Kayondo v Kimera & 4 Others (Civil Suit 76 of 2020)

Observed later treatment

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 court found that parties had made entries on the land title based on an order purportedly issued by the Chief Justice, which the Commissioner for Land Registration confirmed did not exist. Applying the principle in Makula International that illegality once drawn to the court's attention renders proceedings a nullity, the court directed all parties to revert to the status quo as of 23 February 2020, ordered the Commissioner to vacate all illegal entries made since that date, and froze the title pending final determination of the suit.

Outcome

Status quo as of 23 February 2020 restored; title frozen pending final determination of the suit

Facts

On 30 March 2021, the court recalled interim orders issued by the Registrar and ordered parties to respect the status quo. On 1 June 2021, the court's attention was drawn to an order purportedly granted by the Chief Justice, based on which some parties had made entries on the mother title. The court directed the Commissioner for Land Registration to clarify whether such an order existed. In his report, Mr Sekitto Moses (for the Commissioner) confirmed that no such order had been issued by the Chief Justice and that there was an erroneous entry to that effect on the LAN System. All activities on the title based on this non-existent order were therefore invalid.

Issues

1. Whether the parties abused court process by making illegal entries on the land title based on a non-existent court order.
2. What orders should be made to restore the status quo ante following the discovery of illegality.

Orders

• All parties to revert to the status quo position (both on the title and on the ground) as it existed on 23 February 2020 when Civil Suit No. 76 of 2020 was registered.
• The Commissioner for Land Registration to vacate all illegal entries entered in the Register and on the Title since 23 February 2020.
• The Commissioner for Land Registration to forward the original Title to the Court for safe custody.
• All dealings with the land and its Title are frozen and no entry of any nature is allowed on the Title (save with leave of this Court) until the final determination of the suit.

Rules and key headnotes

Cases cited (1)

• Makula International versus His Eminences Cardinal Wamala

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Ngambwa Ruta v Kayondo James Sendi and Others (Misc. Application No. 2334 of 2024)

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