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The High Court dismissed a land appeal, finding no proved deemed right of occupancy, no basis for compensation, no substantiated bias, and a correctable decree error.
Compensation must be paid to holders of deemed rights of occupancy before their rights are extinguished and land is validly allocated to another; failure to compensate means title does not validly pass. However, compensation for improvements made after the survey without justification is not due.
Source excerpt
The respondent, Yusta Chaki, is the lawful owner of the disputed land as she acquired it under native law and custom in 1989, and her rights were not extinguished by the subsequent letter of offer issued to others. A letter of offer does not vest title, and the Sale of Goods Ordinance is inapplicable to land. The appeal is dismissed with costs.
Source excerpt
The first plaintiff's deemed right of occupancy over Farm 3 was extinguished upon payment of compensation for unexhausted improvements, and the subsequent allocation of Farm 3 to the first defendant was lawful and properly executed by the planning authority. The plaintiffs' claim fails on the balance of probabilities.
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