LAND JUSTICE DELAYED: WHY PROLONGED LAND DISPUTES UNDERMINE DEVELOPMENT IN UGANDA AND THE CASE FOR MEDIATION

Abstract

Land disputes constitute one of the most persistent and consequential categories of civil litigation in Uganda, with significant implications for economic productivity, social stability, and judicial efficiency. Despite land underpinning the livelihoods of over 70% of the population and contributing substantially to national output, a considerable proportion of land remains underutilised due to prolonged disputes. Drawing on doctrinal analysis and secondary empirical data from institutions such as the Judiciary of Uganda, Uganda Bureau of Statistics, and the World Bank, this study examined the developmental consequences of delayed land dispute resolution in Uganda. The findings indicate that land disputes account for approximately 30–40% of civil cases, with many remaining unresolved for five to ten years or longer. During this period, disputed land is frequently withdrawn from productive use, access to credit is constrained, and households incur significant litigation-related costs. The study further finds that prolonged adjudication contributes to judicial backlog and systemic inefficiency. The article argues that the prevailing litigation-dominated approach is structurally misaligned with the socio-economic realities of land relations in Uganda. It advances mediation, particularly early and mandatory mediation, as a more efficient, contextually appropriate, and development-oriented mechanism for resolving land disputes. The study concludes that reforming land dispute resolution processes is essential not only for improving access to justice but also for unlocking the productive potential of land and supporting broader economic development.

Key Terms: Land Disputes, Mediation, Access to Justice, Judicial Backlog, Uganda, Land Tenure, Economic Development, Alternative Dispute Resolution