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The High Court dismissed a land appeal, holding that the respondent proved the disputed land was jointly acquired with her late husband and that the appellant offered no proof to the contrary.
The appellant, although legally appointed as administratrix, lacked capacity to dispose of the deceased's registered property without first being registered as owner under section 67 of the Land Registration Act. The requirement is mandatory and not a mere procedural irregularity. Additionally, the appellant failed to prove sole ownership of the disputed house by the deceased.
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The appeal is not incompetent due to its title; the respondent was properly sued as the surviving co-occupier; evidence supports that the disputed land was joint property and not part of the deceased's estate; the trial tribunal's decision is upheld.
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