How mediation is helping Ugandans resolve land conflicts
Land disputes continue to divide families and communities across Uganda, with prolonged conflicts over ownership, inheritance and boundaries sometimes escalating into violence. The Judiciary is now turning to mediation to help parties settle disputes faster, preserve relationships and reduce the growing backlog of land cases.
Hon. Lady Justice Damalie Lwanga of the Land Division of the High Court during the launch of the 2015/2016 New Law Year at the High Court in Kampala on January 16, 2015. (Photo by Tony Rujuta.)
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Land conflicts continue to tear families apart, divide communities and, in some cases, claim lives across Uganda. Many conflicts over land ownership, boundaries, inheritance and tenancy have dragged on for years, leaving families and communities in bitter and costly battles.
The problem is also being felt in the courts, where the High Court Land Division has six judges and mediators handling a growing number of cases.
But behind the court files are real people whose lives have been affected by land disputes.
In July 2023, a land conflict in Mubende District turned deadly when Milly Namutebi Naava, 54, and her husband, Abudallah Kayizi, 53, were hacked to death by a mob armed with machetes, axes and clubs.
The couple were caught up in a 12-year conflict over land measuring about 3.5 square miles. The dispute was between estate administrators, led by Naava, and more than 3,000 sitting tenants in several villages.
The case of Naava and her husband is not an isolated example of how land disputes can spiral from simple disagreements over ownership into prolonged conflicts that divide families and communities.
Judge offers solution
Justice Alexandra Nkonge, a retired judge attached to the High Court Land Division as a Judiciary-appointed court-accredited mediator, said many land conflicts could be resolved before they escalate if the parties are given an opportunity to negotiate.
Nkonge said the Judiciary has adopted an approach of taking mediation closer to communities to help parties resolve land disputes amicably before they turn into prolonged court battles.
Without disclosing details of the case, which she said remained confidential because mediation proceedings are private, Nkonge cited a land dispute involving 13 people in a Kampala suburb, where the parties had become so divided that they could hardly see eye to eye.
The land conflict had created high tensions among the parties, raising concerns that it could escalate into violence if left unresolved.
However, through mediation, Nkonge said she brought the parties together, helped them understand each other's grievances and guided them towards a settlement.
The case, she said, demonstrates how mediation can help defuse tensions and resolve land disputes before they become deeply entrenched.
“Many of these disputes can be resolved if the parties are given an opportunity to sit down and talk,” Justice Nkonge said.
The judge said mediation can also save parties the time and expense of prolonged litigation while helping to preserve peace and relationships and preventing conflicts within families and communities.
“Mediation starts from the grassroots. It does not start from the High Court, and the bulk of the disputes are land-related, stemming from inheritance, division of property and equitable sharing. Even where there is a will, you still need mediation,” Nkonge said.
She said land disputes are referred to mediators by the trial judge for mediation.
Conflict resolution is effective
Lawyer Christopher Rukyalekere, a mediator attached to the High Court Land Division, said mediation is one of the most effective approaches to resolve land conflicts.
He cited a case involving nine brothers in Matugga, Wakiso district, who had been embroiled in a land dispute and had not spoken to each other for nine years.
Rukyalekere said through mediation, he helped the brothers resolve the dispute and prevented a conflict that could have escalated into violence.
According to Rukyalekere, he helped the brothers address their grievances, after which they resumed communication and agreed to live together in harmony.
“This dispute can be resolved by talking to the parties involved and understanding the deeper grievances beyond the land. Sometimes, there is something beyond the conflict. It is important to address the root cause, and in doing so, you can resolve a long-standing conflict,” Rukyalekere said.
John Bosco Mudde, a private lawyer at JB Mudde Advocates, who has represented several communities involved in land conflicts, said every conflict has a solution.
“If there is already a dispute, I think the initial thing is to talk to your adversary or the other side, and find a way of resolving it. I don’t think there is any case that cannot be resolved. You may find that the issue is simply a disagreement or that someone has double-plotted land or created a title. These are issues that can be resolved by engaging a surveyor or addressing the matter at an early stage. Someone may discover that they were wrong, and the issue can be resolved there and then,” Mudde said.
Principal Judge's take
Principal Judge Jane Frances Abodo called for greater use of mediation to resolve land disputes, saying many of the cases are suitable for settlement outside prolonged litigation.
According to Abodo, many land disputes do not need to drag on through prolonged adversarial litigation.
“I strongly encourage judges, mediators and advocates to proactively identify suitable cases for mediation at the earliest possible stage,” Abodo said during a roundtable discussion with stakeholders at the Supreme Court Conference Hall in Kampala on May this year, ahead of the land dispute mediation settlement fortnight approach.
The meeting was intended to prepare stakeholders for the mediation settlement fortnight by reviewing the state of land disputes in the High Court Land Division, identifying practical ways of increasing mediation and strengthening collaboration to deliver faster and more meaningful justice.
She said parties involved in land disputes should move away from a purely adversarial approach and embrace reconciliation and mutually acceptable outcomes where justice permits.
“Delayed justice, especially in land matters, often leads to hardship, frustration and sometimes even breaches of the peace. Therefore, timely delivery of decisions is an essential part of restoring public confidence in the judiciary,” Abodo said.
She also noted the importance of predictability and consistency in the country's jurisprudence, saying litigants, investors and the public need certainty on how courts approach recurring issues such as spousal consent, fraudulent transfers, customary land rights, registration disputes and eviction procedures.
“While every case must be decided on its own merits, a consistent and principled application of the law builds certainty and reduces unnecessary litigation,” Abodo said.
Land cases backlog
According to the head of the High Court Land Division, Justice Damalie Lwanga, although the division's workload has reduced following the operationalisation of the Entebbe and Wakiso High Court circuits, they continue to face a heavy caseload.
“A total of 8,930 land matters were brought forward from the previous financial year, of which 243 were for mediation. A total of 3,692 new matters have been registered since this year began, of which 655 cases went for mediation. 5,739 matters have so far been completed this year, of which 421 were mediation causes. The total number of pending matters in the division is 7,051, and of these, 477 are mediation causes,” Lwanga revealed in May this year.
She said the increase in the number of resolved mediation cases, from 261 cases in the previous financial year to 394 cases this year, prompted the land division to organise a mediation fortnight for land cases as part of efforts to reduce the backlog.
“We have since set up an Alternative Dispute Resolution (ADR) committee composed of 11 members, including two judges and four registrars at the division, among others. The committee meets regularly and performs the duties of monitoring and evaluating the effectiveness of ADR, in addition to offering support in all ADR processes,” Lwanga said.
She said the division has resolved to make timely and systematic referrals of suitable cases to mediation to encourage early settlement and faster disposal of cases.
Lwanga commended Prof. Justice Andrew Khaukha, the Executive Director of the Judicial Training Institute, for promoting ADR mechanisms, particularly court-annexed mediation, which she said had contributed to case disposal.
Supreme Court Justice Mike Chibita, who is also the chairperson of the Judicial Training Institute Governing Council, reaffirmed the institute's commitment to strengthening judicial capacity and promoting ADR as a key component of access to justice.
Land-related disputes remain among the most common conflicts affecting families and communities in Uganda, in both rural and urban areas. The disputes often involve inheritance, ownership, boundaries and competing claims to land, making timely and effective resolution important in preventing them from becoming prolonged conflicts.