Wakilii

Namuteete v Ndiwalana (Miscellaneous Application 752 of 2023)

High Court · [2023] UGHCLD 228 · 2023 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of ruling arising from Miscellaneous Cause No. 70 of 2023 concerning removal of caveat on land
Decision
Application for review granted; caveat removed; respondent found in contempt and ordered to pay UGX 20,000,000

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that where an earlier application was stood over pending an appeal, and that appeal was subsequently dismissed without addressing the merits of the stood-over application, the court was under obligation to determine the application. The court found an error apparent on the record in failing to resolve the prayers sought. Where a party has been declared the lawful owner of land and the opposing party declared a trespasser, the trespasser cannot sustain a caveat on that land under the Registration of Titles Act s.139(1). The court granted the review application, ordered removal of the caveat, and imposed a fine for contempt of court orders.

Outcome

Application for review granted; caveat removed; respondent found in contempt and ordered to pay UGX 20,000,000

Facts

The applicant obtained judgment declaring him lawful owner of land comprised in Busiro Block 542 plots 24 & 25 in Civil Suit No. 32 of 2020, with the respondent declared a trespasser. The respondent disobeyed the decree by selling the suit land and was found in contempt in Miscellaneous Application No. 154 of 2022. The respondent then lodged a caveat on the suit land. The applicant instituted Miscellaneous Cause No. 70 of 2023 seeking removal of the caveat. The High Court stood over that application pending determination of Civil Appeal No. 72 of 2022. When the appeal was subsequently dismissed on 17 April 2023, the court did not address the merits of the stood-over application concerning caveat removal. The applicant brought this review application seeking orders that the court's earlier ruling be reviewed for error apparent on the face of the record and that the unresolved prayers be determined. The respondent was served but did not file a reply.

Issues

  1. Whether there is justification for a review of the orders of the court in Miscellaneous Cause No. 70 of 2023.
  2. Whether there is an error apparent on the face of the record warranting review.
  3. Whether the respondent's caveat on land comprised in Busiro Block 542 plots 24 & 25 should be removed.
  4. Whether the respondent should be held in contempt of court orders.

Orders

  • The caveats lodged by the respondent on land comprised in Busiro Block 542 plots 24 & 25 be vacated immediately.
  • The respondent is ordered to pay UGX 20,000,000/= for contempt of court orders.
  • No orders as to costs.

Rules and key headnotes

Civil Procedure — Review of Court Orders — Grounds for Review — Error Apparent on Face of Record
A court has jurisdiction to review its own orders where there is an error apparent on the face of the record. Where a court stands over an application pending determination of an appeal and that appeal is subsequently dismissed without addressing the merits of the stood-over application, leaving the prayers unresolved, the court is under obligation to deal with the merits of the application.
Civil Procedure — Review — Test for Review under Section 82 Civil Procedure Act and Order 46
For an applicant to succeed in a claim for review, the applicant must show: (a) discovery of new and important matter of evidence previously overlooked by excusable misfortune; or (b) discovery of some error or mistake apparent on the face of the record; or (c) that review ought to be made for any other sufficient reason, which must be of a kind analogous to the first two grounds.
Land & Property — Caveats — Requirement of Caveatable Interest — Effect of Declaration of Trespass
For a caveat to be valid under the Registration of Titles Act s.139(1), the caveator must have a caveatable interest, legal or equitable, in the land. Where a party has been declared by a court of competent jurisdiction to be a trespasser on land with no lawful interest therein, and that declaration remains undischarged by appeal or setting aside, such party has no caveatable interest and cannot sustain a caveat on the land.
Civil Procedure — Contempt of Court — Disobedience of Court Orders — Duty to Comply
A party who fails to comply with a court order without proper explanation does so at his or her own peril. Whether unclear, null, or irregular, a party cannot afford or be permitted to disobey an order for as long as it remains undischarged. Courts frown upon any acts in violation of their orders.

Legislation cited (8)

Cases cited (6)

  • Re: Nakhrubo Chemists (U) Ltd [1979] HCB 12
  • Yusufu v Nokorach [1971] EA 104
  • Sseriranga Gerald v Mutebi Innocent (HCMA No. 087 of 2016)
  • Sentongo Produce & Coffee Farmers Ltd v Rose Nakafuma Muggise (HCMA No. 690 of 1999)
  • Hunter Investments Ltd v Livinganga & Anor (HCMC No. 0034 of 2012)
  • Attorney General v Kiruhura District Local Government & 2 Others (HCMA No. 35 of 2012)

Full judgment

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

Namuteete_v_Ndiwalana_(Miscellaneous_Application_752_of_2023)_[2023]_UGHCLD_228_(4_August_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.