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The Difference Between Kabaka’s Land and Private Mailo Land

Understanding Kabaka's land and private Mailo land Photo Credit: The Daily Monitor.

UGANDA, Kampala | Real Muloodi News | Land acquisition does not have to be difficult, but you need to know is the type of land you are buying, and who the seller is. Always keep in mind the type of land tenure in question. In this article, we will explore the differences between Kabaka’s land and Private Mailo land.

What is “Kabaka’s Land”?

Peter Walubiri, a lawyer explains that “Kabaka’s land” is property that belongs to the office of the Kabaka of Buganda. The 350 sq. miles of land given to the Kabaka as part of the Buganda Agreement is known as “Kabaka’s land.” The Buganda Land Board (BLB) is in charge of it. 

Nansana, Munyonyo, Buziga, Konge, Kigo, Maganjo, Kagoma, and Ganda are just a few of the suburbs set on Kabaka land.

During the 1900 Buganda Agreement, they divided the land into the Buganda region into two. The crown land, which was under the colonial government, and Mailo land under the control of the Kabaka of Buganda.

They Also Divided the Mailo Land into Two;
  1. Private Mailo; According to Denis Bugaya, a legal officer at Buganda Land Board (BLB), Private Mailo is the land parcelled out to individuals in the sense that it was their property.

“People such as Kabaka Daudi Chwa, his mother, the Muhamedian prince, who was Mbogo, and the mother of Mwanga, were given land as individuals. They could deal with this land as they deemed fit; they could transfer it, or if one got a financial problem or any other, they could sell it.” Bugaya narrates.

Between 1900 and 1908, roughly 1,300 Baganda individuals and institutions, including churches, were given the Private Mailo. Private owners own their property in perpetuity and can sell or pass their rights on to their heirs.

  1. Official Mailo; the Kabaka owns this land because of his position. The sale of Kabaka’s land is not permitted because it benefits the Kabaka’s office, Katikkiro, Ssaza, and Gombolola Chiefs. In contrast, with Private Mailo, one can get either a leasehold title or an outright transfer.

The other difference is that one has to pay the premium and annual ground rent for Kabaka’s land. In contrast with the Private Mailo, you only pay for the premium.

According to Abbey Ntambi, the Buganda Land Board’s (BLB) communications officer, the premium is 10% of the land’s capital value, while ground rent is 1% of the premium.

“If a plot, say in Buziga, costs USh 40 million, that is its capital value. The premium is 10 percent, which translates into USh 4 million, while the ground rent is one percent of USh 4 million which is USh 400, 000. For that plot in Buziga one pays premium once, and annual ground rent over the 49 years.” Ntambi explains.

However, Bugaya explains the lease extension: “When the lease expires, the land returns to Kabaka’s ownership. The Kabaka’s office determines whether to extend the lease. But it is the policy of BLB that once a lease expires, we renew it and give it to the sitting tenant.” Bugaya adds, “This is a hybrid institution that is commercial, cultural and political.”

READ MORE LIKE THIS:

How to Acquire a Kibanja on Kabaka’s Land

Buganda Land Board; More Than a Land Vending Agency

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