Robert Sekitoleko Salongo v The Commissioner Land Registration (Miscellaneous Application No. 1410 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

Held that a beneficiary of a deceased estate has a caveatable interest in land forming part of that estate and may lodge a caveat under Registration of Titles Act s.139 to protect that interest. Where the Commissioner Land Registration issues notice of intention to remove the caveat, the caveator may obtain a court order restraining removal if there is real likelihood the land will be dealt with inconsistently with the caveator's interest. Application granted; caveat preserved pending disposal of the main suit.

Outcome

Caveat preserved by court order pending final disposal of the main suit

Facts

The late Aloni Sakira Katumba was the registered proprietor of land comprised in Bulemezi Block 187 Plot 2 at Kyalubanga. Upon his death, his estate passed to more than 30 children as beneficiaries. On 3 May 1994, one of the beneficiaries, Sakira Katumba, transferred the suit land into his names purportedly as administrator of the estate. On 15 December 1996, the administrator transferred the land into his sole names without consulting the other beneficiaries. The applicant, as customary head of the family, lodged a caveat on 11 January 2006 (Instrument No. BUKS9127) to protect the beneficiaries' interests. The Commissioner Land Registration published a notice in The Observer Newspaper (6-12 July 2022) calling upon the caveator to obtain a court order or the caveat would lapse. The applicant filed Civil Suit No. 665 of 2022 against the administrator and the Commissioner, and brought this application to restrain removal of the caveat.

Issues

1. Whether the caveat lodged on the suit land by the applicant under Instrument Number BUKS9127 should be vacated.

Orders

• The Commissioner, Land Registration is hereby restrained from removing the caveat lodged by Robert Sekitoleko under Bulemezi Block 187 Plot 2 at Kyalubanga, until final disposal of Civil Suit No. 0665 of 2022: Robert Sekitoleko & 2 Others v. Aloni Sakira Katumba & Commissioner, Land Registration, or until further orders of this Court.
• The costs of this application shall abide the outcome of the main suit.

Rules and key headnotes

Legislation cited (4)

• Registration of Titles Act Cap 230 s.139
• Registration of Titles Act Cap 230 s.140(2)
• Registration of Titles Act Cap 230 s.140(3)
• Civil Procedure Act Cap 71 s.98

Cases cited (1)

• Grace Canada Katuna v Commissioner for Land Registration & Anor (Miscellaneous Cause No. 26 of 2020)

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