Wakilii

Dr. Henry Ssekaalo & Another V Naduli Abdul & 2 Others (Miscellaneous Cause No. 83 of 2013)

High Court · [2014] UGHCLD 136 · 2014 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to vacate caveat lodged on certificate of title under Registration of Titles Act s.140
Decision
Caveat ordered vacated; 2nd Applicant's path to registration as proprietor cleared

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where a caveator fails to respond to a summons to show cause why a caveat should not be removed under Registration of Titles Act s.140, and where the applicants establish a credible case showing the registered proprietor transferred the land free from encumbrance and the caveator has no justifiable interest, the court will order the caveat vacated. The Registrar's failure to serve statutory notice and administratively remove the caveat after 60 days constitutes a failure of statutory duty.

Outcome

Caveat ordered vacated; 2nd Applicant's path to registration as proprietor cleared

Facts

The 1st Applicant had been the registered proprietor of land comprised in Bulemezi Block 320 Plot 32 at Busowa (40.5 hectares) since 29 March 1990. On 16 September 2009, the 1st Applicant sold and transferred the land to the 2nd Applicant free from encumbrance. The 2nd Applicant took physical possession. On 29 April 2010, the 1st Respondent lodged a caveat on the title under Instrument No. BUK. 89129, preventing the 2nd Applicant's registration as proprietor. On 11 June 2012, the 1st Applicant applied to the 2nd Respondent (Registrar of Titles) to vacate the caveat administratively, but the Registrar failed to comply. The Applicants brought this application under Registration of Titles Act s.140. The Respondents were duly served with motion and hearing notices but did not appear. The court heard the matter ex parte.

Issues

  1. Whether the caveat lodged by the 1st Respondent on the title to the suit land should be vacated.
  2. Whether the 2nd Respondent failed in its statutory duty to administratively remove the caveat.
  3. Whether the 2nd Applicant should be registered as proprietor of the suit land.

Orders

  • Application allowed with costs against the 1st Respondent.
  • The Registrar of Titles shall forthwith vacate the caveat lodged by Naduli Abdul on the title to land comprised in Bulemezi Block 320 Plot 32 at Busowa.
  • The 1st Respondent shall meet the Applicants' costs of the application.

Rules and key headnotes

Land & Property — Caveats — Removal — Statutory Procedure under Registration of Titles Act s.140
Under Registration of Titles Act s.140(1), a registered proprietor or person claiming under a transfer may summon a caveator to show cause why a caveat should not be removed, and upon proof of service the court may make such order as it sees fit, including ex parte orders where the caveator fails to appear.
Land & Property — Caveats — Burden of Proof — Ex Parte Applications
Notwithstanding that a respondent fails to file a response to an application to vacate a caveat, the applicant remains under a duty to put up a credible case before the court will decide the matter in the applicant's favour.
Land & Property — Caveats — Justification — Unjustified Caveats
Where a registered proprietor has held title for close to twenty years and has transferred the land to a purchaser who takes physical possession, and the caveator adduces no evidence of any interest in the land, the caveator has no justification for lodging the caveat and the court will order it vacated.
Administrative Law — Registrar of Titles — Statutory Duty — Administrative Removal of Caveats
Under Registration of Titles Act s.140(2), a caveat lodged against a proprietor is deemed to have lapsed upon the expiry of sixty days after notice has been served on the caveator that the proprietor has applied for removal of the caveat. The Registrar of Titles has a statutory responsibility to serve the requisite notice under s.149 and to administratively remove the caveat if no cause is shown within the prescribed period.

Legislation cited (6)

Cases cited (1)

  • The Management Committee of Rubaga Girls School v Dr. Bwogi Kanyerezi (Civil Appeal No. 34 of 1999)

Full judgment

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Dr. Henry Ssekaalo & Another V Naduli Abdul & 2 Others (Miscellaneous Cause No. 83 of 2013) [2014] UGHCLD 136 (28 November 2014)
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.