Kiwanuka Hannington Lujumwa v Mutebi Kiwanuka Robinson Jr. and Another (Miscellaneous Cause No.22 of 2023)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court closed the application for removal of caveat under section 17(2) of the Judicature Act after establishing that the parties had filed a substantive civil suit to resolve the underlying land dispute. The court directed the parties to await the outcome of that suit.
Outcome
Application closed; parties directed to await resolution of substantive suit HCCS No. 175 of 2023
Facts
The applicant lodged an application for removal of a caveat placed by the respondents on land comprised in Kyadondo Block 253 Plot 1859 at Lukuli. After studying the pleadings, the court established that the parties had subsequently filed HCCS No. 175 of 2023, a substantive suit intended to resolve the dispute concerning the same land.
Issues
- Whether the application for removal of caveat should proceed given that a substantive suit concerning the same land dispute has been filed.
Orders
- Application closed under section 17(2) of the Judicature Act.
- Parties to await the outcome of HCCS No. 175 of 2023.
Legislation cited (1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.