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Brief Facts for the different problems are as follows;

(a) You are chief registrar of titles and on 20th November 2007, you receive a
transfer deed signed by Ali Drani in respect of land comprised in Kibuga
Block 15 Plot 12 at Ndeeba in favour of Kenneth Katende. However, Amin
Deboru has placed a caveat the rightful purchaser
(b) Similar facts except that Amina Deboru is a legatee under a will of Ali
Drani’s father
(c) In case you are an advocate of Amina in (a) what steps can be taken
(d) Kenneth Muwanga is an owner of 100 hectares of customary land and
wants a mailo title
(e) David Adhola has been residing in Kitwe village for the last 40 years and
now some people are measuring his land

Issues
(i) whether the chief registrar of titles can take any steps to register land
which has a caveat
(ii) whether a registrar can take such steps if the caveator is a legatee
under a will
(iii) whether Amina can take any steps to reinforce her caveat
(iv) whether Kenneth Muwanga can get a title in respect of his customary
land
(v) whether David Adhola can protect his land

Law Applicable
Land Act, Cap 227
Land Regulations SI 227—1
Registration of Titles Act, Cap 230

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Resolution of Issues
Issue 1

Under section 139 (4) of the RTA no caveat can be received unless some
address or place in which a post office is situated is appointed in the caveat as the
place at which notices and proceedings relating to the caveat may be served is
specified.

Under section 140 (1) of the RTA, once a registered proprietor applies for
removal of a caveat, the registrar of titles notifies the caveator to show cause
why the caveat should not be removed.

Under section 140(2) of the RTA, every caveat lodged against a proprietor shall
be deemed to have lapsed upon the expiration of sixty days after notice given to
the caveator that the proprietor has applied for the removal of the caveat.
See Katende v. Musa [1975] HCB 241

Issue 2
A legatee is a beneficiary under a will. Under section 140(2) of the RTA, a
caveat lodged on behalf of a beneficiary does not expire even when notice is
issued. It can only be removed voluntarily or through a settlement.

However, under section 144 of the RTA, a caveat on behalf of a beneficiary

under a will, etc. need not be removed to admit registration of certain dealings,
as long as the registrar is under the opinion that such dealings are authorized
under the will.

Issue 3

Amina on receipt of the letter to show cause why her caveat should not be
removed can take several steps. It should be noted that under section 140(2) of

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the RTA, every caveat lodged against a proprietor lapses upon the expiration of
sixty days after notice given to the caveator that the proprietor has applied for the
removal of the caveat.

In addition, under section 140(3) of the RTA, a caveat cannot be renewed by or

on behalf of the same person in respect of the same estate or interest. However,
if the before the expiration of the sixty days or such further period as is specified in
any order, the caveator or his or her agent appears before the court and gives
such undertaking or security, or lodges such sum in court as the court considers
sufficient, then and in such case the court may direct the registrar to delay
registering any dealing with the land.

In RE Joseph Muluta [1994-95] HCB 94; H.C. Misc. App. No. 500/95

It was held that section 140(3) of RTA clearly provides that a caveat cannot be
reviewed by or on behalf of the same person of the same estate or interest.
However, under certain circumstances, the court may direct the Registrar to
delay any dealings with the land for a period of time, specified by court. These
circumstances of giving an undertaking or security, or lodging a sum of money
considered to be sufficient by court to indemnify any person who may be
adversely affected by the court order, is a creation of statute, and court may only
act upon the application where these circumstances have been complied.

Application of s.188 RTA where the procedure is not in RTA then ordinary rules
of procedure must apply.

In Isaya Katende v. Musa Kaliri & Anor. [1975] HCB 341, the application for
extension of a caveat should be by notice of motion.

In Mohamed & Anor. v. Haidara [1972] EA 166

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The respondent lodged a caveat against the title to the Applicants’ land claiming
a purchaser’s interest under agreement. The respondent applied to the High
Court for an extension of caveat merely setting out that there was an action for
specific performance.

