Nabukalu A.K.A Betty Nabukalu v Najjuma and Another (Miscellaneous Cause No. I24 of 2024)

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

Where co-proprietors of land registered in their joint names have agreed to subdivide the property and one party applies for court orders to effect the subdivision, the court will grant the application if the agreement is established and there is no opposition. Failure to file an affidavit in reply leaves the applicant's averments uncontroverted and accepted.

Outcome

Application granted with orders for subdivision of jointly registered land and creation of separate certificate of title for applicant

Facts

The applicant and the first and second respondents are beneficiaries of the estate of their late mother Juliana Nalumansi. By a Will dated 2 October 2003, the deceased bequeathed land measuring 0.12 hectares at Kisugu (Kyadondo Block 244 Plot 4400) to the three beneficiaries in equal shares. The land was registered in their joint names on 28 April 2010 following Administration Cause HCT-00-CV-AC-823 of 2008. The parties agreed to demarcate and separate each one's interest physically on the ground in equal proportions. The certificate of title was in the custody of the second respondent. The applicant sought court orders to effect the subdivision, as the second respondent declined to surrender the certificate. The respondents did not file any reply to the application.

Issues

1. Whether the application discloses sufficient grounds to grant the subdivision of the suit plot.

Orders

• Application granted.
• Certificate of Title for land comprised in Mengo Kyadondo Block 244 Plot 4400 land at Kisugu to be subdivided to create a separate interest for the applicant.
• A separate Certificate of Title for the applicant to be created, processed and registered in the names of the applicant.
• The 2nd respondent ordered to surrender the Duplicate Certificate of Title for Kyadondo Block 244 Plot 4400 land at Kisugu to the 3rd Respondent to enable implementation.
• The respondents ordered to sign mutation forms, transfer forms and all necessary documents in favour of the applicant required to subdivide and process Certificate of Title.
• An Order granted to the Commissioner Land Registration to effect subdivision and creation of the Certificate of Title for the Applicant's interest.
• No order as to costs.

Rules and key headnotes

Legislation cited (5)

• Civil Procedure Act Cap 282 s.98
• Civil Procedure Rules SI 71-1 Order 51 rule 1
• Civil Procedure Rules SI 71-1 Order 51 rule 2
• Civil Procedure Rules Order 12 rule 3(2)
• Civil Procedure Rules Order 51 rule 4

Cases cited (2)

• David Lubuuka v Fred Joel Nsobya (Miscellaneous Application No. 358 of 2016)
• Gandesha and Another v G. J. Lutaaya (Supreme Court Civil Appeal No. 14 of 1989)

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