№ lp_2_3_48320
Explanatory legal notes outlining statutory procedures and judicial interpretation concerning boundary disputes and references to surveyors under the Judicature (Resident Magistrates) Act and related legislation.
Jurisdiction: Resident Magistrates’ Courts
Subject Matter: Boundary disputes and related land disputes
Legal Framework: Judicature (Resident Magistrates) Act, Section 97
Related Provisions: Section 98; Section 101; Section 104 of Law 28 of 1904 (now Section 101 of Cap 179); Law 39 of 1927, Section 102
Procedure Type: Special statutory proceedings
Key Legal Concepts: Boundary plaint; question of title; reference to surveyor; easements; rights of way
Judicial Authorities Cited: Whitelocke vs. Campbell (1970) 12 J.L.R. 67; Cox v. Shields (1909) 9 S.C.J.B. 89; 1 Stephens Reports 352; McNish v. Murray (1924) Adrian Clark’s Reports 161; Holmes v. Ricketts (1879) 2 Stephens’ Reports
Court Officers Involved: Resident Magistrate; Parish Judge; Commissioned Surveyor
Nature of Proceedings: Civil proceedings concerning adjoining lands
Scope of Application: Disputes concerning boundary lines, rights of way, water rights, and other easements affecting land
Price: 8 / 10 USD
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