Kimbowa v Mugabi (Misc Cause 92 of 2023) [2023] UGHCLD 266 (31 August 2023)

THE REPUBTIC OF UGANDA IN THE HIGH COURI OF UGANDA HOLDEN AT KAMPAIA (LAND DTVTSTON) MISCELTANEOUS CAUSE NO.92 OF 2023

KIMBOWA JANE APPLICANT VERSUS HENRY MUGABI RESPONDENT

RUI.'NG BEFORE HON. I. ADY JUSIICE KANYANGE SUSAN

This Applicotion is brought under S.40 Regisirolion of Titles Acl S.9B Civil Procedure Act Order 52 Civil Procedure Rules.

It seeks orders thoi,

- o. The coveot lodged on lond comprised in Busiro Block 363, plot 9830 by the respondent be removed - b. Cosls of the Appllcotion be provided for

The grounds of the opplicotion were contoined in the offidovit of Kimbowo Jone but briefly they ore;

The oppliconl is o widow to the loie Joseph Kimbowo Kizzo who logether purchosed lond comprised in Busiro Block 383, ploi 9B3O ond took effeclive occupolion os their motrimoniol home. The lole Joseph Kimbowo died ond lefi o Will bequeothing the soid property lo her. She opplied for Lelters of Administrotion ond the some were gronted. She tronsfened tille inlo her nomes os on Administrotor of lhe estote of her lote husbond. Thot the respondent wilhout ony lustificolion lodged o coveot os o beneficiory on the soid lond sloting it's o fomily home whereos no't.

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That the respondent and his mother Mary Nalwanga were left with property which they utilize and he has never utilized this land as he only came at the death of the father. Further to this he claimed there were fraudulent transfers whereas not. The respondent was served but did not put in a reply and matter proceeded exparte.

Representation

M/s Luzige, Lubega, Kawuma and Co. Advocates represented the applicant and filed written submissions

Issues

- $i.$ Whether there is any reasonable cause as to why the respondent's caveat on the property comprised in Mailo Register Busiro Block 383 plot 9830 land at Bwebajja should not be removed. - Whether the respondent has a caveatable interest ii. - iii. What other remedies are available to the parties

Under S.139(1) of the Registration of Titles Act a caveat may be lodged on land by any beneficiary or other person claiming any estate or interest in land under the operation of the Act forbidding the registration of any person as transferee or proprietor of land until after notice of the intended registration or dealing is given to the caveator or unless the caveator consents in writing.

It is also settled law that for a caveat to be valid the caveator must have a protectable interest legal or equitable to be protected by the caveat otherwise the caveat would be invalid. See case of Sentongo Produce & Coffee Farmers Limited and Anor versus Rose Nakafuma Muyiisa HCMC No.690 of 1999.

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ln lhe cose of Simon Koloobu Versus Richord Ssimbwo Miscelloneous Couse No.l21 of 2O2O. ft wos held thot lo lodge o coveot the person must hove o legol or equitoble right of cloim in the estote ond there must be reosonoble reosons for doing so.

ln instont opplicolion. the oppliconl is the regislered proprielor of lhe lond comprised in Busiro Block 383 plol 9830 lond ot Bwebojjo ond she is regislered os on odministrotor of the lote Joseph Kimbowo.

The respondent lodged o coveol doted October 2020 ond he overred lhot he is o biologicol son of the lole Joseph Kimbowo ond wos oppointed in the will os the Choirperson of the Estotes trust. Thol he is o beneficiory of the soid lond os il,s their fomily home. Thot some persons hove opened boundories ond ore trying lo effect o tronsoclion on the fomily home. Thol the soid froudulenl tronsfers or subdivision or chonge in proprietorship of the lond ore being done without due regord to his interest or withoul his consenl. He lodged coveol lo protecl his in teres t.

In ihe Will olloched lhe respondenl Henry Mugobi is the Choirmon of the Committee of the Trusfees omong the children of the deceosed. The deceosed lefl 4 (four) ocres of lond locoted ol Bwebojjo Busiro on Block 383, plots 230, 214 ond 2l 5. He sloied lhol his moin home is olso situoted on the lond in queslion.

ln the bequeothemeni (l) he left his home o1 Bwebojjo to his wife lo sloy there till her deolh. However, the home in question ond ihe lond on which il is locoted sholl be monoged by the obove soid Commillee of Trustees ond it (the Committee should never chose my wife owoy from lhe soid home.)

Counsel for the oppliconl submilled thot in the Will property wos bequeothed lo ihe opplicont ond does no1 in ony woy convey il to the Commillee. Furlher to this thot ihe soid property hos never been o fomily home to the respondenl ond

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that there is no proof to back allegations of fraudulent transactions on the property in question hence no basis for the caveat to stay

In the Will its clear the respondent is the Chairman of the committee of trustees and has an equitable interest in the suit land as a beneficiary. Though it applicant's home, the Will placed it in the hands of the committee of trustees to manage though not to chase her away from the home until her death.

I find that the respondent has a caveatable interest as a beneficiary and he had reasonable cause to lodge the caveat as boundaries were being opened without his consent as chairman of the committee of trustees.

In conclusion I find no merit in this application. It is hereby dismissed. No order as to costs.

| DATED AT KAMPALA THIS --------------------------DAY OF - Angust ------------------------------------ | | | | | |------------------------------------------------------------------------------------------------------|--|--|--|--| |------------------------------------------------------------------------------------------------------|--|--|--|--|

KANYANGE SUSAN AG JUDGE LAND DIVISION.