InkElites LMS

THE DOCTRINE OF NOTICE

EQUITY & TRUST | Page 8 of 16
Watch Course Video on InkElites LMS
be told by the lessor that there is no restrictive covenant, that that representation will in equity do away with the effect of constructive notice. I entirely dissent from that proposition. Constructive notice of a deed is constructive notice of its contents …. If therefore you have notice of a deed relating to the title, and forming part of the chain of title, you have notice of the contents of that deed, and it is no excuse for not asking to look at it to say that you were told that the deed contained nothing which it was necessary for you to look at. Otherwise, in every case, you might be satisfied with a statement of the contents of the deed without going to look at it Of course, there may be cases when the deed cannot be got at or for some other reason where, with all the exercise of prudence in the world, you cannot see it, and then there may be no constructive notice; but that is another question; Where you know, it is no answer at all to be told that it does not prejudicially affect your title.” In Crayen v. Consolidated African Selection Trust Ltd (1949) 12 W.A.C.A. 443 at 448, the plain- tiffs took a lease of a property that was subject to an equitable lease of the defendant who was in possession. The defendant's lease agreement contained an option for renewal. When the defendant proposed to exercise his option to renew in accordance with the terms of his lease, the plaintiffs brought this action claiming possession on the ground that they had no notice of the defendant's option to renew. In support of this contention, they relied on the information given to them by the lessor. Lewey, J.A., delivering the judgement of the West African Court of Appeal said: 'Having regard to the authorities and the circumstances of the present case, we hold that the