Kiwanuka and 3 Others v Kantinti and 3 Others (Miscellaneous Application No. 576 of 2020)

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 court stayed determination of the review application pending resolution of two related civil suits concerning Letters of Administration of the deceased's estate. The court found it could not ascertain whether the applicants were aggrieved persons until those suits were determined. All dealings on the disputed land were halted pending further orders.

Outcome

Application stayed pending determination of related civil suits concerning Letters of Administration

Facts

The first and second applicants were convicted of obtaining registration of certificates of title by false pretenses concerning land registered in the name of the first applicant and caveated by the second applicant. The land belonged to the estate of the late Yakobo Sekubwa. On appeal, the second applicant was acquitted but the first applicant's conviction was upheld. The first and second respondents, claiming to be administrators of the deceased's estate, obtained orders in Miscellaneous Application No. 76 of 2018 directing cancellation of the first applicant's registration and vacation of the second applicant's caveat. The third and fourth applicants held competing Letters of Administration for the same estate. Multiple civil suits were pending in the Family Division challenging the validity of various Letters of Administration.

Issues

1. Whether the Applicants are aggrieved by the ruling and orders in Miscellaneous Application No. 76 of 2018.
2. Whether there is sufficient cause to warrant review of the ruling and orders in Miscellaneous Application No. 76 of 2018.
3. What remedies are available to the parties.

Orders

• Determination of this application stayed under Section 6 of the Civil Procedure Act Cap 71 pending hearing and determination of Civil Suit No. 419 of 2016 and Civil Suit No. 466 of 2017.
• Any dealings on land comprised in Kyadondo Block 271 Plots 929, 928, 927, 926, 925, 93 and 919 by the Respondents are halted until further orders of Court.
• Costs of the application shall abide in the final decision.

Rules and key headnotes

Legislation cited (11)

• Civil Procedure Act Cap 71 s.98
• Civil Procedure Act Cap 71 s.82
• Civil Procedure Act Cap 71 s.6
• Registration of Titles Act Cap 230 s.77
• Registration of Titles Act Cap 230 s.177
• Judicature Act Cap 13 s.33
• Civil Procedure Rules SI 71-1 O.46 r.1
• Civil Procedure Rules SI 71-1 O.46 r.8
• Civil Procedure Rules SI 71-1 O.52 r.1
• Civil Procedure Rules SI 71-1 O.52 r.3
• Penal Code Act Cap 120 s.312

Cases cited (1)

• Muhammad Hussein v Griffiths Isingoma Kakiiza and Others (Supreme Court Civil Appeal No. 8 of 1995)

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