It was held that the application for extension of the caveat should be treated in
the same way as an application for an injunction and that what an application
must show is a prima facie case with a probability of success. That an application
for extension of a caveat is substantially in the same position as a court faced
with an application for an interlocutory injunction.

Therefore, Amina would have to file an ordinary suit and then apply for extension
of a caveat by notice of motion.

Issue 4

The procedure for the registration of customary land is set out in the Land Act
and the Land Regulations.

Section 4 (1) of the Land Act states that any person, family or community
holding land under customary tenure on former public land may acquire a
certificate of customary ownership in respect of that land. Section 4 (2) of the
Land Act, a certificate for customary ownership should be in the prescribed form
and is issued by the land board.

Under section 4(3) of the Land Act, an application for a certificate of customary
ownership should be in the prescribed form and should be submitted, together
with the prescribed fee, to the committee of the parish in which the land the
subject of the application is situated. Regulation 3 of the Land Regulations
provides that An application for a Certificate of Customary Ownership shall be in
Form 1 specified in the First Schedule to these Regulations.

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Under section 5 of the Land Act, once an application is submitted to the parish
committee, the committee should do the following;

 Determine, verify and mark the boundaries of all interests in the land
which is the subject of the application;
 Demarcate rights of way and other easements over the land
 Adjudicate upon and decide in accordance with and applying customary
law any question or matter concerning the land referred to it by any
person with an interest in land
 record that if any person has, or two or more persons have, exercised
rights under customary law over the land
 advise the board upon any question of customary law;
 safeguard the interests and rights in the land which is the subject of the
application of women, absent persons, minors and persons with or under
a disability;

Section 6 of the Land Act provides the procedure for application for the
certificate of customary ownership. The chairperson of the parish committee is
responsible for ensuring that the procedures are complied with. When an
application has been submitted to the parish committee, a notice in the
prescribed form is published and posted in a prominent place in the parish and
on the land which is the subject of the application. It specifies the following;
 The location and approximate area of the land; and
 Requires all persons who claim any interest in the land or are affected to
put forward their claims;
Under section 6(3) of the Land Act, the committee hears and determines all
claims made. In hearing and determining any claim, the committee uses best
endeavours to mediate between and reconcile parties having conflicting claims to
the land.

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Under section 6(6), the committee prepares a report on the application, recording
all claims to interests and rights in the land or to the occupation and use of the
land and its opinion on whether those claims have been proved to exist, setting
out its findings and recommendations with reasons on the application, including
in all cases whether the application should be approved with or without
conditions. It gives a copy to the applicant and submits another to the board.

Under section 7 of the Land Act, once the board receives the report, it may
confirm the recommendations of the committee and where those
recommendations are to issue a certificate of customary ownership with or
without conditions issue that certificate of customary ownership accordingly.
Kenneth Muwanga can also convert his land into freehold. Section 9 of the
Land Act provides that any person, family, community or association holding
land under customary tenure on former public land may convert the customary
tenure into freehold tenure. Under section 9 (3) of the Land Act, an application
for conversion from customary tenure to freehold tenure should be in the
prescribed form and should be submitted, together with the prescribed fee, to the
committee of the parish in which the land the subject of the application is
situated.

Regulation 10 provides that an application to convert customary tenure to

freehold should be in Form 4 specified in the First Schedule to the Regulations.

Issue 5
David Adhola can protect his interest.
Section 20 (1) of the RTA provides that any person claiming any estate or
interest in the land described in any notice issued by the registrar may, before
the registration of the certificate, lodge a caveat with the registrar in the form in
the Fourth Schedule forbidding the bringing of that land under the RTA.

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Under section 20 (2) of the RTA, every caveat lodged should be signed by the
caveator or by his or her agent, and shall particularise the estate or interest
claimed; and the person lodging the caveat shall, if required by the registrar,
support the caveat by a statutory declaration stating the nature of the title under
which the claim is made, and also deliver a perfect abstract of the title to that
estate or interest.

