Wakilii

Sheeeba & Anor v Commissioner for Land Registration (Miscellaneous Application No.170 of 2019)

High Court · [2019] UGHCLD 21 · 2019 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for consequential orders arising from dismissed civil suit
Decision
Application granted despite procedural irregularity; caveat and temporary injunction ordered removed from register

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that although the application was irregular because it was brought against the Commissioner for Land Registration who was not a party to the dismissed main suit, the court invoked Article 128(2)(e) of the Constitution to grant substantive justice. The court ordered removal of the caveat and temporary injunction from the register to give effect to the decree dismissing the main suit.

Outcome

Application granted despite procedural irregularity; caveat and temporary injunction ordered removed from register

Facts

The applicants were administrators of the estate of Nathan Kituuse, who had purchased land in Kyadondo Block 65 in 1974. In 2017, Nkambwe Christopher and Nondo Muhamad sued the applicants claiming fraudulent registration, and obtained a temporary injunction and caveat against the land. When the suit came for hearing, the plaintiffs and their counsel failed to appear, and the court dismissed the suit under Order 9 rule 22 of the Civil Procedure Rules. The court decree was silent on the fate of the caveat and temporary injunction. The applicants brought this application seeking consequential orders to remove these encumbrances and obtain vacant possession. The application was brought against the Commissioner for Land Registration, who was not a party to the dismissed suit.

Issues

  1. Whether consequential orders can be granted against a party who was not a party to the main suit.
  2. Whether the court should order removal of a caveat and temporary injunction following dismissal of the main suit.
  3. Whether the application was properly brought by way of miscellaneous application rather than miscellaneous cause.

Orders

  • Order granted for removal of the caveat from the register.
  • Order granted for removal of the temporary injunction from the register against the Respondent.
  • Each party to bear its own costs.

Rules and key headnotes

Civil Procedure — Miscellaneous Applications — Parties to the Application
Miscellaneous applications arising from a main suit can only be brought against parties to the main suit, and bringing such an application against a non-party renders it procedurally irregular.
Civil Procedure — Consequential Orders — Proper Procedure Against Non-Parties
Where consequential orders are sought against a party who was not involved in the main suit, such as the Registrar of Titles or Commissioner for Land Registration, the proper procedure is by way of miscellaneous cause rather than miscellaneous application.
Administrative Law — Substantive Justice — Constitution Article 128(2)(e)
Under Article 128(2)(e) of the Constitution, a court may overlook procedural irregularities and grant substantive justice where no prejudice is caused to the other party and the ends of justice require it.
Civil Procedure — Uncontested Affidavits — Presumption of Acceptance
Where facts are sworn to in an affidavit and the other party does not file a reply or appear to contest them, those facts are presumed to have been accepted.
Civil Procedure — Consequential Orders — Effect of Dismissal of Main Suit
Where a court dismisses a main suit, consequential orders may be granted to give effect to the decree, including orders to remove encumbrances such as caveats and temporary injunctions that were obtained by the unsuccessful party.

Legislation cited (6)

Cases cited (13)

  • Samwiri Massa v Rose Achen [1978] HCB 297
  • Makerere University v St. Mark Education Institute Ltd and Others (1994) KALR 26
  • Eridadi Ahimbisibwe v World Food Programme and Others [1998] KALR 32
  • Kalyesubula Fenekansi v Luwero District Land Board and Others (Miscellaneous Application No. 367 of 2011)
  • Garba vs. University of Maiduguri (1986)1 N.W.L.R. (Pt.18) 550
  • The Registered Trustees of the Apostolic Church vs. Mrs. Emmanuel I. Olowoleni NSC 180/1988
  • Gladys Nyangire Karumu v Mohammed Kaliisa and Another (Miscellaneous Application No. 731 of 2015)
  • Kiir Deng Kiir v The Administrator of the Estate of the Late James Katubale Kagudde Nukasa (Miscellaneous Application No. 67 of 2018)
  • Bassajjabalaba Hides & Skins v Bank of Uganda (Miscellaneous Application No. 738 of 2011)
  • Beeline Travel Care Ltd and Another v Finance Trust Bank and Another (Miscellaneous Application No. 312 of 2018)
  • Ssetuba Misairi v Registrar of Titles (Miscellaneous Cause No. 55 of 2011)
  • Kampama v Registrar of Titles (Miscellaneous Cause No. 12 of 2013)
  • Basajabalaba Hides & Skins v Bank of Uganda and Commissioner for Land Registration (Miscellaneous Application No. 738 of 2011)

Full judgment

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

Sheeeba_&_Anor_Vs_Commissioner_for_Land_Registration_(Miscellaneous_Application_No.170_of_2019)_[2019]_UGHCLD_21_(2_May_2019)
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.