Abubaker v Principal Registrar of Crown Lands, Commissioners of Stamp Duties (Civil Appeal No. 8 of 1953; Civil Suit No. 48 of 1953) [1953] EACA 2 (1 January 1953)
Court
East African Court of Appeal
Case number
Civil Appeal No. 8 of 1953 ; Civil Suit No. 48 of 1953
Judge
Harley J
The court held that a vesting order had to comply with land registration requirements and was dutiable as a conveyance under the Stamp Ordinance.
Abubaker v Principal Registrar of Crown Lands and Others (Civil Appeal No. 8 of 1953 and Miscellaneous Civil Suit No. 48 of 1952 (Consolidated)) [1953] EACA 51 (1 January 1953)
Court
East African Court of Appeal
Case number
Civil Appeal No. 8 of 1953 and Miscellaneous Civil Suit No. 48 of 1952 (Consolidated)
Judge
Harley J
The court held that the term 'conveyance' must be interpreted broadly to include any instrument transferring an interest in land, unless specifically limited by statute. There was nothing in the relevant Kenyan Ordinances to exclude vesting orders from the requirements applicable to conveyances or transfers, including the need for a clearance certificate for unpaid municipal rates. Furthermore, the definition of 'conveyance' in the Stamp Ordinance is inclusive and encompasses vesting orders, making them liable to ad valorem duty. The appellant, having become the sole owner by virtue of the ve…
