Wakilii

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

High Court · [1993] UGHC 42 · 1993 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application under Section 149 of the Registration of Titles Act for continuation of caveat on land
Decision
Caveat continued pending disposal of Supreme Court appeal or further court order

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 may properly be joined as a party to proceedings under Section 149 of the Registration of Titles Act depending on the circumstances. Where the applicant has equitable interests in property and the registered proprietor is deceased with no obvious legal representative, the caveat should be continued pending final disposal of related appellate proceedings.

Outcome

Caveat continued pending disposal of Supreme Court appeal or further court order

Facts

Uganda Commercial Bank lodged a caveat on 9th April 1984 over land at Mutongo (Plot Nos. 86-91, LRV 790 Folio 4-9). The land had been used as security under a debenture issued by Multi Constructors Ltd to the bank. The company went into receivership and the receivers sold the land to the bank. The registered proprietor, John Montmerency Ayres, instituted HCCS No. 347 of 1991 to recover the lands but the suit was dismissed as time-barred on 26th November 1991. Ayres filed an appeal but died on 9th September 1992 before it was heard. On 16th July 1993, advocates allegedly representing the deceased applied to the Registrar under instrument No. 248288 for notice to remove the caveat under Section 149(2) of the Registration of Titles Act. The Registrar issued the requisite notice on 27th July 1993. The bank then applied to court for an order preventing removal of the caveat.

Issues

  1. Whether the Registrar of Titles should be made a party to proceedings under Section 149 of the Registration of Titles Act.
  2. Whether the caveat lodged by the applicant should be continued pending disposal of an appeal in the Supreme Court.

Orders

  • Caveat 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 be continued pending the final disposal of the appeal filed in the Supreme Court by the late John Montmerency Ayres or until further court order.
  • Registrar of Titles ordered accordingly.
  • Each party to bear its own costs.

Rules and key headnotes

Land Registration — Caveats — Registrar of Titles as Party to Proceedings
In an application under Section 149 of the Registration of Titles Act concerning the removal or continuation of a caveat, it is prudent to make the Registrar of Titles a party to the proceedings, whether alone or in addition to other parties, depending on the facts of each application.
Land Registration — Caveats — Continuation Pending Litigation
Where a caveator has equitable interests in land and the registered proprietor is deceased with no obvious legal representative, a caveat may be continued pending the final disposal of related appellate proceedings to protect the caveator's interests.
Civil Procedure — Chamber Applications — Proper Procedure
An application under Section 149 of the Registration of Titles Act should properly be brought by Chamber Summons and not by Notice of Motion, though the court may exercise discretion where improper procedure is used.

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 42 (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.