Somawathie vs. Wilmon and Others – sllr 2010 volume 1 page 128

In the case between the appellant (seeking an undivided one-third share of land) and respondents including the 4th respondent, the Supreme Court addressed whether a deed of gift was validly accepted and whether the issue of non-acceptance could be raised for the first time on appeal. The findings established that acceptance of the deed was validly effected through the signature of the donees’ mother and that introducing a new ground at the appellate stage requires satisfaction of established legal criteria. The prior High Court decision was held to be erroneous, and the District Court’s judgment granting an undivided one-third share to the appellant was restored. The decision reiterated the principle that acceptance of a deed of gift need not always be express on the face of the instrument