[2009] UGHC 112

[2009] UGHC 112

The court found that the applicant had a valid cause for lodging the caveat, as its interest in the land was supported by unchallenged affidavit evidence. The respondent, having failed to contest the application, is deemed to have conceded to the applicant's claims. The court exercised its discretion under section...

Source-derived case information.

Citation
[2009] UGHC 112
Parties
Applicant: East Mengo Growers Cooperative Union Ltd; Respondent: The Registrar of Titles
Court
High Court of Uganda
Jurisdiction
Uganda
Case Number
Miscellaneous Cause No.48 of 2009
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application allowed
Legal Topics
Caveats, Land Registration, Injunctive Relief
Source Language
en
Land and Property Civil Procedure Caveats Land Registration Injunctive Relief

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Parties

East Mengo Growers Cooperative Union Ltd

Applicant

The Registrar of Titles

Respondent

Procedural Posture

Miscellaneous Application / Ruling

  1. 1 Whether the applicant's caveat on Kyadondo Block 265 Plot 6204 should be maintained until the determination of the parties' interests by court.
  2. 2 Whether the applicant is entitled to costs of the application.

Ratio Decidendi

The court found that the applicant had a valid cause for lodging the caveat, as its interest in the land was supported by unchallenged affidavit evidence. The respondent, having failed to contest the application, is deemed to have conceded to the applicant's claims. The court exercised its discretion under section 140(3) of the Registration of Titles Act to protect the applicant's interest by ordering the Registrar not to remove the caveat until the determination of Civil Suit No. 23 of 2007. The court also noted that the applicant's actions were justified given the fraudulent transfers and subdivisions of the land in question. Costs were ordered to be met by the applicant, as sought in...

Court Disposition

application allowed

Orders

  • The applicant's caveat on Kyadondo Block 265 Plot 6204 shall not be removed by the Registrar until the interest of the parties is determined by court.
  • Costs of this application shall be met by the applicant.