The Village Land Act R.E. 2002
The Village Land Act R.E. 2002 The Village Land Act R.E. 2002
joint occupancy;(c)(d)(e)where the occupier has no spouse or if a man spouses, living with that occupier andworking on the land, or the spouse, as the case may be, all the spouses decline totake the customary right of occupancy on a temporary assignment, those of the adultdependants of the occupier living with that occupier and working on the land as jointoccupier without the power to sever the joint occupancy;where there are no persons in the categories set out in paragraphs (a), (b) or (c) or allthose persons have declined to take the customary right of occupancy on a temporaryassignment, not more than two of the persons who may be a brother, half-brother,sister or half-sister to the occupier, who are ordinarily residing in the village as jointoccupiers without the power to sever the joint occupancy;where there are no persons in the categories set out in paragraphs (a), (b), (c) or (d),or all those persons have declined to take the customary right of occupancy on atemporary assignment, not less than two or more than four villagers, who shall befrom the same clan as the occupier nominated by the village council and approved bythe Commissioner as joint occupiers without the power to sever the joint occupancy.(10) Any person who takes a temporary assignment of a customary right of occupancy shallact as and shall be deemed to be, in relation to the land which is the subject to the temporaryassignment, a trustee of that land, the beneficiary of which is the person from whom thetemporary assignment has been taken.(11) A person shall not be disqualified from taking a temporary assignment of a customaryright of occupancy under this section only on the grounds that by so doing, he would beoccupying land in excess of the prescribed maximum for that village.(12) Any person may make an application to a court having jurisdiction over land matters tomake a conditional order of temporary assignment absolute that court shall consider the matterde novo and hear the occupier and the village council and may–(a)(b)(c)(d)(e)(f)make absolute the order specified by the village council;amend the order specified by the village council and make that amended orderabsolute;suspend the operation of the order for a specified period;substitute an alternative remedy for the order;dismiss the application and rule that the order be discharged;make any ancillary order which appear to the court to be just and proper in all the
circumstances of the case.(13) An order of temporary assignment absolute shall, without more, operate as anassignment of the customary right of occupancy to which it refers to the assignee or assigneesnamed in the order.(14) A village council shall–(a)(b)(c)hold that customary right of occupancy on the same terms and conditions as theoccupier who, prior to the assignment, held that customary right of occupancy;have no power to assign that customary right of occupancy;where the former occupier wishes to continue to reside on the land–(i)(ii)grant that former occupier a residential licence to reside on the land subject toany terms and conditions which the village council shall approve or which may beprescribed;provide that former occupier with sufficient income for him to be able to meet hisbasic needs;(d)apply any surplus income derived from the land in the following order to–(i)(ii)(iii)(iv)paying any taxes or other public imposts owned by the former holder of thecustomary right of occupancy;repairing any damage done to the land by the former holder of the customaryright of occupancy;meeting any obligations which the former holder of the customary right ofoccupancy has to his family which he has not met or is not meeting;paying the residue to the former holder of the right of occupancy.44. Revocation of customary right of occupancy(1) The President may revoke a customary right of occupancy granted to a non-villageorganisation or a group of persons not being villagers.(2) The provisions of sections 46 and 47 of the Land Act *(48), which relates to fines forbreach of condition and to summary action to remedy breach of condition of customer right ofoccupancy respectively shall, as near as may be, apply to the revocation of a customary rightof occupancy as they apply to the revocation of a granted right of occupancy provided for inthose sections.(3) The Commissioner may direct the village council of the village where the land held of a
- Page 5 and 6: "general land" means all public lan
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joint occupancy;(c)(d)(e)where the occupier has no spouse or if a man spouses, living with that occupier andworking on the land, or the spouse, as the case may be, all the spouses decline totake the customary right of occupancy on a temporary assignment, those of the adultdependants of the occupier living with that occupier and working on the land as jointoccupier without the power to sever the joint occupancy;where there are no persons in the categories set out in paragraphs (a), (b) or (c) or allthose persons have declined to take the customary right of occupancy on a temporaryassignment, not more than two of the persons who may be a brother, half-brother,sister or half-sister to the occupier, who are ordinarily residing in the village as jointoccupiers without the power to sever the joint occupancy;where there are no persons in the categories set out in paragraphs (a), (b), (c) or (d),or all those persons have declined to take the customary right of occupancy on atemporary assignment, not less than two or more than four villagers, who shall befrom the same clan as the occupier nominated by the village council and approved bythe Commissioner as joint occupiers without the power to sever the joint occupancy.(10) Any person who takes a temporary assignment of a customary right of occupancy shallact as and shall be deemed to be, in relation to the land which is the subject to the temporaryassignment, a trustee of that land, the beneficiary of which is the person from whom thetemporary assignment has been taken.(11) A person shall not be disqualified from taking a temporary assignment of a customaryright of occupancy under this section only on the grounds that by so doing, he would beoccupying land in excess of the prescribed maximum for that village.(12) Any person may make an application to a court having jurisdiction over land matters tomake a conditional order of temporary assignment absolute that court shall consider the matterde novo and hear the occupier and the village council and may–(a)(b)(c)(d)(e)(f)make absolute the order specified by the village council;amend the order specified by the village council and make that amended orderabsolute;suspend the operation of the order for a specified period;substitute an alternative remedy for the order;dismiss the application and rule that the order be discharged;make any ancillary order which appear to the court to be just and proper in all the
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