The Village Land Act R.E. 2002
The Village Land Act R.E. 2002 The Village Land Act R.E. 2002
(2) An arrangement prepared or adopted under subsection (1) shall be known as a "landsharing arrangement" and shall provide–(a)(b)for each group using the land to which it relates, rights to the occupation and use ofthat land based on the provisions on easements and analogous rights and onco-occupancy contained in Parts XI and XII of the Land Act *(52), respectively;arrangements for the resolution by a joint mediation panel composed of equalmembers of each group, of disputes about the rights so provided for by the scheme.(3) A land sharing arrangement may, notwithstanding the provisions of Part XI of the LandAct *(53), provide that different groups of persons may occupy or use different parts of theland the subject of the scheme exclusively for specified purposes or for a specified period.(4) A land sharing arrangement shall be registered in the Village Land Registry and in theDistrict Land Registry.59. Staying of suits(1) Except with the consent of the chairman of the village adjudication committee or wherecentral adjudication is taking place, of the adjudication officer, no person shall institute any civilaction or proceedings of any kind concerning land or any interest in land which is the subject ofan adjudication process until the adjudication record is final.(2) Where any action or proceedings has begun before the publication of a notice undersection 51 or section 54, they shall be discontinued unless the Chairman of the villageadjudication committee or, as the case may be, the adjudication officer, having regard to thestage which the action of proceedings have reached, otherwise directs.(3) Any persons who is aggrieved by a refusal of the Chairman of the village adjudicationcommittee or, as the case may be, the adjudication officer to give his consent undersubsection (1) or make a direction under subsection (2), within fourteen days of the refusal,may appeal to the village land council against that refusal and may further appeal to the Courthaving jurisdiction over land matters.60. Village land councilPART VDISPUTE SETTLEMENT (ss 60-62)(1) For the purposes of this Part, every village shall establish a village land council tomediate between and assist parties to arrive at a mutually acceptable solution on any matterconcerning village land.(2) Where a village council establishes a village land council, that council shall consist of notless than five nor more than seven persons, of which not less than two shall be women, who
shall be–(a)(b)nominated by the village council; andapproved by the village assembly.(3) Where a person is not approved as a member of village land council or, a member of aCouncil resigns dies or falls within one of the categories set out in subsection (4), the villagecouncil shall nominate another person to be a member of the village land council and thatperson shall be required to be approved in accordance with subsection (2).(4) In determining persons to be nominated as members of the village land council, a villagecouncil shall have regard to the standing and reputation of a nominee in the village as aperson of integrity and with knowledge of customary land law.(5) No person shall be eligible to be nominated as a member of the village land council orcontinue as a member of a traditional Elders Council if he is–(a)(b)(c)(d)(e)(f)(g)not ordinarily resident in the village in which the village land council is to function;a member of the National Assembly;a magistrate having jurisdiction in the district in which the village council is to functionis situate;a person under the apparent age of eighteen years;a mentally unfit person;a person who has been convicted of a criminal offence involving dishonesty or moralturpitude;a person who is not a citizen.(6) A person who falls within one of the categories set out in subsection (5) while serving asa member of the village land council shall automatically cease to be a member of that Councilbut where that person was acting as a mediator in any case, then, except where the provisionsof paragraphs (e) or (f) of subsection (5) apply that person may continue to act as a mediatorin that case until the process of mediation has been concluded.(7) A member of an appointed village land council shall, unless he sooner resigns, dies orfalls within a category set out in subsection (5), serve for three years and shall be eligible forreappointment which shall comply with the provisions of subsections (2) and (3).(8) An appointed village land council shall elect one of its members to be convener of theCouncil who shall keep the records of the Council and preside at all meetings at which he ispresent; and if at any meeting the convener is absent, the members present shall elect one of
- Page 23 and 24: (7) Persons who traditionally and i
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- Page 27 and 28: that village;(h)(i)inheritable and
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- 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
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- 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 and 60: (a)(b)(c)is not and has not for not
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- 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
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- Page 77 and 78: (5) A member of an village land cou
- Page 79 and 80: any person authorised under this Ac
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- Page 85 and 86: Cap. 31837 (Popup - Popup)Act No. 1
shall be–(a)(b)nominated by the village council; andapproved by the village assembly.(3) Where a person is not approved as a member of village land council or, a member of aCouncil resigns dies or falls within one of the categories set out in subsection (4), the villagecouncil shall nominate another person to be a member of the village land council and thatperson shall be required to be approved in accordance with subsection (2).(4) In determining persons to be nominated as members of the village land council, a villagecouncil shall have regard to the standing and reputation of a nominee in the village as aperson of integrity and with knowledge of customary land law.(5) No person shall be eligible to be nominated as a member of the village land council orcontinue as a member of a traditional Elders Council if he is–(a)(b)(c)(d)(e)(f)(g)not ordinarily resident in the village in which the village land council is to function;a member of the National Assembly;a magistrate having jurisdiction in the district in which the village council is to functionis situate;a person under the apparent age of eighteen years;a mentally unfit person;a person who has been convicted of a criminal offence involving dishonesty or moralturpitude;a person who is not a citizen.(6) A person who falls within one of the categories set out in subsection (5) while serving asa member of the village land council shall automatically cease to be a member of that Councilbut where that person was acting as a mediator in any case, then, except where the provisionsof paragraphs (e) or (f) of subsection (5) apply that person may continue to act as a mediatorin that case until the process of mediation has been concluded.(7) A member of an appointed village land council shall, unless he sooner resigns, dies orfalls within a category set out in subsection (5), serve for three years and shall be eligible forreappointment which shall comply with the provisions of subsections (2) and (3).(8) An appointed village land council shall elect one of its members to be convener of theCouncil who shall keep the records of the Council and preside at all meetings at which he ispresent; and if at any meeting the convener is absent, the members present shall elect one of
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