Namigadde Prossy v Commissioner Land Registration (Miscellaneous Application No. 2524 of 2024; Miscellaneous Cause No. 023 of 2022)

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

The court granted a consequential order directing the Commissioner Land Registration to remove a caveat lodged by the Administrator General on the applicant's land. The caveat was to be removed because the Administrator General failed to comply with an earlier court order requiring the filing of a suit within 90 days to show cause why the caveat should not be vacated. The court held that in the absence of compliance with the condition, the caveat could no longer stand and ought to be removed forthwith.

Outcome

Caveat ordered to be removed from the land register

Facts

The applicant is the registered proprietor of land at Buye comprised in Kyadondo Block 216 Plot 3194. In January 2022, she discovered that the Administrator General had lodged a caveat on 21 May 2021 under instrument number KCCA-00081033 claiming an interest on behalf of beneficiaries of the late Cissy Bukirwa. The applicant filed Miscellaneous Cause No. 023 of 2022 seeking removal of the caveat. On 6 December 2023, the court ordered the Administrator General to file a suit within 90 days showing cause why the caveat should not be vacated, failing which the court would proceed to vacate it. Neither the Administrator General nor the beneficiaries filed any suit as directed. The applicant then brought this application seeking a consequential order to remove the caveat.

Issues

1. Whether the applicant is entitled to the consequential order sought for removal of the caveat.

Orders

• A consequential order is hereby issued directing the Respondent to remove/vacate the caveat on the certificate of title of land situate at Buye and comprised in Kyadondo Block 216 Plot 3194 under Instrument No. KCCA-00081033.
• No orders as to costs.

Rules and key headnotes

Legislation cited (7)

• Judicature Act s.14
• Judicature Act s.33
• Judicature Act s.37
• Civil Procedure Act s.34
• Civil Procedure Act s.98
• Civil Procedure Rules O.52 r.1
• Civil Procedure Rules O.52 r.2

Cases cited (1)

• Kalibbala & Anor v Attorney General (Miscellaneous Application No. 70 of 2015)

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