In David Aear & 3 Ors Vs. Alfred Aear – Aliro [1982] H.C.B. 60

It was held that any person claiming any estate or interest in land which is being
surveyed with a view to being brought under the operation of the RTA must lodge
a caveat.

Documents:
1. Notice by the registrar
2. Plaint
3. Notice of Motion
4. caveat forbidding bringing land under the RTA (Schedule
Four of the RTA)

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THE CHIEF REGISTRAR OF TITLES

(Under sections 140(1) and 202 RTA)

Chief Registrar Office

Land Office
Parliamentary Building
KAMPALA

27th November 2007

To: Amina Deboru

KAMPALA

Dear Madam,

RE: NOTICE TO CAVEATOR OF LODGEMENT OF DEALING IN LAND

COMPRISED IN KIBUGA BLOCK 15 PLOT 12 AT NDEEBA

YOU ARE HEREBY GIVEN NOTICE that proprietor of the land has filed an
application to remove your caveat on the abovementioned land.

You are required to show cause why your caveat should not be removed within
60 days.

Signed

THE CHIEF REGISTRAR

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THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

CIVIL SUIT NO. 11 OF 2007

Amin Deboru ……………………...………….… PLAINTIFF

VERSUS

Ali Drani ………………………….……….…... DEFENDANT

PLAINT

1. The plaintiff is an adult female Ugandan of sound mind whose address for
purposes of this suit shall be M/s. Firm…..P.O Box 7117 Kampala.
2. The defendant is an adult male Ugandan. The plaintiffs’ Advocates
undertake to effect service of Court process on the defendant.
3. The plaintiff’s claim against the defendant is for a declaration that the
defendant sold to her land comprised in Kibuga Block 15 Plot 12 at
Ndeeba and for specific performance of the sale agreement entered into
by both parties in respect of the said land.
4. The facts constituting the cause of action arose as follows:-
(a) In or about January 2007, the defendant sold the suit property to the
plaintiff at the purchase price of Uganda Shillings One Hundred Million
(Ug.Shs.100,000,000/=). Attached hereto marked “A” is a copy of the
agreement.
(b) The plaintiff fully paid the defendant the purchase price but the
defendant has since refused to transfer the said property.
(c) Since then, the defendant has refused or neglected to transfer.

5. Notice of intention to sue was served on the defendant which was ignored.

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6. The cause of action arose in Ndeeba within the jurisdiction of this

Honourable Court.
WHEREFORE the plaintiffs pray for judgment against the defendant in the
following terms.
(a) A declaration that the defendant sold to the plaintiff land comprised in
Kibuga Block 15 Plot 12 at Ndeeba
(b) An order of specific performance of the sale agreement between the
plaintiff as purchaser and the defendant as vendor.
(c) Costs of the suit; and
(d) Any other relief this Honourable Court may deem fit.

DATED at Kampala this day of 2007.

-----------------------------------------------

COUNSEL FOR THE PLAINTIFFS

Drawn & Filed by:

M/s. Firm…
P.O. Box 7117
KAMPALA.

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THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA

CIVIL SUIT NO. 11 OF 2007

Amin Deboru ……………………...………….… PLAINTIFF

VERSUS

Ali Drani ………………………….……….…... DEFENDANT

SUMMARY OF EVIDENCE
The plaintiff shall adduce evidence to show that she purchased the suit property
from the defendant.

LIST OF WITNESSES

1. Plaintiff
2. Others with leave of court
LIST OF DOCUMENTS:
1. Sale Agreement

LIST OF AUTHORITIES

1. The Civil Procedure Act

2. The Civil Procedure Rules
3. Registration of Title Act
4. Any other authority with leave

DATED at Kampala this day of 2007.

--------------------------------------------------------------

COUNSEL FOR THE PLAINTIFF

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Drawn & Filed by:

M/s. Firm..,
P.O. Box 7117
KAMPALA.

