The Village Land Act R.E. 2002
The Village Land Act R.E. 2002 The Village Land Act R.E. 2002
each,and shall in all cases where the village counsel is minded to proceed to take action on abreach, first issue a warning to the occupier advising him that he is in breach of the conditionsof the customary right of occupancy and how he may rectify that breach.39. Remedies in accordance with customary law(1) Where a village council proposes to exercise any customary law remedy or a breach of acondition imposed under and in accordance with customary law, it shall–(a)inform the person alleged to have committed the breach of–(i)(ii)(iii)(iv)the alleged breach;the proposed remedy;where some act or thing is required to be done, the time, being not less thantwenty-one days, within which it must be done;the consequences of a failure to remedy the alleged breach;(b)(c)give the person alleged to have committed the breach an opportunity, of not less thanfourteen days notice, to make representations on the matter;take all such representations into account before determining whether to proceed toexercise a customary law remedy.(2) A customary law remedy which permits or requires that a person be deprived of his land,either for a stated period or permanently, shall not take effect unless and until theCommissioner has assented to that remedy.(3) Where the village council propose to exercise the remedy referred to in subsection (2), itshall–(a)(b)(c)(d)inform the Commissioner in writing of the proposal and the reasons for it;provide the Commissioner with any material which was before it, including a summaryof any representations made under paragraph (b) of subsection (1), when itdetermined to exercise that remedy;provide the Commissioner with any additional information which the Commissionermay, in writing within twenty-one days of the receipt of the information and materialreferred to in paragraphs (a) and (b), require;not exercise the remedy unless and until the Commissioner has signified, in writing,
his assent to that remedy.(4) Where a village council is required by the Commissioner to provide additionalinformation under paragraph (c) of subsection (3), it shall provide that additional informationwithin forty days of the receipt of the request from the Commissioner.(5) The Commissioner shall signify, in writing, that he assents or that he does not assent tothe remedy referred to in subsection (2) within thirty days after he has received all thatinformation which is referred to in subsection (3).40. Fine for breach of condition(1) Where any breach of a condition has arisen, the village council may serve a notice in theprescribed form on the occupier who has committed the breach requiring him to show cause asto why a fine should not be imposed upon him in respect of that breach.(2) The occupier shall, within the time specified in the notice, respond to the notice.(3) Where the occupier has not responded to the notice or where he has failed to showcause, to the satisfaction of the village council, as to why a fine should not be imposed, thevillage council may serve a notice on the occupier requiring him to pay a fine within any timewhich may be specified in the notice and in the case of a continuing breach, the occupier shallbe liable without further notice to pay a further during which the breach continues.(4) The Minister may make regulations prescribing fines which may be imposed by a villagecouncil in respect of breach of conditions.(5) The village council may, where the occupier has not committed any other breach of acondition of the customary right of occupancy, suspend the payment of any fine of up to twoyears if the occupier does not commit that breach again within the period during which the fineis suspended, the fine shall lapse and shall no longer be payable.(6) Where the fine is paid in full, no further action shall be taken by the village council inrespect of that breach.(7) If the village council is satisfied, after due inquiry, which shall include an opportunity forthe occupier to make representations on the matter, that the breach in respect of which a finehas been paid is continuing or has recommenced, it may take action in respect of thatcontinuing or recommenced breach under section 39 or 41 to 43.41. Summary action to remedy breach of condition(1) Where any breach of condition has arisen, and it appears to the village council that thebreach is capable of being remedied by the occupier who has committed the breach within areasonable time, it may serve a notice in the prescribed form on the occupier specifying theaction required for remedying the breach and requiring the occupier to take that action within
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each,and shall in all cases where the village counsel is minded to proceed to take action on abreach, first issue a warning to the occupier advising him that he is in breach of the conditionsof the customary right of occupancy and how he may rectify that breach.39. Remedies in accordance with customary law(1) Where a village council proposes to exercise any customary law remedy or a breach of acondition imposed under and in accordance with customary law, it shall–(a)inform the person alleged to have committed the breach of–(i)(ii)(iii)(iv)the alleged breach;the proposed remedy;where some act or thing is required to be done, the time, being not less thantwenty-one days, within which it must be done;the consequences of a failure to remedy the alleged breach;(b)(c)give the person alleged to have committed the breach an opportunity, of not less thanfourteen days notice, to make representations on the matter;take all such representations into account before determining whether to proceed toexercise a customary law remedy.(2) A customary law remedy which permits or requires that a person be deprived of his land,either for a stated period or permanently, shall not take effect unless and until theCommissioner has assented to that remedy.(3) Where the village council propose to exercise the remedy referred to in subsection (2), itshall–(a)(b)(c)(d)inform the Commissioner in writing of the proposal and the reasons for it;provide the Commissioner with any material which was before it, including a summaryof any representations made under paragraph (b) of subsection (1), when itdetermined to exercise that remedy;provide the Commissioner with any additional information which the Commissionermay, in writing within twenty-one days of the receipt of the information and materialreferred to in paragraphs (a) and (b), require;not exercise the remedy unless and until the Commissioner has signified, in writing,
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