The Village Land Act R.E. 2002
The Village Land Act R.E. 2002 The Village Land Act R.E. 2002
available for allocation to persons ordinarily resident in the village.(10) The village council shall, on a claim being made within sixty days of the coming intoeffect of a final order of abandonment by an occupier of land declared by that final order to beabandoned, on being satisfied by that claim, pay compensation for any unexhaustedimprovements on that land at the time of the coming into effect of the final order, but shall,where the occupier is an individual after taking account of the means, age and physicalcondition of that occupier, deduct from any payment or compensation–(a)(b)all the costs incurred by the village council in the process of declaring the land to beabandoned, including any costs incurred in any action in court where a personclaiming an interest in the land is applying for relief from a provisional order;all the costs incurred in restoring the land or any buildings on the land to the conditionthat it would be reasonable to expect they should have been in if they had not beenabandoned,any rent, taxes, fees or other dues owing and not paid by the occupier.(11) A village council shall record a provisional and a final order of abandonment in theregister of village land.46. Application for relief(1) An occupier referred to in sections 39 to 45 may apply to a Court having jurisdiction forrelief against any of the actions, notices, orders, or declarations which may be made againsthim by the village council or the Commissioner under any of those sections.(2) Where the effect of an action, notice, order or declaration made under any of thereferred sections adversely affects any other person with an interest in land of the occupieragainst whom the action, notice, order or declaration has been made, that other person may,with leave of the court, apply for relief against so much of the action, notice, order ordeclaration that affects him.(3) Where an application is made by one or more but not all co-occupiers, then unless thecourt orders otherwise, that application must be served on every co-occupier who is notalready a party.(4) An application for relief is not to be taken as an admission by the occupier or any otherperson applying for relief that–(a)(b)there has been a breach of condition or an abandonment of land in respect of whichthe action, notice order or declaration has been served;by reason of that breach or abandonment, the village council or Commissioner hasthe right to revoke the customary right of occupancy or make a declaration of
abandonment;(c)(d)all notices which were required to be served by the village council were properlyserved;a period for remedying the breach was reasonable.(5) A court may grant any relief against the operation of an action, notice, order, ordeclaration which the circumstances of the case require and without limiting the generality ofthat power, may–(a)(b)(c)(d)(e)cancel that notice, order or declaration;vary the operation of that action, notice, order or declaration;postpone the operation of that notice, order or declaration;substitute a different remedy for the one determined upon by the village council orCommissioner;confirm the action, notice, order, or declaration made, notwithstanding that someprocedural errors took place during the making of that action, notice, order ordeclaration if the court is satisfied that–(i)(ii)the occupier or other person applying for relief was made fully aware of thesubstance of the action, notice, order or declaration; andno injustice will be done by confirming that action, notice, order or declaration,and may grant that relief on any condition as to expenses, damages, compensation or anyother relevant matter which the court thinks fit.47. Appeals(1) An applicant for–(a)(b)(c)(d)the grant of a customary right of occupancy; orapproval to the assignment of a customary right of occupancy;approval to any disposition of a derivative right which requires consent;the grant of a derivative right by a village council,who is refused that grant or approval by a village council or where that grant or approvalrequires the confirmation or approval of the village assembly, is refused that confirmation orapproval may appeal against that refusal to the District Council having jurisdiction over wherethe land the subject of appeal is situate and may further appeal to the Commissioner and
- Page 9 and 10: this section.(2) For the purposes o
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- Page 13 and 14: A: Management and Administration (s
- Page 15 and 16: (7) A certificate of village land s
- Page 17 and 18: issue and advise the village counci
- Page 19 and 20: (i)(ii)to give groups an opportunit
- Page 21 and 22: (3) The district council shall prov
- Page 23 and 24: (7) Persons who traditionally and i
- Page 25 and 26: jurisdiction of any village establi
- Page 27 and 28: that village;(h)(i)inheritable and
- Page 29 and 30: direction of the Registrar.B: Grant
- Page 31 and 32: (ii)(iii)(iv)(v)the contribution th
- Page 33 and 34: any tax or due to the village counc
- Page 35 and 36: (2) of section 23;(b)from a non-vil
- Page 37 and 38: e obtained and no building will be
- Page 39 and 40: (e)is to be made to a person who oc
- Page 41 and 42: (9) An approval of a derivative rig
- Page 43 and 44: (iii)(iv)approval or refused by the
- Page 45 and 46: of the Land Act *(47) relating to l
- Page 47 and 48: the responsibility for paying any d
- Page 49 and 50: (1) Upon any breach of any conditio
- Page 51 and 52: his assent to that remedy.(4) Where
- Page 53 and 54: (c)take no further action on the ma
- Page 55 and 56: (ii)forbidding action to be taken u
- Page 57 and 58: circumstances of the case.(13) An o
- Page 59: (a)(b)(c)is not and has not for not
- Page 63 and 64: the village council,that village co
- Page 65 and 66: village council shall, as soon as m
- Page 67 and 68: other member presiding and the vill
- Page 69 and 70: provisional adjudication record whi
- Page 71 and 72: the case may be, an adjudication of
- Page 73 and 74: authorised representative of each p
- Page 75 and 76: shall be-(a)(b)nominated by the vil
- Page 77 and 78: (5) A member of an village land cou
- Page 79 and 80: any person authorised under this Ac
- Page 81 and 82: (3) Any form prescribed under this
- Page 83 and 84: Cap. 11313 (Popup - Popup)Cap. 1131
- Page 85 and 86: Cap. 31837 (Popup - Popup)Act No. 1
available for allocation to persons ordinarily resident in the village.(10) <strong>The</strong> village council shall, on a claim being made within sixty days of the coming intoeffect of a final order of abandonment by an occupier of land declared by that final order to beabandoned, on being satisfied by that claim, pay compensation for any unexhaustedimprovements on that land at the time of the coming into effect of the final order, but shall,where the occupier is an individual after taking account of the means, age and physicalcondition of that occupier, deduct from any payment or compensation–(a)(b)all the costs incurred by the village council in the process of declaring the land to beabandoned, including any costs incurred in any action in court where a personclaiming an interest in the land is applying for relief from a provisional order;all the costs incurred in restoring the land or any buildings on the land to the conditionthat it would be reasonable to expect they should have been in if they had not beenabandoned,any rent, taxes, fees or other dues owing and not paid by the occupier.(11) A village council shall record a provisional and a final order of abandonment in theregister of village land.46. Application for relief(1) An occupier referred to in sections 39 to 45 may apply to a Court having jurisdiction forrelief against any of the actions, notices, orders, or declarations which may be made againsthim by the village council or the Commissioner under any of those sections.(2) Where the effect of an action, notice, order or declaration made under any of thereferred sections adversely affects any other person with an interest in land of the occupieragainst whom the action, notice, order or declaration has been made, that other person may,with leave of the court, apply for relief against so much of the action, notice, order ordeclaration that affects him.(3) Where an application is made by one or more but not all co-occupiers, then unless thecourt orders otherwise, that application must be served on every co-occupier who is notalready a party.(4) An application for relief is not to be taken as an admission by the occupier or any otherperson applying for relief that–(a)(b)there has been a breach of condition or an abandonment of land in respect of whichthe action, notice order or declaration has been served;by reason of that breach or abandonment, the village council or Commissioner hasthe right to revoke the customary right of occupancy or make a declaration of
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