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The appeal is dismissed because the previous Tribunal decision in Application No. 229 of 2009 conclusively determined the issue of ownership on its merits, and the subsequent attempt to legalize the sale does not create a new cause of action. The doctrine of res judicata applies, barring the appellant from relitigating the same subject matter between substantially the same parties.
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Although the transfer was invalid due to lack of capacity and registration, Saleh is protected as a bona fide purchaser for value without notice of fraud or encumbrance; suit dismissed.
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Even if the sale to the respondent was invalid for lack of proper administration, the appellant failed to prove his own ownership, and the land remains an unadministered estate; thus, the appeal fails.
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The doctrine of adverse possession was inapplicable as the respondent's claim was based on purchase, not trespass, and the statutory period had not elapsed. Although the initial seller lacked capacity, the true owner subsequently ratified the sale and entered into a new agreement (novation) with the respondent, thereby validating the respondent's title to the disputed land.
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