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THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA
MISCELLANEOUS CAUSE NO. 011 OF 2007
(Arising from Civil Suit No.11 of 2007)

NOTICE OF MOTION
(under section 140(3) & 188 of RTA and 0.52 r1 r.3 of CPR)

TAKE NOTICE that this Honourable Court shall be moved on the 28th day of
November 2007 at 3’o’clock in the afternoon as counsel for the applicant shall
be heard in an application for the orders that;

1. The registrar of title extends the caveat on land comprised in Kibuga Block
15 Plot 12 at Ndeeba
2. Costs of this application be provided for.

AND TAKE further notice that this application is brought under the provisions of
law aforesaid and is based on the grounds set forth and is based on the grounds
set forth in the affidavit of Amina Deboru hereto attached.
But briefly are that.
a) The Applicant has filed suit No.11 of 2007 in respect of the said suit property
b) The suit will be rendered nugatory if the orders sought are not granted.

DATED at Kampala this ……day of …………………., 20047

……………………………………………..
COUNSEL FOR APPLICANT

GIVEN UNDER my hand and seal of this court this …..day of …………………,
2007.

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………………………………
REGISTRAR

Drawn & filed by;

Firm …..& Co. Advocates
P. O. Box 7117
KAMPALA.

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THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA
MISCELLANEOUS CAUSE NO. 011 OF 2007
(Arising from Civil Suit No.11 of 2007)

AFFIDAVIT IN SUPPORT

I Amina Deboru of c/o Firm …..& Co. Advocates P.O. Box 7117, Kampala do
hereby make oath and state as hereunder.

1. That I am an adult female Ugandan of sound mind and the applicant in the
above notice of motion and I swear this affidavit in that capacity.
2. That around January 2007, I bought the suit property from the Respondent
(A copy of the sale agreement is attached and marked “A”)
3. That I paid the entire purchase sum but the Respondent has refused or
failed to transfer the said property to me.
4. That in June 2007, I lodged a caveat on the suit property to protect my
interest.
5. That I have filed a civil suit for specific performance which is pending
before this Honourable Court
6. That I swear this affidavit in support of my application for extension of the
caveat.
7. That whatever is stated herein above is true and correct to the best of my
knowledge and belief.

SWORN at Kampala this …..day of ……………2007

Amina Deboru ……………………………………

DEPONENT

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BEFORE ME …………………………………
COMMISSIONER FOR OATHS

Drawn & Filed by;

Firm ….& Co. Advocates

P.O. Box 7117

KAMPALA.

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THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA
MISCELLANEOUS CAUSE NO. 011 OF 2007
(Arising from Civil Suit No.11 of 2007)

SUMMARY OF EVIDENCE
The Applicant shall rely on the affidavit filed herein to prove that this is a proper
case for grant of the Orders sought.

LIST OF WITNESSES

1. The Applicant
2. Any other witness with leave of court.

LIST OF DOCUMENTS
1. Annextures to the affidavit filed herein.
2. Any other documents with leave of court.

LIST OF AUTHORITIES
1. The Civil Procedure Act,
2. The Civil Procedure Rules
3. Other Authorities with leave of Court.

DATED at Kampala this day of November 2007

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____________________________________
Firm …
COUNSEL FOR THE APPLICANT

Drawn & Filed by:

M/s. Firm….
P.O BOX 7117
KAMPALA.

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Caveat Forbidding Land to be Brought under the Act.

To the Registrar of Titles.
Take notice that I, David Adhola, claim customary ownership in the land situate
in Kitwe Village Kayunga in which several markstones have been placed by Dr.
Kitaka, and I forbid the bringing of that land under the operation of the
Registration of Titles Act.
I appoint Law Development Centre, P.O Box 7117 Kampala as the place at
which notices and proceedings relating to this notice may be served.
Dated this 27th day of November 2007.

Signed in the presence of _____________________________

Advocate

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