Karema and 2 Others v Karema (HCT-05-CV-MA 316 of 2022)

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.

Holding

The High Court granted consequential orders to operationalize a consent decree regarding estate land distribution. The court appointed the Administrator General as administrator of the deceased's estate and ordered cancellation of the respondent's name on land titles, replacing it with the Administrator General. The subdivision of the estate land into 15 plots was validated. The court rejected a preliminary objection that co-applicants must file separate affidavits, holding that a single affidavit sufficed where applicants shared the same claim.

Outcome

Application granted; Administrator General appointed to administer estate and effect land distribution; respondent's title cancelled and replaced with Administrator General

Facts

The late Daudi Karema died intestate leaving 10 children including the applicants and respondent. Estate land comprising approximately 30.2 hectares at Birere, Isingiro was registered solely in the respondent Dr. Nathan Karema's name. In Civil Suit No. 40 of 2014, parties entered a consent decree on 17 September 2020 requiring the respondent to surrender the certificate of title for subdivision and equal distribution among all beneficiaries. The respondent was to sign mutation and transfer forms to register shares in beneficiaries' names. Despite the consent decree, the respondent refused to hand over the title until execution proceedings were filed. After subdivision into 14 plots was completed by surveyors, the respondent refused to sign transfer forms or provide documentation necessary for registration in beneficiaries' names, frustrating implementation of the consent decree.

Issues

1. Whether the applicants were entitled to consequential orders to give effect to a consent decree requiring registration of subdivided estate land in the names of beneficiaries.
2. Whether the application should be dismissed against the 2nd and 3rd applicants for failure to swear supporting affidavits.
3. Whether the Administrator General should be appointed administrator of the estate of the late Daudi Karema to effect distribution of subdivided land.

Orders

• The subdivision of land formerly comprised in LRV 1348 Folio 7 Isingiro Block 5 Plot 21 is valid.
• The land that constitutes the estate of the late Daudi Karema is comprised in LRV MBR 637 Folio 11 through 15 and Folios 2-10, 13-14 in Isingiro Block 5 Plots 84-91, 94-100.
• The Administrator General is appointed the Administrator of the estate of the late Daudi Karema for purposes of distributing the subdivided land among beneficiaries guided by the law, the consent decree in HCCS 40 of 2014, and the wishes of the majority.
• The Commissioner Land Registration is directed under Section 177 of the Registration of Titles Act to cancel the entry of Nathan Karema's name and replace it with the Administrator General as Administrator of the estate for all subdivided land titles.
• The parties shall extract this order and serve it with the consent decree on the Administrator General's office in Mbarara and the Commissioner Land Registration through the Registrar of Lands at Mbarara zonal land office.
• The 1st respondent shall pay the applicants costs of this application.

Rules and key headnotes

Legislation cited (9)

• Civil Procedure Act Cap 71 s.98
• Civil Procedure Act Cap 71 s.27
• Judicature Act Cap 13 s.33
• Judicature Act s.17(2)(c)
• Registration of Titles Act Cap 230 s.168
• Registration of Titles Act Cap 230 s.177
• Administrator General's Act s.4(5)(a)
• Physical Planning Act 2010 s.3
• Civil Procedure Rules SI 71-1 Order 52 Rules 1 and 3

Cases cited (6)

• Bank of Uganda and 2 Others v Bassajjabalaba Hides & Skins Ltd & Others (HCT-00-CV-MA 566 of 2008)
• Luggya Andrew v Kikonyogo Richard and Another (CA Misc Application No. 248 of 2021)
• Lwanga v Registrar of Titles [1980] HCB 24
• Ssentongo Matia v Mpalanyi and Another (HC Misc Application No. 410 of 2018)
• Namutebi Matilda v Ssemanda Simon and Others (Misc Application No. 430 of 2021)
• Kalibbala and Another v Attorney General (Misc Application No. 10 of 2015)

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