Wakilii

Kamoga Muhamad v Ddamulira Abdul and Another (Miscellaneous Cause No. 20 of 2025)

High Court · [2025] UGHCLD 289 · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to vacate caveat lodged in breach of court order
Decision
Caveat vacated with costs to the applicant

Observed later treatment

No later-treatment classification is recorded for this judgment.

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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

The court held that a caveat lodged on 5 December 2024 by the 1st Respondent was illegal in light of an existing judgment and decree from Civil Suit No. 507 of 2020, which had ordered the Commissioner Land Registration to vacate the defendant's caveat on Plot 192, Block 209, Bwaise. The court directed that the caveat be vacated, noting that the respondent's proper remedy was to pursue his pending application for stay of execution and civil appeal against the earlier judgment and decree.

Outcome

Caveat vacated with costs to the applicant

Facts

On 23 July 2024, the High Court delivered judgment in Civil Suit No. 507 of 2020, ordering the Commissioner Land Registration to vacate the defendant's caveat on Plot 192, Block 209, Bwaise. Despite this order, on 5 December 2024, the 1st Respondent lodged a fresh caveat on the same land. The 1st Respondent had filed Miscellaneous Application No. 709 of 2025 seeking a stay of execution and had filed Civil Appeal No. 114 of 2025 against the judgment and decree in Civil Suit No. 507 of 2020. The applicant filed the present application seeking to vacate the 5 December 2024 caveat.

Issues

  1. Whether the caveat lodged on 5 December 2024 should be vacated in light of an existing court order directing the Commissioner Land Registration to vacate an earlier caveat on the same land.

Orders

  • Caveat dated 5 December 2024 vacated.
  • Costs awarded to the applicant.

Rules and key headnotes

Caveats — Lodging of Caveat in Breach of Court Order — Illegality
Where a court has ordered the Commissioner Land Registration to vacate a caveat on land, the lodging of a fresh caveat on the same land by the same party is illegal and constitutes dishonor of the court's order.
Execution — Stay of Execution — Remedy Pending Appeal
A party who wishes to preserve his interest in suit land following an adverse judgment should pursue an application for stay of execution and file an appeal against the judgment and decree, not lodge a fresh caveat in breach of the court's order.

Full judgment

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

Kamoga_Muhamad_v_Ddamulira_Abdul_and_Another_(Miscellaneous_Cause_No._20_of_2025)_[2025]_UGHCLD_289_(27_March_2025)
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.