Mohamadu Hamidu vs Rahimut Tu Natchia – clr volume 2 page 032

In the case between the plaintiff (seeking to eject the defendants, including the widow and daughter of the donor) and the defendants (claiming title through an earlier executed gift deed), the court addressed the proper interpretation of the Land Registration Ordinance, 1863, as it pertains to conveyances without valuable consideration, the evidentiary requirements for gift deed execution, and the sufficiency of claims based on possession and prescription under the Prescription Ordinance. It was held that registration of a gift deed does not confer priority in the absence of valuable consideration, and that properly executed evidence, including notarial testimony, is required to validate the instrument. Prescription claims were examined and found insufficient. The court reversed the lower