CHAPTER 113 THE LAND ACT [PRINCIPAL LEGISLATION] . Arrangement of Sections OAG of n Section Title io miss pe r part i uto PRELIMINARY PROVISIONS ith d w 1. Short title. uteb 2. Interpretation. str i or di part ii d ce FUNDAMENTAL PRINCIPLES OF NATIONALd uro LAND POLICY p 3. Fundamental principles of National Land Policy. ree ay b part iiik m CLASSIFICATION AND bo T o ENURE OF LAND is 4. All land vested in President as trusft ethe. 5. Transfer of general or reserveda lrat nod to village land. 6. Categories of reserved landN.o p 7. Declaration of hazardousd .l and. erv e res part iv igh ts r ADMINISTRATION ll 8. Ministeras. r Aesponsibilities. 9. Appoiannz timent of Commissioner for Lands. 10. FunanT ctions of Commissioner. 11. t oA f ppointment of officers. 1m2e. n Land Allocation Committees. ernv 13. Information from Commissioner to members of public. Go 14. Functions and roles of local government authorities under this Act. 25 20 15. Conflict of interests. © 16. Protection of officers. 17. National Land Advisory Council. 18. Inquiries. 539 THE LAND ACT [CAP. 113 R.E. 2023] part v RIGHTS AND INCIDENTS OF LAND OCCUPATION 19. Rights to occupy land. 20. Occupation of land by non-citizen restricted. 21. Ceiling on land occupancy. . AG 22. Incidents of granted right of occupancy. O of 23. Residential licence and its incidents. n iss io part vi rm pe GRANTED RIGHTS OF OCCUPANCY ut tho Sub-Part 1 d w i Grant of Right of Occupancy ute rib 24. Application of this Part. ist d 25. Requirement for application for right of occupancy. d o r 26. Procedure for application for right of occupancy. uc e d 27. Determination of application by Commissioner. pro 28. Repealed. re be 29. Repealed. y a 30. Grant of right of occupancy. k mo 31. Repealed. bo is 32. Saving provisions. f th rt o o p a Sub-Part 2 Condd. Nitions on Right of Occupancy e 33. Payment of premiumse o rvn grant of right of occupancy. 34. Length of term otsf r reight of occupancy. 35. Rent. h rig 36. Collection ll . A and distribution of land rent 37. Exempntiiaa on from land rent on Government. 38. Coannd zitions. 39. T t oC f hange of use. en rnm Sub-Part 3 e ov Disposition of Right of Occupancy G 02 5 40. General provisions as to dispositions. ©2 41. Approval for dispositions. 42. Supervisory power over dispositions. 540 THE LAND ACT [CAP. 113 R.E. 2023] 43. Application for grant of approval for disposition. 44. Reconsideration of application for approval for disposition. 45. Criteria for determining application for grant of approval for disposition. 46. Power to surrender right of occupancy. 47. Procedure for surrender of right of occupancy. AG. O Sub-Part 4 of n Breach of Conditions of Right of Occupancy siois 48. When breach of condition of right of occupancy arises. erm 49. Liability to revocation for breach of condition. ut p 50. Fine for breach of condition. ith o w 51. Summary action to remedy breach of condition. ted 52. Action to enforce revocation for breach of condition. u trib 53. Revocation and its effects. di s r 54. Summary proceedings for recovery of rent. d oe 55. Abandonment of land held under right of occupancy. uc pro d Sub-Part 5 re be Auctions of Right of Ocacyu pancy m 56. Auction of and tenders for rights of occupoak ncy. o is b pofa thrt vii CONVERSIONar Ot F INTERESTS IN LAND p No ed . Sub-Part I Vsea rlvidation of Interest in General Land e 57. Validation of certsa rht in dispositions completed before coming into operation of this Act. 58. Effect of nonl -ri g l application for certificate of validation. 59. Validateda. d Aerivative rights where certificate of validation not applied for. an i an z Sub-Part 2 f T t o Regularisation of Interests in land 6m0e. n Application of sections 60 to 64. rn ve 61. Purpose of and criteria for declaration of scheme of regularisation. Go 62. Determination of whether to declare scheme of regularisation. 25 20 63. Procedure for declaration of scheme of regularisation. © 64. Content of scheme of regularisation. 541 THE LAND ACT [CAP. 113 R.E. 2023] part viii DISPOSITIONS AFFECTING LAND Sub-Part 1 General Provisions G. 65. Dispositions and dealings affecting land. f O A 66. Instruments of disposition. o ion 67. Execution of instruments in writing. iss 68. Writing required for enforcement of contracts relating to land. pe rm 69. Person may make disposition to himself. ut ho 70. Covenants to be implied in certain instruments. it w 71. Implied covenants. tedu trib Sub-Part 2 disr Dispositions to Prejudice Creditors d o ce 72. Purpose of this Sub-Part. duo 73. Prejudicial dispositions. pr re 74. Dispositions to prejudice creditors may be set a sbiede. y 75. Protection of persons receiving land under a pmrejudicial disposition. 