Kitale Richard and Another v Cavendish University (Miscellaneous Application 768 of 2025)

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 the application to vary a consent order, allowing applicants to replace a certificate of title deposited as security with a cash deposit of the decretal sum (UGX 144,843,860) within 30 days. The variation was granted in the public interest to enable government acquisition of the land for resettlement of communities in landslide-prone areas, with the encumbrance to be removed only after cash deposit.

Outcome

Application granted with conditions; certificate of title to be released upon deposit of decretal sum within 30 days

Facts

The applicants had deposited a certificate of title for land in Kween District as security pursuant to a consent order dated 28th February 2023 for due performance of orders in HCMA No. 470 of 2019. The government identified the subject land as suitable for relocating residents from landslide-prone areas. The applicants sought to vary the consent order to replace the certificate of title with a cash deposit of the decretal sum (UGX 144,843,860) to enable the government to acquire the land for resettlement purposes. The respondent did not oppose the application in principle, provided the decretal sum was deposited before the encumbrance was removed. The application was filed and served on 12th September 2025, with the hearing on 15th September 2025.

Issues

1. Whether the court should vary clause 1 of the Consent Order dated 28th February 2023 to substitute the certificate of title deposited as security with a cash deposit of the decretal sum.

Orders

• Item 1 of the terms of Consent between the parties entered on 28th February 2023 be varied by substituting the security of Certificate of Title for land comprised in FRV MBA 110 Folio 21 Plot 562 Block 2 Kapchesarur Kween District with a deposit into Court of the decretal sum of UGX 144,843,860 within 30 days from date of this ruling.
• The Respondent is directed to remove the encumbrance on the certificate of title on the assurance by the Court that the title will not be released to the Applicants until receipt by Court of the decretal sum.
• Should the Applicants fail to deposit the said decretal sum within 30 days, the cost of restoring the encumbrance shall be borne by the Applicants.
• Costs for removal of the encumbrance to be borne by the Applicants.
• Costs of the application shall be borne by the Applicants.

Rules and key headnotes

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