By: Ndawula Sylvester's Ex

Ndawula Sylvester's Ex — Thu, 27 Mar 2025 16:51:45 +0000

He contradicts himself when he says he has to listen to both sides in the matter of the woman who lodged a caveat against her alleged husband’s titles. DOES HER CAVEAT HAVE JUDICIAL CERTIFICATION or is his office, as usual, making and or enforcing the rules as and when they feel like?

By: Viviane

Viviane — Tue, 11 Mar 2025 22:43:03 +0000

The instances am certain on how to vacate a caveat are through withdraw by the caveator, lapses after statutory notice and court ordering its removal.
On these grounds, what does he mean when he says a ‘naked’ caveat.’

By: Viviane

Viviane — Tue, 11 Mar 2025 22:38:01 +0000

I really want to understand what this Commissioner is stating. Caveats are being vacated without the consent of the caveator. The only instrument of protection is compromised at the expense of fraud and forgery at the lands ministry. What a mess!!!!

By: Telkom University

Telkom University — Tue, 11 Mar 2025 03:17:48 +0000

What does Baker Mugaino mean by a “naked caveat” in the context of land registration?

By: Jjuuko Joseph Kiyimba

Jjuuko Joseph Kiyimba — Fri, 28 Feb 2025 06:51:58 +0000

This gentle man does not know what he is talking about.The term “Caveat” comes from a Latin term “cavere” which means “warning”, “hint of caution”, or “let him beware”. In layman’s terms “a caveat is an entry made within books of the offenses of the registry or court to avoid a particular step being taken without prior notice to the person entering the caveat”. In law, it is observed as a notice or a precaution exercised expressly in probate cases. It is initiated with an aim that under court proceedings certain matters shall not be heard, action may not be taken, judgment or order may not be passed or issued without the hearing the person who has filed the notice of caveat. It is a precaution measure taken against the grant of probate by lodging a caveat and a person who lodges the caveat is called “caveator”in the case of Nirmal Chand v. Girindra Narayan AIR 1978 Cal 492, 82 CWN 1026, the court defined caveat as forewarning given by an individual person to the court that no order or judgment shall be passed deprived of furnishing any notice or without hearing the caveator. Caveator is a person who files a caveat and caveatee is a person who has instituted a suit or is likely to do so is. The main purpose of caveat is to make sure that the court does not passes ex-parte orders and that the interests of the caveator are protected. Caveat aids in reducing the burden of court and reduces the multiplicity of proceedings and brings an end to the litigation. The application of caveat can be filed in a suit or a proceeding. However, some High Courts have viewed that during an appeal (whether first or second) or during the execution proceedings that the application of caveat cannot be entertained. But in the case of Chandra Aggarwal v. State of Uttar Pradesh, AIR 1966 SC 1888 Supreme Court observed that the expression “Civil Proceeding”included all kinds of proceedings which are not original proceedings. Thus, an application of caveat can be filed in all suits, appeals, and proceedings under the Civil Procedure Code. In cases where the caveator is absent in a proceeding the court shall find the prima facie case in the favor of the applicant, ad interim relief shall be granted by the court in his favor. A caveat may be filed by any individual who is going to be affected by an interim order likely to be passed on an application which is anticipated to be made in a suit or proceeding instituted or about to be instituted in a Court.Where an application is expected to be made or has been made, in a suit or proceeding instituted, or is about to be instituted, in a Court. Any person claiming a right to appear before the Court on the hearing of such aforementioned application may lodge a caveat in respect thereof. In the case of Kattil Vayalil Parkkum Koiloth v. Mannil Paadikayil Kadeesa Umma AIR 1991 Ker 411, court held that a person who is a stranger to the proceeding cannot lodge a caveat. Likewise, a person supporting the application for interim relief made by the applicant also cannot file a caveat. A caveat shall be filed with a copy by the caveator or by an advocate on his behalf and the same must be registered in the caveat register maintained by the court in a form of petition or any other form prescribed by the court.An application of notice is served by the court to the caveator on the event of filling of caveat. At the point when a notice has been served on the applicant, the applicant at the expense of the caveator is needed to give the caveator a copy of the application made by him alongside any document that has been submitted with the application. If, in the event that the court or applicant disregards the caveat and doesn’t notify the caveator, the pronounced judgment or decree passed gets null and void. We actually need to be serious when doing things in this country.

Comments on: Do Not Be Fooled! A `Naked` Caveat Is No Sure Security to Your Land Interest – Warns Commissioner Land Registration Hajji Baker Mugaino

By: Ndawula Sylvester's Ex

By: Viviane

By: Viviane

By: Telkom University

By: Jjuuko Joseph Kiyimba