76. Application of this Sub-Part to customaroyo kdispositions. b Suf bth is -Part 3 o Sale poaf rRt ight of Occupancy 77. Regaining possession of la o . nNd after concluding contract for sale of right of occupancy. 78. Procedure for obtaininge dv order of possession. r 79. Relief against rescisssiee on of contract for sale of right of occupancy. 80. Purchaser of righhtst rof occupancy may seek relief against performance of contract to assign. g ll r i ia. A an part ix z an LEASES f T t o en Sub-Part 1 rnm ve General Provisions o 5 G 81. Application of this Part. 20 2 82. Power to lease right of occupancy. © 83. Periodic leases. 84. Short term leases. 85. Leases terminating on occurrence of future event. 86. Lessee remaining in possession after termination of lease without consent of lessor. 542 THE LAND ACT [CAP. 113 R.E. 2023] 87. Future leases. 88. Lessor’s consent to dealing with leases. 89. Notice by joint occupiers. 90. Sublease for term same as or longer than term or head lease. 91. Surrender to enable new head lease to be entered into not to affect sublease. . OAG Sub-Part 2 n o f Covenants, Conditions and Powers Implied in Leases io iss 92. Covenants implied in leases on part of lessor. erm 93. Covenants implied in leases on part of leasee. t p ou 94. Application of covenants to customary leases. ithw 95. Meaning of reference to “usual covenants”. ted 96. Meaning of “in reasonable state of repair”. ibutr 97. Consent by lessor to application by lessee under lease. dis d o r Sub-Part 3 ce du Transfers, Assignments and Transapcrtoions e 98. Merger of lessor’s interest not to affect remedies. e r b 99. Burden and benefit of covenants to run withm rae yversion. 100. Effect of payment by lessee to assignor of oo rkeversion. 101. Transferor or assignor of lease releaseids bfrom liability to pay rent and observe covenants thereafter. of th 102. Transferee or assignee as lessee. rt o p a d. N Sub-Part 4 rvee Remedies and Relief s 103. Application of thtsis r eSub-Part to non-customary leases. 104. Application orfig t hhis Sub-part to customary leases. 105. Determin.a Ati llon of lease. 106. Distreasns i afor rent. 107. Teramn zination of lease for non-payment of rent or breach of covenant. 108. oNf T t otice of intention to terminate lease for breach of covenant. 109e. n Notice of intention to terminate lease for breach of covenant ern m other than to pay rent. ovG 110. Consequential provisions relating to notices under sections 108 and 109. 5 02 111. Application for relief. ©2 112. Powers of court with respect to order of termination and relief. 113. Remedies of lessor and lessee for breach of covenant. 114. Unlawful eviction. 543 THE LAND ACT [CAP. 113 R.E. 2023] part x MORTGAGES Sub-Part 1 General Provisions G. 115. Application of this Part to mortgages. A f O 116. Interpretation of expressions used in this Part. o ion 117. Power to create mortgage. iss 118. Mortgage of matrimonial home. rm pe 119. Application of this Part to customary mortgages. ou t h 120. Mortgage of land to take effect as security only. wit 121. Priority. ute d 122. Tacking. rib ist 123. Consolidation. d or 124. Variation of mortgage. d ce 125. Mortgage of land. u rod 126. Money to be invested in Tanzania. p re 127. Scope of application. y b e 128. Non-compliance under mortgage of land. a m 129. Procedure relating to mortgage of land. k bo o 130. Contents of notice. s thi rt o f a Sub-Part 2 NDo p ischarge of Mortgages . 131. Right to discharge. d rve 132. Transfer of mortgarg e ese. 133. Mortgagee’s conhstse nt to transfer. ig All r . Sub-Part 3 nia za Covenants, Conditions and Powers Implied in Mortgages 134. Im Tapnlied covenants by mortgagor. t o f en Sub-Part 4 ern m v Powers of the Mortgagee o 5 G 135. Foreclosure abolished. 20 2 136. Remedies of mortgagee. © 137. Notice to exercise remedies. 138. Appointment, powers, remuneration and duties of receiver. 139. Mortgagee’s power of leasing. 544 THE LAND ACT [CAP. 113 R.E. 2023] 140. Power of mortgagee to take possession of mortgaged land. 141. Withdrawal of mortgagee from possession. 