Wakilii

Robinah Tabamune v The Commissioner Land Registration (Miscellaneous Cause No. 114 of 2025)

High Court · [2026] UGHCLD 4 · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to High Court Land Division for removal of caveat lodged by deceased registered proprietor
Decision
Caveat ordered removed; application granted

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that a caveat lodged by a deceased registered proprietor may be removed by the Commissioner Land Registration where the caveator's interest in the land ceased before death. Where the deceased executed a donation agreement and transfer forms relinquishing his interest in the suit land to the applicant before his death, the caveat ceased to serve its purpose and became redundant under Registration of Titles Act s.129, warranting removal without requiring joinder of the deceased's estate executors.

Outcome

Caveat ordered removed; application granted

Facts

The applicant married Jackson Musoke in 1961. On 16 January 2018, Musoke executed a donation agreement transferring land comprised in Kyadondo Block 210 Plot 162 to the applicant. On 25 January 2018, he executed transfer instruments for the same land. On 10 May 2018, he made a last will reiterating the donation. Musoke died on 5 August 2018. A caveat he had lodged on the suit land on 31 March 1995 under Instrument No. KLA 172339 remained on the register. The applicant obtained forensic analysis confirming the authenticity of the donation agreement, transfer forms, and will. The applicant's biological children supported the application. The applicant sought removal of the caveat by the Commissioner Land Registration.

Issues

  1. Whether the caveat entered on land comprised in Kyadondo Block 210 Plot 162 under Instrument No. KLA 172339, which ceased to affect the interest of the deceased caveator, should be removed by the Respondent.

Orders

  • The Respondent to remove the caveat lodged on land comprised in Kyadondo Block 210 Plot 162 measuring 0.43 hectares situate at Kyebando under Instrument No. KLA 172339.
  • No orders as to costs.

Rules and key headnotes

Land Registration — Caveats — Removal by Registrar — Deceased Caveator
Where a caveator dies, the Commissioner Land Registration has power under Registration of Titles Act s.129 to remove a caveat that has ceased to affect the land or the caveator's interest, without requiring the caveator's personal action or joinder of the estate's legal representatives.
Land Registration — Caveats — Cessation of Interest — Donation and Transfer
A caveat ceases to protect a caveator's interest where the caveator executes a donation agreement and transfer forms relinquishing all interest in the land before death, rendering the caveat redundant regardless of when it was originally lodged.
Estate Property — Donated Property — Exclusion from Estate
Property donated by a deceased person during their lifetime through executed donation agreements and transfer forms does not form part of the deceased's estate at the time of death, even if erroneously included in a subsequent will.
Land Registration — Caveat Removal — Joinder of Estate Representatives — Distinguishing Principle
The principle requiring joinder of a deceased caveator's legal representatives in caveat removal applications applies only where the land subject to the caveat remains part of the deceased's estate; it does not apply where the deceased relinquished interest in the land before death through donation and transfer.

Legislation cited (13)

Cases cited (1)

Full judgment

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Robinah_Tabamune_v_The_Commissioner_Land_Registration_(Miscellaneous_Cause_No._114_of_2025)_[2026]_UGHCLD_4_(2_January_2026)
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.