Gondoram and Another v Gibson (C.A. 18/1930.)
Gondoram and Another v Gibson (C.A. 18/1930.) [1930] EACA 36 (1 January 1930)
The majority of the Court held that the document in question, although termed an 'Indenture', was in substance a licence coupled with a grant and did not create an interest in land requiring registration under the Registration of Titles Ordinance. The use of the word 'Indenture' was found to be without clear appreciation of its legal implications, and the absence of a seal did not render the agreement invalid. The Court distinguished between a lease and a licence, emphasizing that the rights conferred were limited to quarrying and carrying away stones, with no property in the stones until sev…
Source excerpt
- Licence Vs Lease
- Registration Of Titles
- Interest In Land
- Execution Of Deeds
- Indenture Vs Agreement