Wakilii

Kalungi Kirumira v NewPark Lock Up Owners Association and Another (Miscellaneous Application 644 of 2022)

High Court · [2024] UGHCCD 134 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Interlocutory application arising from civil suit for custody of certificate of title pending determination of main suit
Decision
Application dismissed for seeking custody of entire parent title rather than specific condominium titles purchased by applicant

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.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

Held that an applicant who purchased 116 condominium units out of over 1000 units created on a parent title cannot seek custody of the entire parent certificate of title without amending pleadings to reflect the specific 116 condominium titles. Granting custody of the entire title would unjustifiably affect subsisting mortgages and rights of other condominium owners. The application constitutes an impermissible departure from pleadings and was dismissed.

Outcome

Application dismissed for seeking custody of entire parent title rather than specific condominium titles purchased by applicant

Facts

On 2 November 2016, the applicant entered into a land sale agreement with the 1st respondent represented by the 2nd respondent to purchase 116 condominium units comprised in plots 1A-7A & 9A-11A at Mackay Road, Kampala for USD 1,050,000. The applicant also paid UGX 208,800,000 and UGX 11,600,000 to facilitate transfer of titles into his name. The applicant took possession and developed the land but the respondents refused to transfer the condominium certificates of title into his name. The parent title covering the land has over 1000 condominium titles created on it belonging to multiple owners and is subject to two subsisting mortgages with DFCU Bank and Equity Bank. The applicant instituted the main suit and this interlocutory application seeking custody of the original parent certificate of title.

Issues

  1. Whether sufficient grounds exist for requiring the respondents to deposit in court for custody of the original certificate of title for the land comprised in plots 1A-7A & 9A-11A situate at Mackay Road Kampala until disposal of the main suit?

Orders

  • Application dismissed.
  • Costs of the application to abide the outcome of the main suit.

Rules and key headnotes

Civil Procedure — Interlocutory Applications — Custody of Documents — Requirement for Specificity in Pleadings
Where an applicant purchases only part of property covered by a parent certificate of title that is subdivided into multiple condominium units owned by different persons, the applicant cannot seek custody of the entire parent certificate of title but must specifically plead and seek custody of only the condominium titles to which he has a claim.
Civil Procedure — Departure from Pleadings — Amendment Required
A party cannot by way of affidavit in rejoinder or counsel's submissions rectify a fundamental error in the relief sought without formal amendment of pleadings; such constitutes an impermissible departure from pleadings and offends the constitutional right to a fair hearing under Article 28 of the Constitution.
Land & Property — Certificates of Title — Condominium Titles — Effect of Multiple Ownership and Subsisting Encumbrances
An order for custody of a parent certificate of title covering condominium property cannot be granted where such order would affect subsisting mortgages on the parent title and the rights of other condominium owners whose units have been created or are yet to be created on the same parent title.

Legislation cited (3)

Full judgment

↓ Download PDF

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

Kalungi Kirumira v NewPark Lock Up Owners Association and Another (Miscellaneous Application 644 of 2022) [2024] UGHCCD 134 (19 August 2024)
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.