The Village Land Act R.E. 2002
The Village Land Act R.E. 2002 The Village Land Act R.E. 2002
themselves to preside at that meeting.(9) The quorum of a meeting of the village land council shall be four persons, of which atleast one shall be a woman.(10) In the event of an equality of votes, the Chairman or other member presiding shall havea casting vote as well as an original vote.(11) The provisions of section 10 shall apply to the members of a panel.61. Functions of the village land council(1) Where any villager or person residing or working in a village or the village council or anon-village organisation within the village or a person coming within an agreement made undersection 11 or an arrangement made under section 58 has a dispute with any other villager orperson residing or working in a village or with the village council or a non-village organisationwithin the village or a person coming within an agreement made under section 11 or anarrangement made under section 58 over any matter concerning village land within that villageor land to which sections 11 or 58 apply, all parties to that dispute may agree to call in theservices of the village land council or its member to mediate between and assist those partiesto arrive at a mutually acceptable solution to the dispute.(2) Where the parties to a dispute referred to in subsection (1) agree to call in the villageland council, the convener of the village land council shall, after discussing the matter with theparties to the dispute, either–(a)(b)convene a meeting of the village land council; orappoint one or more members of the village land council, to act as mediators betweenthe parties to the dispute.(3) Where the convener or any member of the Village Council becomes aware of or isinformed of a dispute as referred to in subsection (1), the convener shall use his bestendeavours to persuade all parties to the dispute to make use of the services of the villageland council or one or more of its members to act as mediators in the dispute.(4) The village land council shall exercise its functions of mediation in accordance with–(a)(b)(c)any customary principles of mediation;natural justice in so far as any customary principles of mediation do not alreadyprovide for them;any principles and practices of mediation in which the members may have receivedany training.
(5) A member of an village land council shall not act as a mediator in any case in which heor a member of his immediate family has interest and for the avoidance of doubt, a member ofthe village land council who is a member of or an employee of the village council or anynon-village organisation which is involved in a case, the subject of mediation by the Council, isdeemed to have an interest in that case.(6) No person or non-village organisation shall be compelled or required to use the servicesof the village land council for mediation in any dispute concerning village land.62. References of disputes from council to Court(1) Where the parties or any of them do not accept the conclusions of any mediation into adispute or wish to cease to make use of the services of the village land council, they may referthe dispute to a court having jurisdiction over the subject matter of the dispute.(2) The following courts are hereby vested with exclusive jurisdiction, subject to theprovisions of Part XIII of the Land Act, 1999, to hear and determine all manner of disputes,actions and procedings concerning land, that is to say–(a)(b)(c)(d)(e)the Court of Appeal;the Land Division of the High Court;the District Land and Housing Tribunal;the Ward Tribunal; andthe Village Land Council.PART VIMISCELLANEOUS PROVISIONS (ss 63-66)63. Offences(1) Any person who–(a)(b)(c)knowingly makes any false statement, orally or in writing, in connection with anydisposition or other transaction affecting land or any other matter arising under thisAct; orknowingly gives any false information or makes any false statement, either orally or inwriting, in connection with any call for information or in connection with anyinvestigation into the commission of any offence under this Act; orfraudulently procures–(i)the registration or issue of any certificate of occupancy, customary certificate of
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themselves to preside at that meeting.(9) <strong>The</strong> quorum of a meeting of the village land council shall be four persons, of which atleast one shall be a woman.(10) In the event of an equality of votes, the Chairman or other member presiding shall havea casting vote as well as an original vote.(11) <strong>The</strong> provisions of section 10 shall apply to the members of a panel.61. Functions of the village land council(1) Where any villager or person residing or working in a village or the village council or anon-village organisation within the village or a person coming within an agreement made undersection 11 or an arrangement made under section 58 has a dispute with any other villager orperson residing or working in a village or with the village council or a non-village organisationwithin the village or a person coming within an agreement made under section 11 or anarrangement made under section 58 over any matter concerning village land within that villageor land to which sections 11 or 58 apply, all parties to that dispute may agree to call in theservices of the village land council or its member to mediate between and assist those partiesto arrive at a mutually acceptable solution to the dispute.(2) Where the parties to a dispute referred to in subsection (1) agree to call in the villageland council, the convener of the village land council shall, after discussing the matter with theparties to the dispute, either–(a)(b)convene a meeting of the village land council; orappoint one or more members of the village land council, to act as mediators betweenthe parties to the dispute.(3) Where the convener or any member of the <strong>Village</strong> Council becomes aware of or isinformed of a dispute as referred to in subsection (1), the convener shall use his bestendeavours to persuade all parties to the dispute to make use of the services of the villageland council or one or more of its members to act as mediators in the dispute.(4) <strong>The</strong> village land council shall exercise its functions of mediation in accordance with–(a)(b)(c)any customary principles of mediation;natural justice in so far as any customary principles of mediation do not alreadyprovide for them;any principles and practices of mediation in which the members may have receivedany training.
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