Conveyance and registration

Ghana · 2026

Principle established: A review application must disclose exceptional circumstances resulting in a miscarriage of justice and cannot be used as a mere re-argument of the original appeal.

Ghana · 2026

Principle established: A review application must disclose exceptional circumstances resulting in a miscarriage of justice and cannot be used as a mere re-argument of the original appeal.

Sierra Leone — Court of Appeal · 2021

Principle established: Summary judgment should not be granted where the defendant's affidavit raises triable issues of fact or law that warrant a full trial on the merits.

Sierra Leone — Court of Appeal · 2021

Principle established: Summary judgment should not be granted where the defendant's affidavit raises triable issues of fact or law that warrant a full trial on the merits.

Sierra Leone — African Law Reports · 1964-66

Principle established: A statutory declaration of title is not registrable as an instrument under the Registration of Instruments Act and cannot be admitted where the law requires an oath, affirmation, or affidavit.

Sierra Leone — Court of Appeal · 1961

Principle established: A conveyance of estate property to a purchaser under an approved deed of family arrangement is valid where the purchaser completes payment of the outstanding purchase price.

Sierra Leone — Court of Appeal · 1963

Principle established: An executed, delivered, and registered inter vivos conveyance under which donees take possession cannot be revoked or overridden by the donor's subsequent will despite a death commencement recital.

Sierra Leone — Court of Appeal · 1963

Principle established: A fully executed and delivered deed under which donees have entered possession constitutes an effective inter vivos conveyance that cannot be revoked by a later will.

Sierra Leone — Court of Appeal · 2018

Principle established: The Attorney-General, as principal legal adviser to the Government, may institute proceedings for the recovery of state land held under a lease agreement.

Malawi · 2026

Principle established: A court may set aside a default judgment if the defendant demonstrates a prima facie defense on the merits and provides a reasonable explanation for the failure to file a defense.

Sierra Leone — African Law Reports · 1950-56

Principle established: A recital in a pre-1933 deed stating that property was purchased by a married woman for her separate use creates merely a rebuttable presumption in her favour.

Sierra Leone — African Law Reports · 1972-73

Principle established: A purchaser may rescind a land sale contract and recover their deposit if the vendor cannot complete, and beneficiaries cannot sell estate land under administration without a vesting deed.

Uganda · 2024

Principle established: The court evaluates whether a purchaser of land qualifies as a bona fide purchaser for value without notice by examining the circumstances of the title transfer and the knowledge of the parties.

Uganda · 2015

Principle established: Legal representatives of an estate may maintain or defend actions regarding the title to land previously held by a deceased proprietor, especially where mental capacity is at issue.

Uganda · 2025

Principle established: A temporary injunction may be granted to restrain the alienation of land or interference with possession pending the determination of a substantive suit concerning the rectification of land titles.

Sierra Leone — African Law Reports · 1967-68

Principle established: To establish part performance taking an oral land agreement outside the Statute of Frauds, the acts relied upon must refer to an existing contract and the agreement must be specifically enforceable.

Uganda · 2019

Principle established: The court addressed a dispute between two parties who purchased the same land from the same owner, focusing on the priority of registered interests and caveats.

Sierra Leone — African Law Reports · 1972-73

Principle established: A party seeking a declaration of title in fee simple must establish at least forty years' good root of title; clear operative provisions of a deed prevail over inconsistent recitals.

Sierra Leone — Court of Appeal · 1973

Principle established: A party claiming a declaration of title in fee simple must establish at least forty years' good root of title, and an overhanging cornice constitutes nuisance rather than trespass.

Malawi · 2024

Principle established: A lender exercising a power of sale over secured property must ensure that only items forming part of the security are included in the sale.

Sierra Leone — Court of Appeal · 2024

Principle established: Disputes involving the validity of land conveyances and the use of property as collateral for debts require clear evidence of the parties' intentions and the execution of legal instruments.