Wakilii

Danish Land Owners Ltd. v Geoffrey Kikonyogo (Misc. Appl. No. 80 of 2008)

High Court · [2010] UGHC 154 · 2010 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to remove caveat from land title
Decision
Caveat vacated and applicant's interest to be registered on the land title

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that a caveat is an instrument within the meaning of the Registration of Titles Act and must comply with Section 147(1) requiring attestation. A caveat that is not attested to is invalid, null and void. The requirement of attestation is a substantive provision of law, not a mere technicality. Where a person is to be deprived of property, substantive justice requires that the law be followed in its entirety. Application granted and caveat vacated for lack of conformity with statutory requirements.

Outcome

Caveat vacated and applicant's interest to be registered on the land title

Facts

The applicant company purchased land comprised in Block 383, Plot 4875 at Kajjansi from George William Katongole on 15 January 2008. The vendor surrendered the duplicate certificate of title and transfer deed. On 30 January 2008, the respondent lodged a caveat which was registered on 31 January 2008 under Instrument No. KLA 365559. The respondent claimed he had already acquired an interest in the same property by way of purchase from the same vendor. The applicant brought this application seeking removal of the caveat on grounds that it was unattested and null and void, and that it was not executed in accordance with law.

Issues

  1. Whether the caveat was executed by the respondent in accordance with law.
  2. What remedies are available to either party.

Orders

  • Application granted.
  • The caveat lodged in respect of Block 383, Plot 4875 is hereby vacated for lack of conformity with Section 147(1) of the Registration of Titles Act and Schedule 4 of Section 20 of the same Act, Cap. 230.
  • The Registrar of Titles is directed to comply with the above order and effect changes in the Register Book.
  • As a consequential order, the Registrar of Titles shall register and entertain the applicant's application and have it registered on the suit land.
  • The Respondent is condemned to costs for this application.

Rules and key headnotes

Land & Property — Caveats — Formal Requirements — Attestation under Registration of Titles Act
A caveat is an instrument within the meaning of Section 147(1) of the Registration of Titles Act Cap. 230 and must be attested in accordance with the requirements of that section and the Fourth Schedule to the Act.
Statutory Interpretation — Registration of Titles Act — Definition of Instrument
Section 1(h) of the Registration of Titles Act defines an instrument as any document in pursuance of which any entry is made in the register. A caveat falls within this definition as it results in an entry in the register.
Land & Property — Caveats — Validity — Effect of Non-Attestation
An unattested caveat lodged under the Registration of Titles Act is invalid, null and void and must be removed from the land register.
Statutory Interpretation — Substantive Requirements versus Technicalities — Deprivation of Property
The requirement of attestation of a caveat is a matter of substantive provision of law, not a mere technicality. If a person is to be deprived of property, substantive justice requires that the law be followed in its entirety. To hold otherwise is to allow mere technicality to defeat justice.

Legislation cited (8)

Cases cited (2)

  • Fredrick Zabwe v Orient Bank and Others (Supreme Court Civil Appeal No. 4 of 2006)
  • FJK Zaabwe v Orient Bank and 5 Others (Supreme Court Civil Appeal No. 4 of 2006)

Full judgment

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

Danish Land Owners Ltd. Vs Geoffrey Kikonyogo (Misc. Appl. No. 80 of 2008) [2010] UGHC 154 (24 September 2010)
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.