Wakilii

Musisi v Kazibwe and Another (Misc Cause 89 of 2022)

High Court · [2023] UGHCLD 174 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for removal of caveat lodged on registered land
Decision
Caveat vacated; registered proprietor may now deal with the land

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where a caveator lodges a caveat on registered land but takes no steps to establish his claim for 15 years, the court will order removal of the caveat. Caveats are intended to give temporary protection to enable the caveator to prove his interest, not to remain on the register indefinitely. Application granted and caveat vacated.

Outcome

Caveat vacated; registered proprietor may now deal with the land

Facts

The applicant is the registered proprietor of land comprised in Kibuga Block 5 Plot 1000 at Mulago, having been registered on 8 July 2008. On 31 July 2008, the 1st Respondent lodged a caveat on the land. The 2nd Respondent (Commissioner Land Registration) informed the applicant by letter dated 22 June 2022 that the caveat could not be lapsed because it was a beneficiary's caveat. The applicant sought to deal with the land but could not do so due to the caveat. He therefore filed this application for removal of the caveat. The 1st Respondent was served by substituted service but neither filed an affidavit in reply nor appeared in court. After lodging the caveat nearly 15 years earlier, the 1st Respondent took no further steps to establish his claim.

Issues

  1. Whether the caveat lodged by the 1st Respondent on the land comprised in Kibuga Block 5 Plot 1000 at Mulago can be vacated.

Orders

  • Application granted.
  • The caveat lodged on land comprised in Kibuga Block 5 Plot 1000 at Mulago by Kazibwe Amos Sajja is vacated.
  • Applicant to meet his own costs.

Rules and key headnotes

Caveats — Removal — Failure to prosecute claim
Where a caveator lodges a caveat on registered land but fails to take any steps to establish his claim for a period of 15 years, the court will order removal of the caveat to enable the registered proprietor to deal with the land.
Caveats — Purpose and duration — Temporary protection
Caveats are intended to give temporary protection to the caveator to enable him or her to take necessary steps to establish his or her claim on the land. They are not intended to remain on the register indefinitely.
Caveats — Non-appearance of caveator — Exparte order
Under section 140 of the Registration of Titles Act, where the caveator has been duly summoned but fails to appear or file an affidavit in reply, the court may make an order exparte for removal of the caveat.

Legislation cited (4)

Full judgment

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

Musisi_v_Kazibwe_and_Another_(Misc_Cause_89_of_2022)_[2023]_UGHCLD_174_(5_July_2023)
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.