Facts
The parties in this case occupied land next to each other. One of them sent surveyors to measure and demarcate the land in the absence of the other. As a result of the survey a piece of land was taken away from the land of that other and incorporated in the deed plan of the person who sent the surveyors.
Held: (i) Before making any survey it is the duty of the land officer to make sure that all third party interests are cleared and if it is a farm the Land Officer must see to it that the owners agree on the boundaries;
(ii) since the procedure was not followed the survey should be conducted again. Appeal allowed in part.
Case Information
Order accordingly.
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