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The Court of Appeal held that an administrator’s sale of estate land was invalid because statutory requirements were not met, and it rejected relief beyond the pleadings.
The appeal and cross-appeal lack merit. The tribunal correctly found the 2nd respondent lawfully purchased the property from the duly appointed administratrix. The requirements of sections 67 and 68 of the Land Registration Act did not apply as the property was not a registered estate within the meaning of the Act, but rather subject to a letter of offer. The appellant failed to prove his title or to act as administrator as directed. The tribunal considered relevant evidence and gave reasons for departing from assessors' opinions. Non-payment of the full purchase price did not invalidate the…
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