Judicial Review

Lin Jeng-Liang aka Lin Jeff & Anor (administrators of the estate of the late Lee Singh Chiang) v Ag. Commissioner for Land Administration ((Miscellaneous Cause No.184 of 2009)) [2009] UGHC 113 (30 June 2009);

Flynote: 

Search Summary: 

This application was brought seeking the following orders:-

(a)      An order of judicial review for orders of certiorari to call and quash the decision of the Commissioner of Land Registration of refusing to remove the caveat on the land title comprised in LRV 281 Folio 10 Plot 83 Kira road.

 

(b)      An order of Mandamus compelling the respondent to remove the caveat on the land title of property comprised in LRV 281 Folio 10 Plot 83 Kira Road.

 

(c)      Costs of this application.

 

The application was brought under Section 37 of the Judicature Act Cap 13 and Section 2 (1) a; 6 (2) (b) (4) and 10 of the Civil Procedure (Amendment) (Judicial Review) Rules 2003.  [The new law now is the Judicature (Judicial Review) Rules, 2009].

 

Headnote and Holding: 

Court held that it was clear from the a foregoing that the caveator had attempted three times to inform the court about her claim of being customarily married to the late Lee Singh Chiang, but to no avail.  The issue of marriage came during the time the late Lee Singh Chiang was alive and breathing.   The caveator did not adduce any evidence of customary marriage.

 

In view of the status quo it was wrong for the Respondent to refuse to vacate the caveat. Therefore Section 140 (2) of the RTA does not apply.

 

In the same vein, Section 38 and 39 of the Land Act does not apply because it was not proved that the property was a family property.  For the above reasons, court found that the Applicants right in the suit property were being affected by the said caveat which could not be allowed to stand.  The Respondent being responsible for vacating the caveat had clearly abdicated herself of her roles and duties relying on the customary marriage certificate whose impact have already been discussed above. 

 

The application was accordingly granted. 

 

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