Meralli and Company Limited v Parker, Togossoff and Company Limited (Civil Suit No. 1542 of 1953) [1956] EACA 19 (1 January 1956)
Court
East African Court of Appeal
Case number
Civil Suit No. 1542 of 1953
Judge
Rudd J
The court held that an oral sublease with delivery of possession created a valid tenancy, and that lack of written consent did not defeat rent recovery.
Patterson and Another v Kanji (Civil Appeal No. 83 of 1955) [1950] EACA 106 (1 January 1950)
Court
East African Court of Appeal
Case number
Civil Appeal No. 83 of 1955
Judge
Bacon, JA, Mahon, ACJ (Tanganyika), Worley, P
The Court of Appeal held that regulation 3 of the Land Regulations, 1948, applies to all dealings with a right of occupancy, whether oral or written, and renders such transactions inoperative unless approved by the Governor. The respondent's attempt to enforce a claim for rent under an oral tenancy agreement, without the required statutory approval, was an attempt to rely on a transaction declared inoperative by law. The doctrine of estoppel cannot override statutory requirements; there can be no estoppel against an Act of Parliament. The High Court erred in holding that regulation 3 only app…