142. Mortgagee’s power of sale. 143. Duty of mortgagee exercising power of sale. 144. Powers incidental to power of sale. G. 145. Protection of purchaser. A f O 146. Sale by mortgagee to himself. n oo 147. Application of proceeds of sale of mortgaged land. i iss 148. Right of mortgagor to discharge mortgage on payment of erm sum due any time before sale. p ou t 149. Action by mortgagee for possession of dwelling house or agricultural lanwdi t.h 150. Powers of court in relation to possession of mortgaged land, ted and application of Civil Procedure Act. u trib 151. Powers of court to reopen certain mortgages and revise terms. di s 152. Exercise of power to reopen certain mortgages. r ed o du c part xi pro EASEMENTS AND ANALOGOU rSee RIGHTS y ba Sub-Part 1 m ok General Ps rbo ovisions i 153. Application of this Part. th of 154. Nature of easement. art 155. Terminology. No p d. rvee Sub-Part 2 s Cresa rt eion, etc., of Easements and Analogous Rights t 156. Creation of e arisgehment. 157. Entry on nAelil. ghbouring land where easement refused. 158. Accessa nt ioa landlocked land. 159. Enjaony zment of easements and analogous rights. T 160. oCf t ancellation and extinguishment of easements and analogous rights. en rnm Sub-Part 3 e Gov Public Rights of Way 02 5 161. Power of Minister to create public rights of way. ©2 162. Application for wayleave. 163. Application for communal right of way. 164. Determination on creation of public right of way. 545 THE LAND ACT [CAP. 113 R.E. 2023] 165. Power of Registrar with respect to public rights of way. 166. Compensation in respect of public rights of way. Sub-Part 4 Powers of Court G. 167. Power of court to enforce easements and analogous rights. A f O 168. Power of court to modify or extinguish easements and analogous rights. o sio n is part xii erm CO-OCCUPANCY AND PARTITION t p ou 169. Meaning and incidents of co-occupancy. ith w 170. Certificate of occupancy of co-occupiers. ute d 171. Co-occupancy and other relationships between spouses. ib str 172. Partition. dior 173. Ancillary power of Registrar in connection with partition. d ce 174. Sale of co-occupied land. u od 175. Partition subject to mortgage. pre 176. Reorganisation or winding-up of land sharing a rbre r angement. y m a part xioiki DISPUTE SEisT boTLEMENT th 177. Courts. f art o o p . N part xiv MIrvSeC dELLANEOUS PROVISIONS e 178. Substituted servic er.e s 179. Publication ofi gnho tstices and other information. 180. Rights of e An ltl rry. 181. Call for . n iianformation. 182. Meannzi ang of “opportunity of being heard’’. a 183. oLf a Tnd Compensation Fund. 184 t e. n Fees. 1rn8m5. Unlawful occupation of land. e ov 186. Obstruction of public rights of way. 25 G 187. Offences. 20© 188. Corrupt transactions. 189. Regulations. 190. Law to be applied. 546 THE LAND ACT [CAP. 113 R.E. 2023] 191. Application of this Act. 192. Repeals. 193. Savings and transitional provisions with respect to rights, actions, dispositions, etc. 194. Savings and transitional provisions with respect to rules, orders, etc. 195. Act to be translated into Kiswahili. G. 196. Act to bind Government. f O A n o SCHEDULE io iss pe rm ut ith o d w ibu te tr r d is o ce d du rep ro y b e ma k bo o hist rt o f a No p . rve d e s r es ht ll r ig ia. A an an z of T t en ern m v 5 G o 02 ©2 547 CHAPTER 113 THE LAND ACT . An Act to provide for the basic law in relation to land other than the AG village land, the management of land, settlement of disputes and related f O n o matters. siois [1st May, e2r0m01] [GN. No. 485 ot pu f 2001] Acts Nos. 1 of 2013 GNs. Nos. o ith 4 of 1999 7 of 2016 49 of 2001 w 2 of 2004 2 of 2017 444 of 2022 ted 12 of 2004 1 of 2018 rib u 11 of 2005 4 of 2018 ist 17 of 2008 8 of 2020 or d 3 of 2009 5 of 2022 ed 2 of 2010 7 of 2023 du c rep ro y b e ma k o s b o i PART I h PREL t t IoMf INARY PROVISIONS pa r Short title 1. This Act m No da.y be cited as the Land Act. erv e Interpretation 2. In thi sre A s ct, unless the context requires otherwise- Acts Nos. 2 of 2004 s. 2 “acceigshs ts order’’ means an order made under section 158; r 1 of 2013 s. 13 “a. cAtllual notice’’ means the notice which a person has 7 of 2016 ia 2nd Sch. an personally of a matter or action or document or the rights an z T and interests of another person; nt of “Allocations Committee” means the Land Allocations e nm Committee established by section 12; ve r o “appointing authority’’ means the person or organisation G 25 having the authority under any law to appoint persons to 0 ©2 the public service; “assignee’’ means a person to whom an assignment is made; “Assistant Commissioner’’ means an Assistant Commissioner appointed under section 11; 548 THE LAND ACT [CAP. 113 R.E. 2023] “authorised officer’’ means an officer authorised by the Commissioner or the Registrar to perform any functions of the Commissioner or, as the case may be, the Registrar which may be specified in the document of authorisation . delivered to that officer; G OA “borrower’’ means a person who obtains an advance of of n