Nakajiri v Namusoke (Misc Cause 328 of 2023) [2023] UGHCLD 395 (18 October 2023)
Court
HC: Land Division (Uganda)
Case number
Misc Cause 328 of 2023
Judge
Naluzze Aisha Batala, J
The High Court declined to remove a caveat over land at Luwafu, finding the respondent had a caveatable interest as a beneficiary and co-administrator.
Ahairwe v Mugasha and Another (Miscellaneous Cause No. 90 of 2022) [2023] UGHC 12 (23 January 2023)
Court
High Court of Uganda
Case number
Miscellaneous Cause No. 90 of 2022
Judge
Wagona, J
The court found that the law does not permit the issuance of a permanent caveat, as caveats are designed to provide only temporary protection of interests in land. The authorities cited establish that a caveat is analogous to an interlocutory injunction and is not a mechanism for permanent protection. The applicant's request for a permanent caveat is therefore untenable and contrary to the legal nature and purpose of caveats under Ugandan law. Consequently, the application was dismissed for lack of merit.
Zalwango & anor v Walusimbi & anor (Originating Summons No. 03 of 2013) [2014] UGHCCD 22 (11 February 2014)
Court
HC: Civil Division (Uganda)
Case number
Originating Summons No. 03 of 2013
The court determined that the dispute between the parties is highly contentious, involving complex factual questions about the rightful administrators and beneficiaries of the estates in question. Such matters require comprehensive evidence beyond affidavits and cannot be properly resolved through the Originating Summons procedure, which is reserved for simple, uncontested issues. The court upheld the preliminary objection regarding the appropriateness of the procedure and dismissed the Originating Summons, directing the applicants to pursue their claim through an ordinary suit if they wish t…
Vellani v Khamis and Others (Mombasa Civil Case No. 32 of 1944) [1945] EACA 67 (1 January 1945)
Court
East African Court of Appeal
Case number
Mombasa Civil Case No. 32 of 1944
Judge
Thacker J
The court granted specific performance of a land sale agreement and held that a purchaser of an undivided share had an equitable interest supporting a caveat.