[2023] UGHCLD 43
The court determined that the application for removal of the caveat and for contempt sanctions is closely linked to the pending appeal (Civil Appeal No. 72 of 2022). Therefore, the court deferred consideration of the application and all related arguments until after reviewing the submissions in respect of the...
Source-derived case information.
- Citation
- [2023] UGHCLD 43
- Parties
- Applicant: Namutete Henry Mugwanya; Respondent: Ndiwalana George William
- Court
- HC: Land Division (Uganda)
- Jurisdiction
- Uganda
- Case Number
- Misc Cause No. 10 of 2023
- Procedural Posture
- Miscellaneous Cause / Ruling
- Outcome
- Consideration of the application is deferred pending determination of Civil Appeal No. 72 of 2022.
- Judges
- Nkonge, J
- Legal Topics
- Caveat Removal, Contempt of Court, Registration of Titles, Exemplary Damages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Namutete Henry Mugwanya
Applicant
Ndiwalana George William
Respondent
Procedural Posture
Miscellaneous Cause / Ruling
Legal Issues
- 1 Whether the caveat lodged by the respondent on the applicant's land should lapse.
- 2 Whether the respondent should be found in contempt of court orders.
- 3 Whether exemplary damages and sanctions should be imposed on the respondent for contemptuous conduct.
Ratio Decidendi
The court determined that the application for removal of the caveat and for contempt sanctions is closely linked to the pending appeal (Civil Appeal No. 72 of 2022). Therefore, the court deferred consideration of the application and all related arguments until after reviewing the submissions in respect of the appeal. The court held that any decision on the caveat, contempt, and damages would be premature before the appeal is resolved, and that costs would also await the outcome of the appeal.
Court Disposition
Consideration of the application is deferred pending determination of Civil Appeal No. 72 of 2022.
Orders
- Consideration of the application and all arguments is deferred until after the court reviews submissions in respect of the pending appeal.
- Costs shall await the outcome of Civil Appeal No. 72 of 2022.
Full Case Text
Judgment text and source record
25 paragraphs
## THE REPUBLIC OF UGANDA
# IN THE HIGH COURT OF UGANDA AT KAMPALA
# (LAND DIVISION)
## MISCELLANEOUS CAUSE NO.10 OF 2023
NAMUTETE HENRY MUGWANYA::::::::::::::::::::::::::::::::::: $\mathsf{S}$
### **VERSUS**
NDIWALANA GEORGE WILLIAM::::::::::::::::::::::::::::::::::
# Before: Lady Justice Alexandra Nkonge Rugadya.
## Ruling.
The applicant, Mr. Namutete Henry Mugwanya brought this application under Section 33 of the Judicature Act cap. 13, Section 98 of the Civil Procedure Act cap.71, Sections 140(1), 142, 145, & 180 of the Registration of Titles Act cap. 230, and Order 52 rules 1, 2, & 3 of the Civil Procedure Rules SI $71-1$ seeking orders that;
- a. The respondent shows cause why the caveat lodged on the applicant's land comprised in Busiro Block 542 plots 24 & 25 should not lapse; - 20 **b.** The caveat lodged by the respondent be removed; - c. The respondent be found in contempt of court orders;
d. The respondent be ordered to pay exemplary damages of $shs.10,000,000/=;$
$\mathbf{1}$
$\cdot$
Mulae for J
e. The respondent be fined shs. 20,000,000 (twenty millions) as sanctions for his contemptuous conduct;
# $f$ . Costs of the application be provided for.
#### Decision of court: $\mathsf{S}$
$\bullet$
The possibility has been considered by this court that orders sought in this application may or may not have impact on the pending appeal: *Civil Appeal* **No. 72 of 2022** which was filed before this application and in respect of which appeal directives have now been issued.
- Accordingly, the consideration of this application and all arguments as raised 10 for or in objection to that appeal, including the competence of that appeal as raised by counsel for the applicant in **MA No. 1777/2022**, is pending and shall be made after perusal by court of the submissions made by both parties in respect of the pending appeal. - Costs shall await the outcome of the decision in *Civil Appeal No.* **72** of 2022. 15
Alexandra Nkonge Rugadya
Judge
28<sup>th</sup> February, 2023<br>27/2/2023 alab
Delivered via enail<br>Aberge J<br>27/2/2023