Kabagambe v Kabagambe (HCT-05-CV-MA-0069-2003)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Held that where a respondent lodges a caveat against a registered proprietor's certificate of title but fails to file an affidavit in opposition or appear in court to defend the caveat, and no reason appears to withhold the order sought, the court will order removal of the caveat.

Outcome

Caveat removed from applicant's certificate of title

Facts

The applicant was the registered proprietor of land comprised in LRV 970, Folio 3, Plot No. 11A, Kisoro. The respondent lodged a caveat against the certificate of title in July 1997. The caveat remained on the title as an encumbrance. The applicant contended that the respondent had no interest in the property and that the encumbrance resulted in unjustified inconvenience. The respondent did not file an affidavit in opposition to the application and did not appear in court.

Issues

1. Whether the caveat lodged by the respondent on the applicant's certificate of title should be removed.

Orders

• The caveat lodged on the suit land by the respondent be removed forthwith.
• Applicant is entitled to the costs of the application.

Rules and key headnotes

Legislation cited (4)

• Registration of Titles Act Cap. 205 s.149(1)
• Registration of Titles Act Cap. 205 s.197
• Registration of Titles Act Cap. 230 s.140
• Registration of Titles Act Cap. 230 s.188

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