Ungo Appu vs Babuwe – clr volume 3 page 076

In the case between the plaintiff, a subsequent purchaser at a fiscal sale, and the defendant, a prior purchaser via an earlier registered fiscal conveyance, the court examined the issue of priority of title arising from judicial sales of mortgaged property. It was held that a purchaser acquiring title through an earlier, duly registered conveyance and subsequent possession holds superior title to property over a purchaser at a later execution sale, particularly in the absence of participation in the mortgage suit by the latter. The principle reaffirmed is that registration of a fiscal transfer and establishment of possession take precedence in determining title priority, rooted in the applicable property ordinances and statutory framework. The decision reinforced that subsequent execution