money or money’s worth or agrees to the fulfillment isosf io a condition on the security of a mortgage of his rigpeh rmt of occupancy or lease; t ou “building’’ means any building or other struct th d w ui re made or assembled on, in or under any land anbdu teincludes the land on, in or under which the buildin i disg tr or structure is situate; d o r “caveat’’ means a notice in the form o c duf ean entry on a register that no action of a specified na ro etpure in relation to the right of occupancy in respect of ew r b hich the notice has been entered may be taken wi mth ayout first informing the person who gave the notice; k bo o “certificate of approva is thl’’ means the certificate granted under section 43; rt o f “certificate of o a Noc cpupancy” means a certificate issued under section 30d; . “certificatee rv e s of validation’’ means a certificate issued under resechttison 57; “Coll mri gmissioner’’ means the Commissioner for Lands A ia. appointed under section 9; za n n “communal right of way’’ has the meaning ascribed to it by Ta of section 161; nt e “co-occupancy’’ has the meaning ascribed to it by section 169; m ern “Council’’ means the National Land Advisory Council ov G established by section 17; 02 5 2 “court’’ means a body established by or under any written law © which is referred to in section 177 as having jurisdiction to determine land disputes; 549 THE LAND ACT [CAP. 113 R.E. 2023] Cap. 1 “customary law” has the meaning ascribed to it by the Interpretation of Laws Act; “customary right of occupancy’’ includes deemed right of occupancy; . “dealing’’ includes disposition and transmission; G OA “deemed right of occupancy’’ means a right to title of a n o f Tanzania citizen of African descent or a community isosf io Tanzania citizens of African descent using or occuppey rming land under and in accordance with customary lawu;t o “deliver’’ includes to transmit by post or by hand; ith d w “derivative right’’ means a right to occupy bua tend use land created out of a right of occupancy and diins tcri ludes a lease, a sub-lease, a licence, a usufructuary ri gorh d t and any interest analogous to those interests; uc e d “Deputy Commissioner” means paroe Deputy Commissioner appointed under section 11 ; r be “development” means the mcayarrying out of any building operation, engineerinbgo o ok peration or mining operation in, on, under or over s tlha ind or the making of any change of a substantial naturrt oe f in the use of land; “disposition” moe pa ans any sale, mortgage, transfer, grant, partition, d.e e Nxchange, lease, assignment, surrender, or disclaimsere vr and includes the creation of an easement, a reusuhftsructuary right or other servitude or any other interest illn ri ga right of occupancy or a lease and any other act by an A ia. occupier of a right of occupancy or under a lease whereby an nz his rights over that right of occupancy or lease are affected Ta of and an agreement to undertake any of the dispositions so nt e defined; ern m “district authority” means a district council, a township v G o authority or a village council; 25 20 “District Land and Housing Tribunal” means a court referred © to in section 177; “dwelling house” means any house or part of a house or room used as a separate dwelling in any building and includes 550 THE LAND ACT [CAP. 113 R.E. 2023] any garden or other premises within the cartilage used as a part of the dwelling house as so defined; “easement” means an easement created under section 156; “entry order” means an order made under section 157; . Cap. 38 “foreign company” means a company classified as a foreign G OA national by the Tanzania Investment Act; of “Fund” means the Land Compensation Fund established bsyio n is section 183; pe rm “general land” means all public land which is not reust o erved land or village land including un-occupied ith wor unused d village land; uteb “granted right of occupancy’’ means a rig tr dihs ti of occupancy granted under and in accordance witdho r Part VI; “hazardous land’’ means land declaredud ce to be hazardous land under section 7; ro “head lease’’ means a lease in rees r ep b pect of which a sublease is entered into; y m a Cap. 2 “High Court’’ means theb Ho okigh Court of Tanzania established under Article 108th is o f the Constitution of the United Republic of Tanrzt oa fnia, 1977; “instrument’’ moe ap ans a writing including an enactment which creates or da. N e ffects legal or equitable rights and liabilities and inscelru v des any covenant or condition expressed in an e ins r httrsu ment or implied in an instrument under this or a ig ll nr