JUDGMENT

Abdul Rahman Sebli CJSS (Majority):

[1] This appeal concerns the indefeasibility of a land title that was transferred to a subsequent purchaser under s 340(3) and vested in it by s 89 of the National Land Code ("the Land Code") which reads as follows:

"Section 89

Conclusiveness of register of documents of title

Every register document of title duly registered under this Chapter shall, subject to the provisions of this Act, be conclusive evidence-

(a) that title to the land described therein is vested in the person or body for the time being named therein as proprietor; and

(b) of the conditions, restrictions in interest and other provisions subject to which the land is for the time being held by that person or body, so far as the same are required by any provision of this Act to be specified or referred to in that document."

[2] While the provision provides for conclusiveness of title, the conclusiveness of the title is "subject to the provisions of this Act". A provision of the Act that s 89 is subject to is s 340 which confers indefeasibility of title upon registration except in certain circumstances, which means indefeasibility of title is not absolute even after registration. The section is reproduced below:

"Registration to confer indefeasible title or interest, except in certain circumstances

340. (1) The title or interest of any person or body for the time being registered as proprietor of any land, or in whose name any lease, charge or easement is for the time being registered, shall, subject to the following provisions of this section, be indefeasible.

(2) The title or interest of any such person or body shall not be indefeasible-

(a) in any case of fraud or misrepresentation to which the person or body, or any agent of the person or body, was a party or privy; or

(b) where registration was obtained by forgery, or by means of an insufficient instrument or void instrument; or