Wakilii

Kakooza v Nanyondo & 2 Ors (Misc. Cause No. 94 of 2020)

High Court · [2020] UGHCLD 18 · 2020 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to remove caveat lodged on applicant's registered land title
Decision
Caveat vacated; respondents permanently restrained from lodging further caveats; compensation awarded to applicant

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court vacated a caveat lodged by the respondents on the applicant's registered land title after finding that the underlying application for temporary injunction had been dismissed for lack of cause of action in 2010, rendering the caveat redundant. The respondents were permanently restrained from lodging further caveats and ordered to pay compensation of UGX 20,000,000 under section 142 of the Registration of Titles Act for lodging the caveat without reasonable cause.

Outcome

Caveat vacated; respondents permanently restrained from lodging further caveats; compensation awarded to applicant

Facts

The applicant was the registered proprietor of land comprised in Mailo Register Mengo Block 195 Plot 523 at Kyanja, registered on 6 August 2008. On 25 June 2010, an interim order of injunction from Miscellaneous Application No. 147 of 2010 was lodged on the applicant's title as a result of a caveat and claims by the respondents, who alleged they were beneficiaries of the estate of the late Fulanswa Nsitekadiwa Walusimbi. The caveat was registered under instrument No. KLA 457201 over multiple plots including the applicant's Plot 523. The underlying application for temporary injunction (MA No. 147 of 2010) was dismissed for lack of cause of action by Justice Joseph Murangira in 2010. The respondents did not pursue their claim to its logical conclusion. The applicant's title showed no existing encumbrances at the time of the hearing. The respondents' advocate acknowledged the dismissal and expressed no objection to the application.

Issues

  1. Whether the respondents' caveat on the applicant's land comprised in Mailo Register Mengo Block 195 Plot 523 should lapse.
  2. Whether the respondents should be permanently restrained from lodging further caveats on the applicant's land.
  3. Whether the applicant is entitled to compensation for the caveat lodged without reasonable cause.

Orders

  • The caveat lodged on land comprised in Mailo Register Mengo Block 195 Plot 523 situate at Kyanja is hereby vacated.
  • The respondents are permanently restrained from lodging any other caveat on the applicant's land.
  • The respondents shall pay compensation of UGX 20,000,000 to the applicant.
  • The respondents shall pay the costs of the application.

Rules and key headnotes

Land & Property — Caveats — Removal — Effect of Dismissal of Underlying Application
Where the underlying application for a temporary injunction that gave rise to a caveat has been dismissed for lack of cause of action, the caveat becomes redundant and overtaken by events and should be vacated.
Land & Property — Caveats — Compensation — Lodging Without Reasonable Cause
Under section 142 of the Registration of Titles Act, a person who lodges a caveat without reasonable cause is liable to compensate any person who sustains damage by the lodging of the caveat, such compensation as the court may deem just.
Civil Procedure — Injunctions — Permanent Restraint — Abuse of Process
Where a party has lodged a caveat without reasonable cause after the underlying claim was dismissed, the court may permanently restrain that party from lodging further caveats on the same land to prevent abuse of process.

Legislation cited (1)

Full judgment

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Kakooza_v_Nanyondo_&_2_Ors_(Misc._Cause_No._94_of_2020)_[2020]_UGHCLD_18_(28_October_2020)
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.