Wakilii

Kalibbala v Adholla (Miscellaneous Cause No. 28of 2014)

High Court · [2015] UGHCLD 62 · 2015 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for removal of caveat lodged against registered land
Decision
Caveat removed from applicant's registered title with immediate effect

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court ordered removal of a caveat from registered land where the caveator failed to appear after substituted service to justify the caveat's presence. The court held that caveats cannot remain as encumbrances in perpetuity and that a registered proprietor should not suffer continuous inconvenience where the caveator fails to contest removal or show the basis of the claimed interest.

Outcome

Caveat removed from applicant's registered title with immediate effect

Facts

The applicant, Kalibbala Victoria, was the registered proprietor of land comprised in Kibuga Block 16 Plot 892 at Lubaga, registered under Instrument No. KLA 222666 of 21/2/01. The respondent, Florence Adholla, lodged a caveat against the land as Instrument No. KLA 247564 of 13/3/03. The applicant sought removal of the caveat, claiming the respondent had no colour of claim or right. Service was effected on the respondent by substituted means through the New Vision Newspaper of 5/12/14 after court order. The respondent failed to appear or file any response contesting the application.

Issues

  1. Whether the caveat lodged by the respondent against the applicant's registered land should be removed.

Orders

  • Application granted.
  • The Commissioner, Land Registration is directed to remove the caveat of the respondent on the applicant's Certificate of Title for land comprised in Kibuga Block 16 Plot 892 at Lubaga with immediate effect.
  • Costs of the application awarded to the applicant.

Rules and key headnotes

Land & Property — Caveats — Removal — Burden on caveator to justify retention
Where a caveator fails to appear in court to contest the removal of a caveat or to justify its presence on registered land, the court will order removal of the caveat as caveats are not to remain as encumbrances on land in perpetuity and a registered owner should not suffer continuous inconvenience and loss by such encumbrance.
Civil Procedure — Ex parte proceedings — Effect of failure to appear after proper service
Where a respondent has been properly served through substituted means authorized by the court and fails to appear or file a response, the court may proceed ex parte and presume that the facts in the application are accepted and that the respondent has no objection to the prayers sought.

Legislation cited (6)

Cases cited (1)

  • Wasswa v Achen (1978) HCB 297

Full judgment

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

Kalibbala v Adholla (Miscellaneous Cause No. 28of 2014) [2015] UGHCLD 62 (12 February 2015)
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.