y other enactment relating to land and, except where ia. Aotherwise provided, any variation of an instrument; za n n “interest’’ means a right in or over a right of occupancy; of Ta “land’’ includes the surface of the earth and the earth below t en the surface and all substances other than minerals and rnme petroleum forming part of or below the surface, things v G o naturally growing on the land, buildings and other 25 20 structures permanently affixed to or under land and land © covered by water; “lease’’ means a lease or sublease, whether registered or unregistered of a right of occupancy and includes a short- term lease and agreement to lease; 551 THE LAND ACT [CAP. 113 R.E. 2023] “lender’’ means a person to whom a mortgage has been given as security for the repayment of an advance of money or money’s worth or to secure a condition; “lessee” means a person to whom a lease is granted and . includes a person who has accepted a transfer or OAG assignment of a lease; of n “lessor’’ means a person by whom a lease is granted an io issd includes a person who has accepted the transfpeer rm or assignment of the reversion of a lease; ou t “licence’’ means a permission given by the Gove wrin thment or d an occupier of land under a right of occupaunteb cy or a lease which allows the person to whom thedi sl triicence is given to occupy or use or do some act ind roe r lation to the land comprised in the right of occupan e du ccy or the lease which would otherwise be a trespassp re bout does not include an easement; e r b “licensee’’ means the person agy m ranting or giving the licence; “lien” means the holding oboy k a lender of any document of title relating to a right is b othf occupancy or a lease as security for an advance of mrto on f ey or money’s worth or the fulfillment of a conditiono p; a “local goverendm . Nent authority’’ means a district authority or an urb rv saen authority; “Ministse r e ht r’’ means the Minister responsible for land; “moll ri gtgage’’ means an interest in a right of occupancy or a a. A i lease securing the payment of money or money’s worth n nz a or the fulfillment of a condition and includes a sub- Ta of mortgage and the instrument creating a mortgage; nt e “occupier in common’’ has the meaning ascribed to it by rnme section 169; ov G “partition” means the separation by formal legal instrument 25 20 of the shares in a right of occupancy or a lease held by © occupiers in common so that each such occupier takes his shares free of the rights of the others and includes partition carried out in accordance with section 172; 552 THE LAND ACT [CAP. 113 R.E. 2023] “periodic lease’’ means a lease from year to year, half year to half year, quarter to quarter, month to month, week to week or the like; “peri-urban area’’ means an area which is within a radius . of ten kilometers out-side the boundaries of an urban or OAG semi-built-up area or within any large radius which may n o f be prescribed in respect of any particular urban area bsyiois the Minister; rm pe “Permanent Secretary’’ means the Permanent Secroeut ta ry in the Ministry responsible for land; with d “public land’’ means all the land of Tanzania; te bu “public right of way” has the meaning a tcridis ribed to it by section 161; r d o “register’’ means a register prescribeddu cue nder this Act for the recording of rights and intereespt rso in and dispositions of, and in connection with righ bte rof occupancy and includes Cap. 334 the land register establis hmeayd under the Land Registration Act, and the registry ok boof documents established under the Registration of Docius Cap. 117 th ments Act; “registered valuerr’t’ o fmeans a valuer with a professional or academic a o qp ualification in land valuation or with a profession N eda . l or academic qualification in a subject that includesesr vland valuation; e Cap. 334 “Regist r htsr ar’’ has the meaning ascribed to it by the Land Rll rei ggistration Act, and includes the Registrar of a. A i documents as appointed and defined in the Registration n Cap. 117 zan of Documents Act; a of T “regularisation area’’ means an area in respect of which a nt e scheme of regularisation has been declared; ern m “reserved land’’ means land referred to by section 6; ov G “residential licence” means a licence granted under 250 section 23; ©2 “restrictive agreement’’ means an agreement by one occupier of land under a right of occupancy restricting the building on or the use or other enjoyment of his land 553 THE LAND ACT [CAP. 113 R.E. 2023] for the benefit of the occupier under a right of occupancy or neighbouring land and