Wakilii

Sewanonda and Another v Muhumuza (Misc Cause No. 5 of 2020)

High Court · [2023] UGHCLD 91 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for removal of caveats to enable distribution of estate and transfer of land
Decision
Application dismissed for failure to prove existence of alleged caveats

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

An application to remove caveats allegedly lodged on estate land was dismissed where the applicants failed to prove the existence of the caveats. The court held that mere allegation of caveat lodgment is insufficient; proof by production of the caveat itself or a search report is required. Under section 101 of the Evidence Act, the party alleging a fact bears the burden to prove it.

Outcome

Application dismissed for failure to prove existence of alleged caveats

Facts

The applicants, beneficiaries of the estate of the late Yosia Kamuhigi, sought removal of caveats allegedly lodged by the respondent and other deceased family members on land comprised in Burahya, Block 126, Plot 7, Kyarukegeta, Kabarole District. The applicants claimed the estate had been administered for 30 years by various executors and administrators who died without distributing it. They alleged that administrators had filed an inventory and executed transfer forms in favour of beneficiaries, but the alleged caveats prevented title from passing. The respondent was served by substituted service through newspaper advertisement but did not appear. The court proceeded ex parte.

Issues

  1. Whether the caveats lodged by the Respondent on land comprised in Burahya, Block 126, Plot 7, Land at Kyarukegeta, Kabarole District should be removed and or lifted.
  2. What remedies are available to the parties.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Caveats — Removal — Burden of Proof — Evidence Required
An applicant seeking removal of a caveat must prove the existence of the caveat by producing a copy of the caveat or a search report detailing its lodgment; mere allegation that a caveat was lodged is insufficient.
Burden of Proof — Allegation of Facts
Under section 101 of the Evidence Act, whoever alleges a fact bears the burden to prove it.
Caveats — Purpose and Duration — Temporary Protection
Caveats are not meant to last forever but to offer temporary protection to the caveator while pursuing a claim; the caveator is required to bring an ordinary action without undue delay to determine rights and obtain a permanent solution.

Legislation cited (6)

Cases cited (2)

  • Nakabuye Agnes v Martin Strokes and Another (Miscellaneous Cause No. 38 of 2021)
  • Rutungu Properties Ltd v Linda Harriet Carrington and Another (Court of Appeal Civil Appeal No. 61 of 2010)

Full judgment

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

Sewanonda_and_Another_v_Muhumuza_(Misc_Cause_No._5_of_2020)_[2023]_UGHCLD_91_(6_March_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.