Wakilii

Batwawula v Kaddu & 2 Ors (Misc Application No. 0474 of 2016)

High Court · [2017] UGHCLD 259 · 2017 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to vacate caveats lodged on certificate of title
Decision
Caveats vacated; applicant free to deal with land as registered proprietor

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted the application to vacate caveats where the caveators failed to file affidavits in reply and took no steps to challenge the registered proprietor's title for nine years after lodging the caveats. The court held that unchallenged affidavit evidence stands unchallenged and that caveators who sleep on their rights after notice to show cause cannot prevent a registered proprietor from using their land indefinitely.

Outcome

Caveats vacated; applicant free to deal with land as registered proprietor

Facts

The applicant was the registered proprietor of land comprised in Kyadondo Block 82 Plot 1163 (also referred to as Mengo Block 82 Plot 1163). The respondents had lodged caveats on the certificate of title in January 2008. The applicant issued notices to the respondents to show cause why the caveats should not be vacated. The respondents did not respond to the notices. The applicant then brought this application seeking orders to vacate the caveats. The respondents, though served, did not defend the application or file affidavits in reply. The application was heard exparte.

Issues

  1. Whether the caveats lodged by the respondents on Kyadondo Block 82 Plot 1163 should be vacated.

Orders

  • Application granted.
  • Caveats lodged on the certificate of title comprised in Kyadondo Block 82 Plot 1163 vacated.
  • Costs of the application awarded to the applicant.

Rules and key headnotes

Land Registration — Caveats — Effect of Uncontroverted Affidavit Evidence
Affidavit evidence that is not controverted becomes unchallenged evidence which the court may rely upon in determining an application.
Land Registration — Caveats — Duty of Caveator to Respond to Notice to Show Cause
Once a notice to show cause is issued under section 140(1) of the Registration of Titles Act, the caveator is obliged to explain why the caveat should not be removed and cannot sit back indefinitely to the detriment of the registered proprietor.
Land Registration — Caveats — Temporary Nature of Protection
A caveat provides only temporary protection to a caveator and it is not equitable to allow caveators to leave a caveat in place indefinitely without taking steps to vindicate their claimed interest, particularly where the registered proprietor seeks to put the land to good use.

Legislation cited (2)

Cases cited (3)

  • Ready Agro Supplies Ltd. & Ors v Uganda Development Bank (HCCS No. 379 of 2005)
  • Boynes v Gatheru (1969)
  • Hunter Investments Ltd. v Lwanyaga (Misc Application No. 34 of 2012)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Batwawula v Kaddu & 2 Ors (Misc Application No. 0474 of 2016) [2017] UGHCLD 259 (6 November 2017)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.