Case No.:

AC-CP-24-1961

Court:

Court of Appeal

Issue No.:

1962

Principles

·  Pre-empton_Accrual of right I—sale of registered land must be completed by registra tion

First defendant sold registered land to second defendant by native deed not registered in the Land Registry. Plaintiff, a registered owner of an undivided share, brought this action claiming pre-emption upon the sale.
Held: The suit is premature since the right of pre-emption upon a sale of registered land does not accrue until the sale is completed by the entrance in the land register of the name of the purchaser as proprietor.

Judgment

(COURT OF APPEAL) *

EL AFIA MOHAMED EL AMIN v. AISHA MOHAMED FADL

 AND ANOTHER

AC-CP-24-1961

Pre-empton_Accrual of right I—sale of registered land must be completed by registra tion

First defendant sold registered land to second defendant by native deed not registered in the Land Registry. Plaintiff, a registered owner of an undivided share, brought this action claiming pre-emption upon the sale.

Held: The suit is premature since the right of pre-emption upon a sale of registered land does not accrue until the sale is completed by the entrance in the land register of the name of the purchaser as proprietor.

Advocate: Abdel Wahab Abu Shakima ... for plaintiff. applicant

M. A. Abu Rannat C June 13. 1961: —The facts of this case are these The first defendant, Asha Mohamed Faddy, agreed to sell her share which comprises one kirat and ii sahams in sagia 2!, Gezirat Ed Dueim of Merowe District, to the second defendant, Ahmed El Hassan Abu Fidya, for £S.34 a native deed of sale which was not registered in the Land Registry. The plaintiff. El Afia Mohamed El Amin, is the registered owner of an undivided share comprising 13 sahams, claimed a right of pre-emption in respect of the kirat and t i sahams sold to the second defendant.

The District Judge heard the case and dismissed the plaintiff’s claim, and on an application for revision, the Province Judge, Northern Province, dismissed the application summarily.

The plaintiff applied to us against the decision of the Province Judge and the District Judge on the ground that the plaintiff’s application was premature.

It is agreed by both parties that the sale between Asha (first defendant) and Ahmed El Hassan Abu Fidya (second defendant) was not registered, and that the land itself is registered.

Following the decision of this court in the case of Au Mohamed Au v Mohamed Salih and Beshir El Nifeld, AC-REV-33- (1954) Digest No. 20, “the right to pre-empt does not arise until the sale is ‘completed’ (section 15 (1) of the Ordinance).” The digest of that case states:

“In English law completion of a contract of sale of unregistered land consists in the conveyance and acceptance of a good title, the delivery and taking of possession and payment of the price: in registered land, the transaction is completed by entering in the register the name of the purchaser as proprietor of the land sold. Interpreting the Pre Ordinance in the light of these principles and of the Land Settlement and Registration Ordinance 1925, ‘completion’ of a sale of registered land means registration of the sale, and the right of pre-emption does not arise until the sale deed in the form prescribed under the Land Settlement and Registration Ordinance is executed and registered.”

In the present case, no right of pre-emption had arisen and the whole suit was premature.

Application dismissed and no order is made as to costs.

A. R. El Nut P.J.: —I concur.

Court: AL A. Abu Rannat C.J. and A. R. El Nur P.J.