ECC 4229/70

This case involved a request to dismiss the registration of piece of land as it was claimed that the land was registered in the name of a trustee who was wrongly trying to sell it. The court had been wrong to ignore a previous ruling that had confirmed the registered holder of the land owned it.

Background

A claimant filed a case against two defendants and requested the court order the relevant body to release an ownership document for real estate to them and dismiss the registration of the real estate under the second defendant's name. The claimant stated they owned land registered under the name of the second defendant (her mother) because the latter was a trustee for her. The claimant stated her mother had started to sell the land although she did not own it.

The purchaser of the real estate filed a case and requested the court order the defendants and other claimant to register the land under his name.

The court rejected the buyer's intervention and ruled the possession of the real estate should be transferred to the claimant.

The purchaser appealed the ruling before the court of appeal. The court upheld the appealed ruling.