Wakilii

Tumwine v Isingoma and Another (Misc Cause 131 of 2019)

High Court · [2021] UGHCLD 476 · 2021 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to remove caveat lodged on applicant's registered leasehold title
Decision
Caveat maintained pending proof that prior appellate judgment in favour of caveator was overturned or set aside

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application dismissed. The court found that the applicant, though registered proprietor of the suit land, failed to disclose the existence of prior litigation between the parties including a High Court appellate judgment in favour of the 1st respondent dated 13 July 2013. The caveat lodged in 2017 may have reasonable cause given this undisclosed judgment. The court ordered the caveat maintained until the applicant provides documentary evidence that the appellate judgment was overturned or set aside within 30 days.

Outcome

Caveat maintained pending proof that prior appellate judgment in favour of caveator was overturned or set aside

Facts

The applicant is the registered proprietor of Leasehold Register Volume KCCA 180 Folio 2 Plot Number 15 Nakawa Division Blacklege Road, Kampala District, having been granted a 39-year lease with effect from 1 May 2009 by Kampala District Land Board. In May 2019, when commencing development plans, the applicant discovered that the 1st respondent had lodged a caveat on 5 June 2017 under Instrument Number KCCA-00039393. The applicant claimed the 1st respondent had no interest in the land and sought removal of the caveat and compensation. The 1st respondent did not file a defence. Upon the court's order for a search statement, it was revealed that the 1st respondent had filed an affidavit referring to Civil Suit No. 0009/2017 where judgment favoured the applicant, and Civil Appeal No. 49/2008 where judgment on 13 July 2013 favoured the 1st respondent. The applicant had not disclosed this prior litigation in his application.

Issues

  1. Whether the caveat lodged by the 1st Respondent on the applicant's leasehold title should be removed or vacated.
  2. Whether the 1st Respondent had reasonable cause to lodge the caveat.
  3. Whether the applicant is entitled to compensation or damages for the lodgment of the caveat.

Orders

  • Application dismissed.
  • Caveat lodged by the 1st Respondent on the Certificate of Title of the land comprised in Leasehold Register Volume KCCA 180 Folio 2 Plot Number 15 Nakawa Division Block Blacklege Road, Kampala District under Instrument Number KCCA-00039393 to be maintained until the Applicant avails documentary evidence that the High Court judgment/decree on appeal by the 1st Respondent was overturned or set aside within a period of 30 days from the date of this ruling.
  • No order as to costs.

Rules and key headnotes

Caveats — Validity — Requirement of Protectable Interest
For a caveat to be valid, the caveator must have a protectable interest, legal or equitable, to be protected by the caveat; otherwise the caveat would be invalid.
Caveats — Reasonable Cause — Distinction from Caveatable Interest
The fact that a caveator has a caveatable interest does not in itself mean that he or she had reasonable cause to lodge the caveat; conversely, the fact that a caveator had no caveatable interest does not necessarily mean that he or she had no reasonable grounds to enter the caveat. The reasonableness or lack of it to lodge a caveat is a question of fact to be determined in the circumstances of each case.
Duty of Disclosure — Material Non-Disclosure in Applications
An applicant seeking removal of a caveat has a duty to disclose all material facts including prior litigation between the parties. Failure to disclose the existence of a prior appellate judgment in favour of the caveator raises valid concerns that the caveator may have reasonable cause to have lodged the caveat.
Caveats — Removal — Court's Discretion Where Prior Judgment Exists
Where a caveat is lodged following an appellate judgment in favour of the caveator and it is not clear whether that judgment has been overturned or set aside, any ruling affecting such a judgment is premature and misplaced. The court may maintain the caveat pending proof that the prior judgment was overturned or set aside.

Legislation cited (7)

Cases cited (6)

  • Eridadi Ahimbisibwe v World Food Programme [1998] IV KALR 32
  • Sentongo Produce V Coffee Farmers Limited & Anor vs Rose Nakafuma Muviisa HCMC 690/99
  • Hunter Investments Ltd v Simon Lwanyanga & Another (Miscellaneous Cause No. 34 of 2012)
  • Hooke vs Holland (1984) WAR 167
  • Kuper & Kuper Vs West Construction Pyt Ltd (1990) 3 WL 419
  • Boynes Vs Gathure (1969) EA 385

Full judgment

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

Tumwine_v_Isingoma_and_Another_(Misc_Cause_131_of_2019)_[2021]_UGHCLD_476_(5_November_2021)
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.