Wakilii

Uganda Commercial Bank v Registrar of Titles (Miscellaneous Civil Application 117 of 1993)

High Court · [1993] UGHC 43 · 1993 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by notice of motion under Section 149 of the Registration of Titles Act to prevent removal of caveat lodged on registered land
Decision
Caveat maintained pending appeal

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that the Registrar of Titles was properly made a party to the application under Section 149 of the Registration of Titles Act. The applicant had equitable interests in the suit property following dismissal of the proprietor's suit as time-barred. The caveat should be maintained pending final disposal of the appeal in the Supreme Court. Each party to bear own costs.

Outcome

Caveat maintained pending appeal

Facts

Uganda Commercial Bank lodged a caveat on land comprised in LRV 790 Folio 3-10 (Plot Nos. 86-92 at Mutongo) on 9th April 1984. The registered proprietor John Montmorency Ayres had contracted with Multi Constructors Ltd to construct six houses on the land. Multi Constructors issued a debenture to UCB in 1969 and subsequently went into receivership after defaulting. UCB's receivers and managers sold the lands to UCB as security under the debenture. The proprietor instituted HCCS No. 347 of 1991 against UCB to recover the lands but the suit was dismissed on 26th November 1991 as time-barred under Section 6 of the Limitation Act. The proprietor filed an appeal but died on 9th September 1992 before the appeal was heard. On 16th July 1993, advocates allegedly acting for the deceased applied to the Registrar of Titles for removal of UCB's caveat under Section 149(2) of the Registration of Titles Act. The Registrar issued notice on 27th July 1993 requiring UCB to remove the caveat. UCB then brought this application to prevent removal of the caveat.

Issues

  1. Whether the respondent Registrar of Titles was properly made a party to the application under Section 149 of the Registration of Titles Act.
  2. Whether the caveat lodged by the applicant on the suit property should be maintained pending disposal of an appeal filed in the Supreme Court.

Orders

  • The caveat lodged by the applicant (registered as instrument No. 218552 of 9th April, 1984 on Plot Nos. 86-91 on land at Mutongo LRV 790 Folio 4, 5, 6, 7, 8 and 9) is to be continued (delayed) pending the final disposal of the appeal filed in the Supreme Court by the late John Montmorency Ayres or until further court order.
  • The respondent (Registrar of Titles) is ordered accordingly.
  • Each party to bear its own costs.

Rules and key headnotes

Caveats — Registrar of Titles as party to Section 149 applications
In an application under Section 149 of the Registration of Titles Act, it is prudent to make the Registrar of Titles a party whether alone or in addition to other parties depending on the facts of each application.
Caveats — Maintenance pending appeal
Where a caveat has been lodged by a party with equitable interests in property and an appeal is pending, the caveat may be maintained until final disposal of the appeal.
Procedure — Chamber summons versus notice of motion
An application under Section 149 of the Registration of Titles Act should be by Chamber Summons and not by Notice of Motion, though improper procedure may not be fatal where the court is satisfied the relief is proper in the circumstances.

Legislation cited (5)

Cases cited (2)

  • Lone v Patel [1968] EA 606
  • Teja Singh v Isher Singh [1957] EA 655

Full judgment

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

Uganda Commercial Bank v Registrar of Titles (Miscellaneous Civil Application 117 of 1993) [1993] UGHC 43 (27 September 1993)
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.