Patterson and Another v Kanji
Patterson and Another v Kanji (Civil Appeal No. 83 of 1955) [1950] EACA 106 (1 January 1950)
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…
Source excerpt
- Right Of Occupancy
- Oral Tenancy Agreements
- Statutory Approval Requirements
- Estoppel
- Landlord Tenant Disputes