Subsequent Registered Purchaser Overrides Unrecorded Prior Purchaser

A vendor sold land to a buyer under a private agreement, but the buyer failed to formally record the deed as required by law, and subsequently, the vendor sold the same property to a second buyer who did register their deed. The original buyer sued to have the second sale declared null and void, asserting their prior right as the first purchaser, but the court of appeal upheld the validity of the second sale, finding that in the absence of a prior registration by the first buyer, the subsequent registered purchaser, acting in good faith, acquired legal title. The high court upheld this decision, reasoning that under the relevant property law, the failure to register a transfer of ownership prevents the right from being enforceable against third parties, meaning the second buyer who duly registered their deed legally superseded the unregistered prior purchaser.