Court name
HC: Land Division (Uganda)
Judgment date
21 January 2020

Kimera v Nakakande (Miscellaneous Cause-2019/137) [2020] UGHCLD 35 (21 January 2020);

Cite this case
[2020] UGHCLD 35
Coram
Kawesa, J

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

(LAND DIVISION)

 

MISC. CAUSE NO. 137 OF 2019

(CIVIL SUIT NO. 63 OF 2020)

 

 

KIMERA AUGUSTINE:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::APPLICANT

VERSUS

NAKAKANDE RESTY::::::::::::::::::::::::::::::::::::::::::::::::::::::RESPONDENT

 

BEFORE:      HON. MR. JUSTICE HENRY I. KAWESA

 

RULING:

 

The applicant brought this application for the respondents to;

  1. Show cause why the caveat lodged on the certificate of title of land  in Kyadondo block 217 plot 972, Kiwatule should not be removed,
  2. Direct Commissioner Land Registration to remove the caveat from the suit land
  3. Provide for costs.

The grounds are contained in the notice of motion and supported by the affidavit of Kimera Augustine. 

The respondent opposed the application and filed an affidavit in reply by Resty Nakakande.

I have perused the pleadings and submissions filed by the parties.

 

There is evidence from all the affidavits filed by the parties that the suit land involves matters in court between these parties; vide civil suit No. 88 of 2020.

All that is required in an application of this nature as per section 140(1) of the Registration of Titles Act is for;

“The caveator to attend before court to show cause why the caveat should not be removed, and the court may, upon proof that the caveator has been summoned, make such order in the premises, either ex-parte or otherwise, and as to costs as it seems fit”.

The respondent has shown sufficient cause that she has an interest in the matter in contention and there is a pending civil suit.   The respondent   raised matters which require a full trial to be determined.  At this stage, all that is required is to show cause.

I am satisfied that the respondent has proved before court that the caveat ought not to be removed till the final determination of civil suit No. 88 of 2020.

Costs shall abide in the main cause.

Application is not granted. Boynes versus Gathure (1969) EA 385 followed.   

 

I so order. 

 

..................................

Henry I. Kawesa

JUDGE.

21/01/20

21/01/20:

Segwanyi Ssaka for the Applicant.

Applicant absent.

Respondent absent.

 

Court:

Ruling delivered to the parties above.

 

..................................

Henry I. Kawesa

JUDGE.

21/01/20