[2015] UGHCLD 62
The court found that the applicant is the registered proprietor of the suit land and that the respondent failed to appear or provide any justification for the caveat. The law requires that a caveat must be supported by a legitimate claim or interest, and it is not intended to be a perpetual encumbrance. Since the...
Source-derived case information.
- Citation
- [2015] UGHCLD 62
- Parties
- Applicant: Kalibbala Victoria; Respondent: Florence Adholla
- Court
- HC: Land Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Miscellaneous Cause No. 28of 2014
- Procedural Posture
- Miscellaneous Cause / Ruling
- Outcome
- application granted
- Judges
- Luswata, J
- Legal Topics
- Removal of Caveat, Registered Proprietor Rights, Land Encumbrances
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kalibbala Victoria
Applicant
Florence Adholla
Respondent
Procedural Posture
Miscellaneous Cause / Ruling
Legal Issues
- 1 Whether the caveat lodged by the respondent against the applicant's land should be removed.
- 2 Whether the respondent has any valid claim or interest justifying the maintenance of the caveat.
Ratio Decidendi
The court found that the applicant is the registered proprietor of the suit land and that the respondent failed to appear or provide any justification for the caveat. The law requires that a caveat must be supported by a legitimate claim or interest, and it is not intended to be a perpetual encumbrance. Since the respondent did not contest the application or demonstrate any interest requiring protection, the continued existence of the caveat would unjustly inconvenience the registered owner. The court, therefore, ordered the removal of the caveat and awarded costs to the applicant.
Court Disposition
application granted
Orders
- The caveat of the respondent on the applicant's Certificate of Title of land comprised in Kibuga Block 16 Plot 892 at Lubaga is to be removed with immediate effect.
- The respondent is to meet the costs of this application.
Full Case Text
Judgment text and source record
20 paragraphs
**THE REPUBLIC OF UGANDA**
**IN THE HIGH OF UGANDA AT KAMPALA**
**LAND DIVISION**
**MISCELLANEOUS CAUSE NO. 28OF 2014**
**KALIBBALA VICTORIA……………………………………………………. APPLICANT**
**VERSUS**
**FLORENCE ADHOLLA…………………………………………………. RESPONDENT**
**RULING**
**BEFORE HON. LADY JUSTICE EVA K. LUSWATA**
The applicant proceeded under the provisions of Section 140 and 188 RTA Cap 230, Section 33 Judicature Act Cap 14, Section 98 CPA and Order 52 rule 1 CPR SI 71-1 to seek orders that the caveat lodged against her land comprised in Kibuga Block 16 Plot 892 at Lubaga (hereinafter referred to as the suit land) be removed. She in addition sought costs of the application.
The motion was supported by a brief affidavit of the applicant Marie Kalibbala in which she stated that she is the registered proprietor of the suit land on which the respondent placed a caveat without any colour of claim or right. On 15/10/14 I allowed Tendo Kabenge the applicant's lawyer, to effect service upon the respondent through substituted means which he did through the New Vision Newspaper of 5/12/14 and an affidavit of service filed to that effect. *Exparte* proceedings were thereby allowed on12/12/14 after the Court was satisfied that the respondent had after substituted service exempted herself from court. Counsel Kabenge requested court to rely on the proceedings to make a final ruling on the matter.
In support of the application, the applicant provided a copy of the certificate of title confirming her registration under Instrument No. KLA 222666 of 21/2/01. That evidence was complimented by a research report dated 8/10/13 which showed that the caveat was lodged as an encumbrance on the suit land as Instrument No. KLA 247564 of 13/3/03. In my view, such evidence was sufficient to merit my consideration of the orders being sought.
I have confirmed that the respondent did not file an affidavit in reply to contest the application. She therefore voluntarily such placed herself outside these proceedings and according to the authority of **Wasswa Vs Achen (1978) HCB 297** I make the presumption that the facts in the application are accepted and therefore that the respondent has no objection to the prayers being sought.
According to the pleadings, the caveat which is the basis of this application was lodged under S.140 (11) RTA now S.139 (1) RTA which provides as follows:-
*“Any beneficiary or other person claiming any estate or interest in land under the operation of this Act … may lodge a caveat with the registrar …forbidding the registration of any person as transferee or proprietor of and of any instrument affecting that estate or interest until after notice of the intended registration or dealing is given to the caveator, or unless the instrument is expressed to be subject to the claim of the caveator as is required in the caveat, or unless the caveator consents in writing to the registration.”*
Nothing was put before this court to show why the respondent lodged the caveat and therefore the court cannot know the basis of the respondent's alleged interest and whether it needs to be protected by the caveat remaining on the land. However, I hasten to add that caveats are not to remain as encumbrances on land in perpetuity. It was incumbent upon the respondent to appear in court to contest its removal by justifying its presence on the suit land. She did not do so and this court cannot allow a registered owner of land to suffer continuous inconvenience and loss by such an encumbrance. I thereby find no reason to deny the application and accordingly make an order directed to the Commissioner, Land Registration to the effect that, the caveat of the respondent on the applicant's Certificate of Title of land comprised in Kibuga Block 16 Plot 892 at Lubaga be removed with immediate effect. In addition I order that the respondent meets the costs of this application.
I so order.
**EVA K. LUSWATA**
**JUDGE**
**12th February 2015**