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The Village Land Act R.E. 2002

The Village Land Act R.E. 2002

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(ii)forbidding action to be taken under this section.(4) A village council shall comply with any directive or notice received from theCommissioner under subsection (3).(5) Where a village council has been authorised to proceed under this section, it shall servea notice, to be known as a `notice of temporary assignment' in the prescribed form on theoccupier referred to in subsection (1) requiring him to show cause as to why his customaryright of occupancy should not be assigned to another person ordinarily residing in the villagefor a specified period of time.(6) <strong>The</strong> occupier who has been served with a notice of temporary assignment shall respondto that notice, either in person or through a representative within the time specified in thenotice, and may adduce any evidence which he considers necessary to enable him to showcause as to why a temporary assignment of his customary right of occupancy should not takeplace.(7) Where the occupier has not responded to the notice or has failed to show cause, to thesatisfaction of the village council as to why a temporary assignment of his customary right ofoccupancy should not take place, the village council shall serve on that occupier an order, tobe known as a `conditional order of temporary assignment' in the prescribed form.(8) A conditional order of temporary assignment shall–(a)(b)(c)(d)specify the length of time, being a period of not less than one year nor more than forthe duration of the life of the occupier, for which his customary right of occupancy is tobe temporarily assigned;state the name of the person or persons to whom the customary right of occupancy isto be temporarily assigned;set out the rights and duties of the person against whom the order is being made inrelation to the assignee;specify the date, being not less than sixty days from the date of the conditional order,on which the village council will apply to the court for the conditional order to be madeabsolute.(9) <strong>The</strong> persons to whom a temporary assignment of a customary right of occupancy shallbe made and the order in which they shall be offered that temporary assignment are–(a)(b)where the occupier has a spouse living with the occupier and working on the land,that spouse;where the occupier is a man and has more than one spouse living with him andworking on the land, those spouses as joint occupiers without the power to sever the

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