Wakilii

Tumubweinee and 5 Others v Kiggundu (Civil Suit 96 of 2023)

High Court · [2023] UGHC 120 · 2023 Counterclaim Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Counterclaim following withdrawal of main suit by plaintiff/counterdefendant
Decision
Caveat lifted in favour of counterclaimants who are registered proprietors of the land

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Court granted the counterclaim after the counterdefendant withdrew the main suit and failed to file a response to the counterclaim. The counterdefendant's failure to respond was treated as admission of the counterclaim. The court ordered lifting of the caveat lodged on Freehold Register Volume MKO 2202 Folio 21 Plot 822 Block 100 Land at Naatogonya II, which land was registered in the counterclaimants' names. Costs awarded to the counterclaimants.

Outcome

Caveat lifted in favour of counterclaimants who are registered proprietors of the land

Facts

The counterdefendant filed Civil Suit No. 96 of 2023 against the counterclaimants seeking declaratory orders, permanent injunction, eviction order, and damages. The counterclaimants filed a written statement of defence with a counterclaim on 26 May 2023 seeking lifting of a caveat lodged by the counterdefendant on land at Bugerere Block 100 Plot 822 at Naatogonya II vide Instrument No MKO-00-142836 lodged on 24 February 2023. The counterclaim was served on the counterdefendant's counsel on 16 June 2023. On 6 November 2023, counsel holding brief for the counterdefendant's counsel withdrew Civil Suit No. 96 of 2023 with costs to the counterclaimants. The counterdefendant did not file a response to the counterclaim. The land in question comprises 143.3460 hectares registered as Freehold Register Volume MKO 2202 Folio 21 Plot 822 Block 100 Land at Naatogonya II in the names of the counterclaimants on 22 August 2022 vide Instrument No MKO 00131311.

Issues

  1. Whether the caveat lodged by the counterdefendant on land at Bugerere Block 100 Plot 822 should be lifted.

Orders

  • Caveat on land at Freehold Register Volume MKO 2202 Folio 21 Plot 822 Block 100 Land at Naatogonya II lodged on 24th February 2023 vide Instrument No MKO-00142836 is lifted.
  • Costs of the counterclaim awarded to the counterclaimants.

Rules and key headnotes

Civil Procedure — Counterclaims — Effect of Failure to Respond — Admission
Where a counterdefendant is duly served with a counterclaim but fails to file a response, the court may treat the failure as an admission of the contents of the counterclaim.
Land & Property — Caveats — Lifting of Caveat — Registered Proprietorship
A court will order the lifting of a caveat where the land in question is registered in the names of the counterclaimants and the counterdefendant who lodged the caveat has failed to respond to the counterclaim seeking its removal.

Cases cited (1)

  • Murad Samnani and Another v Salim Jiwani (Commercial Court Miscellaneous Application No. 841 of 2016)

Full judgment

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Tumubweinee and 5 Others v Kiggundu (Civil Suit 96 of 2023) [2023] UGHC 120 (8 November 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.