Tukube George William v Nabukenya Jesca and Commissioner Land Registration (Miscellaneous Application 893 of 2024) [2025] UGHCLD 80 (5 May 2025)

Full Case Text

## THE REPUBLIC OF UGANDA

## IN THE HIGH COURT OF UGANDA AT KAMPALA

### (LAND DIVISION)

### MISC. APP NO. 893 OF 2024

## (ARISING FROM CIVIL SUIT NO.126 OF 2023)

TUKUBE GEORGE WILLIAM::::::::::::::::::::::::::::::::::

(BENEFICIARY OF THE ESTATE OF THE LATE CHARLES $MWASE$ )

#### **VERSUS**

NABUKENYA JESCA:::::::::::::::::::::::::::::::::::: COMMISSIONER LAND REGISTRATION:::::::::::2ND RESPONDENT **BEFORE HON LADY JUSTICE ELIZABETH JANE ALIVIDZA RULING**

## REPRESENTATION

The Applicant was represented by $M/s$ T. Odeke & Co. Advocates.

The Respondents were unrepresented.

# **INTRODUCTION**

The Applicant brought this Application under Section 33 of the Judicature Act, Section 82 and 98 of the Civil Procedure Act and Order 46 rules 1 and 2 and Order 52 rules 1 and 3 of the Civil Procedure *Rules* seeking orders that;

- a) This honorable Court be pleased to review a dismissal order in Civil Suit No. 126 of 2023 be reinstated and determined on merit - b) Costs of this Application be provided for.

The grounds of this Application are contained in the Notice of Motion and the Applicant's Affidavit in support of this Application.

# BACKGROUND

The Applicant fited Civil suit No. 126 of 2023 seeking for orders inter alia, a declaration that the suit land subdivided into Kibuga Block 21 plot 682 land at Busega was transferred fraudulently and still forms part of the estate of the late Charles Mwasa, an order for cancellation of all entries and actions made affecting the deceased land formerly comprised in Kibuga Block 2lPlot 312 now plots 682 and 683, an order for the cancellation of all entries on the certificate of title comprised in Kibuga Plot 682 issued to the l"t Respondent.

The 1"t Respondent filed a written statement of defence on the 9th March 2023. The 2"d respondent filed a written statement of defence out of time on the 1"t Jwne 2023.

The Applicant contends that he extracted summons for directions on 31"t March 2023 however the Registrar is yet to sign the same to enable the Applicant to effect service onto the Respondents.

Then this court dismissed civil suit No.l26 of 2023 on the 21"1 February 2024 for failure of the Applicant to extract summons for directions.

# RESOLUTION

This Court issued directives for the parties to file reply to the Application and written submissions. Only the Applicant filed written

2 ak

submissions that I have taken into consideration in determining this Application.

I will a1low this Application and note that whereas the Deputy Registrar ought to have given consideration to the summons for directions filed, the Applicant ought to have made follow-ups on the summons for directions with the office of the Deputy Registrar having received a ruling for the temporar5r injunction to ensure that the summons for directions are signed having filed the same in March 2023.

This court is alive to Section 98 of the Civil Procedure Act that gives this Court power to make such orders as may be necessary for the ends ofjustice or to prevent abuse ofthe process ofthe Court.

Therefore in the interest of justice, Civil suit No. 126 of 2023 is reinstated and the Deputy Registrar directed to sign the summons for directions.

Application is granted and I make no order as to costs.

Ita L

Elizabeth Jane Aliuidz a

Judge

Sth Mo.g 2025

$5^{th}$ May

Ruling delivered on ECCMIS

lindzo $\bigcirc$

Elizabeth Jane Alividza

**Judge**