The Village Land Act R.E. 2002
The Village Land Act R.E. 2002 The Village Land Act R.E. 2002
further to the Court.48. Application of this SubpartC: Adjudication of Interest in Land (ss 48-59)Except where the boundaries of and interest in land is registered under any law applicableto the registration of village land, or notwithstanding such registration, the boundaries andinterests in land are fully accepted and agreed to by all persons with an interest in that landand in respect of the boundaries of that land and land bordering that land, no grant of acustomary right of occupancy shall be made to any person, group of persons or non-villageorganisation unless and until the boundaries of and interest in that land have been adjudicatedin accordance with the provisions of this Subpart.49. Spot adjudication(1) A person, group of persons or non-village organisation may, on making an application toa village council for a customary right of occupancy, apply, on a prescribed form to that villagecouncil for adjudication, to be known as "spot adjudication" to be applied to that land in respectof which they have applied for a customary right of occupancy.(2) The village council shall determine whether spot adjudication may be applied to the landin respect of which it has been requested or whether it is necessary, in order for adjudication tobe applied to land in a proper and just manner, to apply adjudication to land contiguous to or inthe vicinity of the land for which adjudication has been requested.(3) Where the village council determines that spot adjudication may be applied to the land, itshall commence the process of adjudication in respect of that land.(4) Where the village council determines that it is necessary to apply adjudication to landcontiguous to and in the vicinity of the land for which adjudication has been requested, it shall–(a)(b)(c)submit the determination in the form of a recommendation to the village assembly forits approval;inform the District Council having jurisdiction over that village of the determination andthe reasons for it;inform the applicants of the determination and the reasons for it.(5) Where, either–(a)(b)a village assembly rejects the recommendation of the village council submitted to itunder paragraph (a) of subsection (3); oran applicant for adjudication submits an objection, in writing, to the determination to
the village council,that village council shall report that rejection or as the case may be send a copy of thatobjection to the District Council having jurisdiction over that village.(6) The District Council may, if that considers that spot adjudication ought to be applied toland for which it has been requested, notwithstanding the determination by the village councilmade under subsection (2), after taking account of the rejection by the village assembly of, orthe objection by an applicant for spot adjudication to that determination by the village council,direct that village council to apply spot adjudication to the land of the applicant.(7) A village council shall comply with a directive issued to it by the district council under thissection.50. Village or district adjudication(1) Adjudication shall be either–(a)(b)village adjudication; ordistrict adjudication.(2) The responsibility for village adjudication is hereby vested in the village council and shallbe conducted in accordance with the provisions of this section or section 54.(3) The responsibility for central adjudication is hereby vested in the District Council andshall be conducted in accordance with the provisions of section 56.(4) Where a complaint is made to the district council by not less than twenty persons withinterests in land to which village adjudication is being applied that the village adjudication isbeing applied improperly or unfairly, the district council shall investigate the complaint and onbeing satisfied of the accuracy of the complaint, the district council shall–(a)(b)issue any directive which it considers necessary to the village council to correct andimprove the process of village adjudication; orissue a directive to the village council to–(i)(ii)(iii)cease exercising any powers under the process of village adjudication;send all records and other information specified in the directive to the districtcouncil;cooperate fully with any officers whom the district council shall authorise to applycentral adjudication to the land to which village adjudication was being applied.
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the village council,that village council shall report that rejection or as the case may be send a copy of thatobjection to the District Council having jurisdiction over that village.(6) <strong>The</strong> District Council may, if that considers that spot adjudication ought to be applied toland for which it has been requested, notwithstanding the determination by the village councilmade under subsection (2), after taking account of the rejection by the village assembly of, orthe objection by an applicant for spot adjudication to that determination by the village council,direct that village council to apply spot adjudication to the land of the applicant.(7) A village council shall comply with a directive issued to it by the district council under thissection.50. <strong>Village</strong> or district adjudication(1) Adjudication shall be either–(a)(b)village adjudication; ordistrict adjudication.(2) <strong>The</strong> responsibility for village adjudication is hereby vested in the village council and shallbe conducted in accordance with the provisions of this section or section 54.(3) <strong>The</strong> responsibility for central adjudication is hereby vested in the District Council andshall be conducted in accordance with the provisions of section 56.(4) Where a complaint is made to the district council by not less than twenty persons withinterests in land to which village adjudication is being applied that the village adjudication isbeing applied improperly or unfairly, the district council shall investigate the complaint and onbeing satisfied of the accuracy of the complaint, the district council shall–(a)(b)issue any directive which it considers necessary to the village council to correct andimprove the process of village adjudication; orissue a directive to the village council to–(i)(ii)(iii)cease exercising any powers under the process of village adjudication;send all records and other information specified in the directive to the districtcouncil;cooperate fully with any officers whom the district council shall authorise to applycentral adjudication to the land to which village adjudication was being applied.