Wakilii

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

High Court · [2023] UGHCCD 55 · 2023 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for removal of caveats under Section 33 of the Judicature Act, Section 98 of the Civil Procedure Act, Section 140 of the Registration of Titles Act, and Order 52 rules 1 and 2 of the Civil Procedure Rules
Decision
Application dismissed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the applicants failed to discharge the burden of proving the existence of the caveats they sought to have removed. Under Section 101 of the Evidence Act, a party alleging a fact must prove it. The existence of a caveat must be proved by producing a copy of the caveat or a search report; mere allegation is insufficient. Application dismissed with no order as to costs.

Outcome

Application dismissed

Facts

The applicants, beneficiaries of the estate of the late Yosia Kamuhigi, sought removal of caveats allegedly lodged on land comprised in Burahya, Block 126, Plot 7, Land at Kyarukegeta, Kabarole District. The applicants contended that the respondent and other deceased family members had lodged caveats preventing them from obtaining title to their allocated shares under the estate inventory. The estate had been under administration for approximately 30 years with several executors and administrators dying before distributing it. The administrators had filed an inventory and executed transfer and mutation forms in favour of beneficiaries, but the alleged caveats prevented registration. 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

Land & Property — Caveats — Removal — Burden of Proof
A party seeking removal of a caveat under Section 140 of the Registration of Titles Act bears the burden of proving the existence of the caveat by producing a copy of the caveat or a search report detailing its lodgment; mere allegation of a caveat's existence is insufficient.
Evidence — Burden of Proof — Whoever Alleges Must Prove
Under Section 101 of the Evidence Act, whoever alleges a fact bears the burden to prove it, and failure to discharge this burden through supporting evidence results in failure of the claim.
Land & Property — Caveats — Purpose and Duration
Caveats are intended to offer temporary protection to the caveator while pursuing claims against the registered proprietor or other persons claiming interests in the registered land; they are not meant to last forever and the caveator is required to bring an ordinary action without undue delay to determine competing rights.

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 Katumba and Another v Muhumuza (Misc Cause No. 5 of 2020) [2023] UGHCCD 55 (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.