Wakilii

Kakyomya v Commissioner Land Registration (Misc Cause 3 of 2022)

High Court · [2023] UGHCLD 156 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to remove caveat lodged on registered land
Decision
Caveat ordered removed with immediate effect

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where a caveator lodges a caveat under the Registration of Titles Act and fails to take steps to establish the caveated interest with finality or show cause why the caveat should not be removed after the statutory period lapses, the court will order removal of the caveat. A caveat lodged in 2009 without subsequent action by the caveator for over 13 years was ordered removed.

Outcome

Caveat ordered removed with immediate effect

Facts

The applicant purchased land comprised in FRV 219 Folio 25 Burahya plots 17-19 Bwamba Road Fort Portal in 2008 without encumbrance and developed it. Upon losing his certificate of title and applying for a special certificate, he discovered a caveat had been lodged on the land on 12 October 2009 by the Commissioner Land Registration. The applicant approached the respondent and was informed the caveat had been lodged in error, but it was not removed. The caveat affected the applicant's use of the land. The respondent did not file a reply to the application despite being served, and did not appear to show cause why the caveat should not be removed.

Issues

  1. Whether the caveat lodged by the Respondent on FRV 219 Folio 25 Burahya plots 17-19 Bwamba Road on 12/10/2009 should be vacated.

Orders

  • Application allowed.
  • The respondent is directed to remove the caveat lodged on 12/10/2009 on FRV 219 Folio 25 Burahya plots 17-19 Bwamba Road Fort Portal with immediate effect.
  • No order as to costs.

Rules and key headnotes

Land Registration — Caveats — Removal — Failure to Establish Interest
A caveator who lodges a caveat under section 139 of the Registration of Titles Act must take steps to establish the caveated interest with finality and cannot sit back for eternity without action. Where a caveator fails to show cause why a caveat should not be removed after the statutory period lapses, the court will order its removal.
Land Registration — Caveats — Purpose and Function
A caveat serves a twofold purpose: to give the caveator temporary protection, and to give notice of the nature of the claim to the person whose estate in the land is affected and to the world at large.

Legislation cited (11)

Cases cited (1)

  • Bayes v Gathure [1966] EA 385

Full judgment

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

Kakyomya_v_Commissioner_Land_Registration_(Misc_Cause_3_of_2022)_[2023]_UGHCLD_156_(17_January_2023)
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.