the Directions, the police and local authorities of the area must be notified and present to witness the eviction or demolition.
The Directions also provide that every eviction or demolition must be carried out in a manner that respects the dignity, right to life, property, and security of all persons affected. This includes taking measures to protect vulnerable persons, including women, children, the elderly, and persons with disabilities.
It is worthy of note, however, that the Directions do not apply to evictions carried out by landlords on their tenants, as such evictions are governed by the Landlord and Tenant Act 2022 or the terms of the tenancy agreement. Rather, the Directions apply to persons in occupation of property that is under the threat of execution stemming from court proceedings.
In conclusion, it is imperative that bailiffs and other authorities uphold the principles laid down in the Directions. Failure to do so could result in evictions being deemed to have been carried out illegally. It is therefore the responsibility of all stakeholders, including judicial officers, litigants, bailiffs, police officers, advocates, and others, to adhere to the Directions and ensure that evictions and demolitions are carried out in a just and humane manner that respects the rights and dignity of all persons affected.
