Nabukalu A.K.A Betty Nabukalu v Najjuma and Another (Miscellaneous Cause No. I24 of 2024) [2025] UGHCLD 100 (24 June 2025)

# THE REPUBLIC OF UGANDA IN THE HIGH COURT OF UGANDA AT KAMPALA LAND DIVISION MISCELLANEOUS CAUSE NO. I24 OF 2024

#### NABUKALU BETTY A. K. A BETTY NABUKALU VERSUS APPLICANT

# I. NAJJUMA RUTH 2. NKUMBI KYOBE STEVEN 3. COMMISSIONER LAND REGISTRATION: : : : : : : : : : : : : : : : : RESPONDENTS

# BEFORE LADY JUSTICE CHRISTINE KAAHWA

### RULING.

#### Introduction.

This application is brought under Section 98 of the Civil Procedure Act, (CPA), Cap,282 and Order 5lruIe (1) and (2) of the Civil Procedure Rules, SI 7l-1 (CPR) for Orders that;

- a. Certificate of Title for land comprised in Mengo Kyadondo Block 244 Plot 4400 land at Kisugu registered in the names of the Applicant and the Respondents be subdivided to create a separate interest for the applicant. - b. A separate Certificate of Title for the applicant be created processed and registered into the names of the applicant.


- c. The 2'd respondent be ordered to surrender the Duplicate certificate of Title for Kyadondo Block244 Plot 4400 land at Kisugu to the 3'd Respondent to enable implementation of the said effects. - d. The respondents be ordered to sign mutation forms, transfer forms and all necessary documents in favour of the applicant required to subdivide and process Certificate of Title for the said interest or in the altemative - e. An Order be granted to the Commissioner Land Registration to effect subdivision and creation of the Certifrcate of Title for the Applicant's said interest. - f. Costs be provided for.

The application is supported by the affidavit of Nabukalu Betty, a beneficiary of the estate of the late Juliana Nalumansi deposed on 8'h day of August 2024.

## Reply.

The Respondents did not file any reply to the application

### Representation and hearing.

The Applicant was represented by Springs Advocates. Directions for filing submissions were issued on the 9th of May, 2025 and none of the parties filed submissions.

### Issue for determination.

Whether the application discloses sufficient grounds to grant the subdivision of the suit plot.

## Determination.

In this application, the Applicant avers that she and the l't and 2nd respondents are beneficiaries of the estate of their mother late Juliana Nalumansi; by a Will

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dated 2nd October 2003, the applicant and the I't and 2nd respondents were bequeathed the suit land measuring 0. l2 Hectares in equal shares; and are now the registered proprietors to the said land; the parties agreed to demarcate and separate each one's interest physically on the ground in equal proportions; the certificate of title is in the custody of the 2nd respondent and the applicant is desirous of subdividing off her interests from the Title which the 2nd Respondent has declined to

I have perused the documents attached to the affidavit in support of the applicahon and take note that the certificate of title is registered in the names of Nabukalu Betty, Najjuma Ruth and Nkumbi Kyobe Steven as at 2810412010. The land was formerly registered in the names of the administrators of the late Nalumansi Juliana vide Administration Cause HCT-00-CV-AC-823 of 2008.

The agreement on the proposed subdivision of the suit property is attached and marked B. I observe that is not translated as required by taw, however my court clerk has translated the agreement and it is correct that the parties agreed to subdivide the plot.

Order 12 ruie 3(2) of the CPR provides that an affidavit in reply shall be filed within l5 days from the date of service of the application. This application was not fixed and completed with the 45 days as prescribed by rule 4 thereof, I duly extend the time for determination in light of the fact that the Land Division is heavily encumbered with numerous interlocutory applications.

In the Court of Appeal case of David Lubuuka v Fred Joel Nsobya Misc. Application 358 of 2016 where the Court of Appeal cited with approval Gandesha and Another versus G. J. Lutaaya SCCA No.l4 of 1989; where it was held that the failure to file an affidavit in reply leaves the averments of the

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applicant in his affidavit in support of the application uncontroverted and therefore taken as accepted.

Since there is no opposition to this application and upon perusal of the agreement marked as annex "B" to the affidavit in support of the application, which shows that the parties herein agreed that they divide the suit property, I am inclined to grant this application with no order to costs.

# Dated at Kampala this 24th day of June 2025.

(-

Christine Kaahwa

JUDGE