Musisi v Kazibwe and Another (Misc Cause 89 of 2022) [2023] UGHCLD 174 (5 July 2023)

## THE REPUBLIC OF UGANDA

## IN THE HIGH COURT OF UGANDAAT KAMPAI-A

#### LAND DIVISION

#### MISC. CAUSE NO. 89 OF 2022

#### ABBAS MUSISI APPLICANT

#### \. ERSUS

# 1. KAZTBWE AMOS SAJJA

# BEFORE HO. I-ADY J USTICE FI-AVIA NASSUNA MATOVU 2. COMMISSIONER I-AND REGISTRATION...... RESPONDENTS. RULING

'l'he applicant filed this application seeking for removal of caveat that was lodged on land compriscd in ICbuga Block 5 l']lot 1000 at Mulago. It was filed under the provisions of S. 140 of the lLegistration of titles r\ct , S.98 of the Civil Procedurc Act and 0.52 rr land 2 of thc Civil Procedure Rules. It was brought by notice of motion which was supported by an affidavit sworn by the applicant. I'he gtounds of the application wcre laid in the notice of motion and affidavit in support. Briefly the grounds werc that;

- a) -I'he applicant is the registered owner of land comprised in I(buga Block <sup>5</sup> Plot 1000 at Muiago. - b) The 1\*'Rcspondent lodged a caveat on thc said land evcn though hc docs not have any interest in the same. - c) The applicant is desirous of dealing with the said land but he cannot do so in Iight of the said caveat.

'Ihc Respondcnts werc duly sovcd with this application but did not filc any affidavit in tcply. Thc 1" ltcspondcnl was spccifically scrvcd by way of substituted scrvice.

'I'he applicant filcd writtcn submissions in this case which I have carefully srudied together with the relevant law. Having catcfully studied this cascfile I noted as follows:

- a) 'I'he applicant is thc rcgistcred proprietor of thc land in question having been registered as such on 8"'July 2008. - b) The 1" Respondent lodged a caveat on the said land on 31"'July 2008. - c) The 2"d I{espondent communicated to applicant by letter dated 22/6/2022, that this caveat could not be lapsed becausc it was a beneficiary's caveat.

'Iherefote, the issue to be dccided by this court is whethcr the caveat that was lodgcd by thc 1"'rcspondcnt on the land in qucstion can be vacated.

S.139 of the Registration of tides Act allows a beneficiary to lodge a caveat on registered Iand fotbidding further dealings on the land vzithout notifying him or her.

5.140 of the same Act requires thc Registrar of tities to noti\$r the tegistered proprietor that a cavcat has been lodged on his tide and thc proPrietor is expected to summon the caveator to attend bcforc court to show cause why the caveat should not be removed.

In the instant casc it is clear that after the registered proprietor who is the applicant learnt that 1" Respondent had lodged a c vcat on his land, hc filcd thc instant application whereupon thc 1.' l{espondcnt was summoncd Unfortunately, the l" Respondcnt neither filed any affidavit in reply nor appeared at court on the datc sct.

S.140 further ptovides that the court, may upon proof that thc caveatot has bccn summoned, make such order in the premises cxparte or otherwise.

In the case beforc mc it is clcar that the l" Respondent who is thc cavcator was scrved with this applicatiori as shown in thc affidavit of scrvice dated 10 /1,1' /2022 and filed at court on thc samc day.

I also note that the caveat was lodged on 31 /7 /2008 which is close to 15 years ago. There is nothing on record to show that after lodgang the said caveat, the 1"t applicant took any steps to further provc his claim or intcrest in the said land. Caveats arc intended to give temporary protection /rclie f to the caveator to enable him or her take ncccssary steps to establish his or her claim on the land . 'l'hcy are not intendcd to stay of the register for ever. In a case like the one before court, where a caveator has not taken any stcps after lodging the caveat 15 years ago, thc court would have no option but to ordcr its rcmoval so that the registcrcd proprietor can ably dcal with his land.

'l'his application is accordingly hercby granted and it is hereby ordered that thc caveat that was lodged on land comprised in I(ibuga Bkrck 5 Plot 1000 at Mulag<; by one I(azibwe Amos Sajja be vacated.

-fhc applicant shall mcct his costs lor this application.

DATED Kampala this.... Day of ( ........2023. HON. JUSTICE FLAVIA NASSUNA MATOVL]