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Civil Procedure [2024] UGHC 234

Warwasa v Commissioner Land Registration & 2 Others

Warwasa v Commissioner Land Registration & 2 Others (Miscellaneous Application 239 of 2023) [2024] UGHC 234 (23 April 2024)

The court found that, although there was a preliminary objection regarding late service, the respondents had replied to the motion and were aware of the proceedings. In the interest of justice, the objection was overruled. On the substantive issue, the court held that its inherent powers under Section 98 of the Civil Procedure Act and Section 33 of the Judicature Act allow it to order a survey where necessary to resolve the real issues between the parties. The survey will assist in determining whether there is an overlap between the applicant's freehold title and the respondents' mailo titles…

  • Survey Orders
  • Title Overlap
  • Service Of Process
  • Land Registration
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