Wakilii

In the matter of property comprised in LRV VOL 454 FOLIO 7 PLOT 10 Block B Land at Namwendwa (MISC. APPLICATION NO. 4 1996)

High Court · [1996] UGHCCD 3 · 1996 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application under section 190 of the Registration of Titles Act to compel the Chief Registrar of Titles to remove a caveat and issue a vesting order
Decision
Application dismissed; applicant to pursue remedy by ordinary civil suit

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that section 190 of the Registration of Titles Act applies only to registered owners or proprietors of land. An applicant who is not a registered owner cannot invoke section 190 to compel the Chief Registrar to remove a caveat. Where land ownership is disputed by a third party caveator, the proper remedy is an ordinary civil suit, not an application by notice of motion under section 190.

Outcome

Application dismissed; applicant to pursue remedy by ordinary civil suit

Facts

James Kibenge applied under section 190 of the Registration of Titles Act requesting the Chief Registrar of Titles to remove a caveat lodged by Christopher Wagandya in respect of land comprised in LRV Vol 454 Folio 7 Plot 10 Block B at Namwendwa, Kamuli District. Wagandya had lodged the caveat claiming to be a co-owner of the property. The Chief Registrar refused to remove the caveat on the ground that Kibenge was not the registered owner of the land and that Kibenge had not presented the proper documents. The Commissioner of Lands had refused to issue a vesting order in Kibenge's name. Counsel for the Chief Registrar raised a preliminary objection that the application was brought under the wrong section of the Act.

Issues

  1. Whether an application under section 190 of the Registration of Titles Act can be brought by a person who is not the registered owner or proprietor of the land.
  2. Whether section 190 of the Registration of Titles Act is the proper procedural mechanism to resolve a dispute over land ownership where a caveat has been lodged by a third party claiming co-ownership.

Orders

  • Preliminary objection upheld.
  • Application to compel the Chief Registrar of Titles to remove the caveat and issue a vesting order dismissed.
  • Costs awarded to the Chief Registrar of Titles.

Rules and key headnotes

Land & Property — Caveats — Removal of Caveat — Locus Standi
An application under section 190 of the Registration of Titles Act to compel the Chief Registrar to remove a caveat can only be brought by a registered owner or proprietor of the land within the meaning of section 2 of the Act.
Civil Procedure — Choice of Remedy — Application by Notice of Motion versus Ordinary Suit
Where land ownership is disputed by a third party who has lodged a caveat, the proper procedural remedy is an ordinary civil suit that allows full hearing of evidence from all parties, not an application by notice of motion determined on affidavits alone.
Administrative Law — Registration of Titles — Scope of Section 190 of the Registration of Titles Act
Section 190 of the Registration of Titles Act is intended to deal with situations where the Chief Registrar has refused or failed to perform an act requested by an owner or proprietor; it does not extend to compelling the Registrar to resolve disputes over ownership between competing claimants.

Legislation cited (4)

Cases cited (1)

  • In the matter of Ivan Mutaka (High Court Bulletin 1960 page 27)

Full judgment

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

In the matter of property comprised in LRV VOL 454 FOLIO 7 PLOT 10 Block B Land at Namwendwa (MISC. APPLICATION NO. 4_1996) [1996] UGHCCD 3 (21 May 1996)
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.