OBED MTEI v RUKIA OMARI 1989 TLR 111

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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