Souhail Crayem & Anor V. Consolidated African Selection Trust Limited Of Accra (1949)

LawGlobal Hub Judgment Report – West African Court of Appeal

Claim for possession—Tenants exercising option to renew—Gold Coast LandRegistry Ordinance—Priority of instruments—Notice of tenant’s rights tograntees or lessees of property let—Constructive notice.

Facts

The facts are fully set out in the judgment.

Held

(i) the language of the Gold Coast Land Registry Ordinance cannot be construed as giving absolute priority to an instrument by reason only of its registration;

2. section 20 of that Ordinance is confined to determining priority only as between written instruments;
3. a later instrument can by registration obtain priority over an earlier one only if it was obtained without fraud and without notice of the earlier unregistered instrument;
4. a tenant’s occupation or possession is constructive notice of that tenant’s rights to a purchaser, mortgagee, or lessee of the property;
5. where a tenant in possession holds under a lease, a party who proposes to take a lease of the same land is bound to enquire on what terms the lessee is in possession, and the fact that the landlord misinforms him of the contents of the lease does not relieve him of that onus.

Appeal dismissed.