Wakilii

Makumbi v Mawejje (Misc Cause No. 15 of 2022)

High Court · [2022] UGHCLD 229 · 2022 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to remove caveat lodged on applicant's land
Decision
Application dismissed with costs; applicant directed to pursue remedy through ordinary suit or await outcome of pending appeal in related matter

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application to remove caveat dismissed. The court held that determination of ownership of land comprised in Block 8 Plot 864 Namirembe/Mengo requires a full trial and cannot be resolved by notice of motion. The respondent has a right under section 139 of the Registration of Titles Act to lodge a caveat to protect his perceived interest as a beneficiary under the will of the parties' late father. The applicant's request for set-off against damages awarded in a related suit was premature given the pending appeal and unresolved ownership dispute.

Outcome

Application dismissed with costs; applicant directed to pursue remedy through ordinary suit or await outcome of pending appeal in related matter

Facts

The applicant, Moses Makumbi, is the registered proprietor of land comprised in Block 8 Plot 864 Namirembe/Mengo. In December 2013, the respondent, Fredrick Mawejje, lodged a caveat on the land claiming an interest as a beneficiary. The applicant was constructing a three-storey commercial building which was stopped by the caveat and remains incomplete. The applicant alleged the caveat prevented him from selling the land or obtaining bank financing. The parties are biological brothers, and the respondent claims the land is part of their late father's estate. According to the will of Erieza Sebbowa Yawe, the late father purchased the property for his children but registered it in the applicant's name. The will bequeathed the property to the respondent, the applicant, and their two sisters. In related litigation (Civil Suit No. 299 of 2014), the respondent successfully sued the applicant for wrongfully lodging a caveat on different land (Block 10 Plot 917 Bukesa/Nakulabye) where the respondent was the registered proprietor. The applicant was ordered to pay damages of UGX 25,000,000 in that suit and has since appealed (Civil Appeal No. 16 of 2022). The applicant brought this application seeking removal of the caveat on his land, damages for wrongful lodgment, and set-off against the damages he owes from the related suit.

Issues

  1. Whether the impugned caveats should be removed?
  2. Whether the Applicant is entitled to the remedies sought?

Orders

  • Application dismissed.
  • Costs awarded to the Respondent.

Rules and key headnotes

Caveats — Removal — Requirement for Full Trial
A court will not determine the rightful ownership of land and remove a caveat by way of notice of motion where the facts are disputed and require a full trial of the substantive dispute between the parties.
Caveats — Right to Lodge — Perceived Interest
Under section 139 of the Registration of Titles Act, a person claiming a beneficial interest in land as a beneficiary under a will has a right to lodge a caveat to protect that perceived interest, even where the land is registered in the name of another person.
Testamentary Gifts — Registration in Another's Name
Where a testator purchases property for his children but registers it in the name of one child, and the will indicates the property was purchased for all the children, a beneficiary claiming an interest under the will has an arguable claim that requires determination through ordinary suit.
Set-off — Prematurity — Pending Appeal
A claim for set-off of damages awarded in a related suit is premature where the party seeking set-off has lodged an appeal against the award and the appeal remains pending.

Legislation cited (7)

Full judgment

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Makumbi_v_Mawejje_(Misc_Cause_No._15_of_2022)_[2022]_UGHCLD_229_(1_December_2022)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.