Court agreed with the trial magistrate’s
decision, holding that the gift inter vivos was
valid since it was accompanied by the
certificate of title to the suit land. Court
added that it would be contrary to the spirit
of the constitution to impute the principle
that interest in land could not be orally
transferred as against the appellant.
Court held that the appellant had had
exclusive possession of the suit land for 48
years and it was therefore within his rights to
apply to the commissioner for land
registration to have the land vested to him
under section 147 of the Registration of
Court allowed the appeal, set aside the orders
of the high court.