Kolya v Nantongo and 2 Others (Misc Cause No. 39 of 2021)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The court dismissed an application to vacate a caveat lodged on registered land. Under Registration of Titles Act s.140(1), a caveator must show cause why a caveat should not be removed after the statutory period lapses. The court found it premature to vacate the caveat where a pending appeal existed, as maintaining the status quo was necessary to enable the Court of Appeal to settle the appeal first.
Outcome
Caveat remains in place pending determination of appeal by Court of Appeal
Facts
The applicant, Daudi Kolya, sought orders to vacate a caveat lodged by the respondents (Christine Nantongo and Namuddu Marjorie) on land comprised in Block 244 Plot 5198 Kisugu. The caveat was registered as Instrument No. KCCA-U007-0074090. The application was opposed by affidavit in reply from Marjorie Namuddu. The respondents indicated that there was a pending appeal before the Court of Appeal.
Issues
- Whether the caveat lodged by the respondents on Block 244 Plot 5198 Kisugu should be vacated.
Orders
- Application dismissed.
- Each party to bear its own costs.
Rules and key headnotes
Legislation cited (1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.