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20 Aug 2019

Land And Property [2019] UGHCLD 51

Ssemanda & Anor Vs Nakato & 2 Ors

Ssemanda & Anor Vs Nakato & 2 Ors (Miscellaneous Cause No.50 of 2019) [2019] UGHCLD 51 (20 August 2019)

Court: HC: Land Division (Uganda)
Case number: Miscellaneous Cause No.50 of 2019
Judge: Kawesa, J

The court found that the applicants, as joint administrators of the estate of the late Mukasa Erasito, are the proper parties in possession of the suit land, which is registered in the deceased's name. The respondents, having failed to appear or file any defence, did not demonstrate any legal or equitable interest in the land. The law requires that a caveator must show cause why a caveat should not be vacated when challenged; in the absence of any objection or evidence from the respondents, the applicants' averments are deemed admitted. The authorities cited confirm that caveats are temporary…

Source excerpt

Caveats
Estate Administration
Burden Of Proof
Vacation Of Caveat

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6 Nov 2017

Land And Property [2017] UGHCLD 259

Batwawula v Kaddu & 2 Ors (Misc Application No. 0474 of 2016)

Batwawula v Kaddu & 2 Ors (Misc Application No. 0474 of 2016) [2017] UGHCLD 259 (6 November 2017)

Court: HC: Land Division (Uganda)
Case number: Misc Application No. 0474 of 2016
Judge: Kawesa, J

The Respondents failed to file any affidavit in reply to the Applicant's claims, leaving the evidence unchallenged. The law requires caveators to respond to notices to show cause, and their failure to do so after lodging caveats in 2008 demonstrates a lack of interest or justification for maintaining the caveats. The court finds it equitable and just to vacate the caveats, allowing the Applicant, as the registered proprietor, to put the land to use. The application is granted with costs.