Tabitha Atai Papi v Remia Asina (Miscellaneous Cause No. 001 of 2022)

Observed later treatment

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

The High Court declined to exercise jurisdiction over an application to vacate a caveat, holding that the Commissioner Land Registration has the power under the Registration of Titles Act to remove caveats and directing that the matter be filed with that office instead.

Outcome

Application dismissed on jurisdictional grounds; applicant directed to file matter with Commissioner Land Registration

Facts

The applicant sought orders to vacate a caveat (instrument No. KCCA 00027567) dated 2 May 2016 that had been lodged by the respondent on land comprised in Kyadondo Block 244 plot 7370. The application was brought under the Registration of Titles Act sections 140, 142 and 188, the Judicature Act section 33, the Civil Procedure Act section 98, and the Civil Procedure Rules Order 52. The respondent was unrepresented at the hearing.

Issues

1. Whether the High Court has jurisdiction to remove a caveat lodged under the Registration of Titles Act.
2. Whether the application should be filed with the Commissioner Land Registration rather than determined by the High Court.

Orders

• Matter to be filed with the Commissioner Land Registration who has the power under the RTA to remove caveats.

Rules and key headnotes

Legislation cited (8)

• Registration of Titles Act s.140
• Registration of Titles Act s.142
• Registration of Titles Act s.188
• Judicature Act s.33
• Civil Procedure Act s.98
• Civil Procedure Rules Order 52 r.1
• Civil Procedure Rules Order 52 r.2
• Civil Procedure Rules Order 52 r.3

Cases citing this judgment (3)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Finance and Allied Workers Union v Housing Finance Bank Limited (Misc Cause 1 of 2022)
• Kiiza v Kasese District Local Government Council and 3 Others (Miscellaneous Application No. 55 of 2022)
• In the Matter of an Application for an Order differing the convening of the 27th Annual General Meeting of Mpanga Growers Tea Factory for the year ending 31st december 20021 by Kagaba (being a Directo

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