includes a restrictive covenant; “right of occupancy’’ means a title to the use and occupation of land and includes the title of a Tanzanian citizen of . African descent or a community of Tanzanian citizens of OAG African descent using or occupying land in accordance of n with customary law; io iss “sale’’ as used in relation to a right of occupancy, mpee rmans transfer of an interest in or over land on conudt o itions attached to a granted right of occupancy; ith d w “scheme of regularisation’’ means a scheme dbeu tcelared by the Minister under section 63; tri dis “short term lease’’ has the meaning oar d scribed to it by section 84; uc e d “transfer’’ means the passing of a rpirgoe ht of occupancy, a lease or a mortgage from one paer rt to another by act of the parties and not by operatiaoy b m n of the law and includes the instrument by which souo k b ch passing is effected; “transferee’’ means ah is t person who receives the right of occupancy, leasert oo fr mortgage passed by an act of transfer; “transfer land’’ a Nom peans general or reserved land which is to be transfe . erdred from one category of land; “transferosre’r’ v means the person who passes the right of e occutsp rh ancy, lease or mortgage by an act of transfer; “tralln ri gsmission’’ means the passing of a right of occupancy, ia. Aa lease or a mortgage from one person to another by n nz a operation of law on death or insolvency or otherwise; Ta of “trustee’’ means a person having a nominal title to the t en ownership of land or other property which he is under rnme a legal duty to hold for the benefit of some other person Gov or persons and includes a trustee appointed under the 02 5 2 Cap. 318 Trustees (Incorporation) Act; © “Trustees” means the Trustees of the Land Compensation Fund established by section 183; “unexhausted improvement’’ means anything or any quality permanently attached to the land directly resulting from 554 THE LAND ACT [CAP. 113 R.E. 2023] the expenditure of capital or labour by an occupier or any person acting on his behalf and increasing the productive capacity, the utility, the sustainability of its environmental quality and includes trees, standing crops and growing . produce whether of an agricultural or horticultural nature; AG O “urban area’’ means an area within the jurisdiction of an of n authority established or deemed to have been establishiessd io Cap. 288 under and governed by the Local Government (Uerrmp ban Authorities) Act and the Local Government (oDu t istrict Cap. 287 Authorities) Act; ith d w Cap. 287 “village council’’ has the meaning ascribed to iuttb eby the Local Government (District Authorities) Act; i dis tr “village land’’ means the land declare r dd o to be village land under and in accordance with sec ce dtuion 4 and includes any transfer land transferred to a veipl rloage; “village transfer land’’ means bev ir llage land which is to be transferred to become p y k m aart of general or reserved land; and o bo “wayleave’’ has the m etha isn ing ascribed to it by section 161. of art No p PART II FrvU . edNDAMENTAL PRINCIPLES OF se re NATIONAL LAND POLICY htsig Fundamental 3. ll r –A(1) The fundamental principles of the National Land Policy principles of National Land nwia .hich is the objective of this Act to promote and to which all a Policy z an persons exercising powers under, applying or interpreting this of T t Act are to have regard to, are- enm (a) to recognise that all land in Tanzania is public and ernv vested in the President, as trustee on behalf of all 5 G o citizens; 2 ©20 (b) to ensure that existing rights in and recognised long- standing occupation or use of land are clarified and secured by the law; (c) to facilitate an equitable distribution of and access to land by all citizens; 555 THE LAND ACT [CAP. 113 R.E. 2023] (d) to regulate the amount of land that any person or corporate body may occupy or use; (e) to ensure that land is used productively and that any such use complies with the principles of sustainable . development; OAG (f) to take into account that an interest in land has value of n and that value is taken into consideration in a io inssy transaction affecting that interest; pe rm (g) to pay full, fair and prompt compensation to anyou p t erson whose right of occupancy or recognised lonwgit- h standing d occupation or customary use of land te b uis revoked or otherwise interfered with to their tri ddisetriment by the State under this Act or is acqui r dr oed under the Land Cap. 118 Acquisition Act: ceu Provided that, in assessing compepro d e nsation of land acquired in the manner provided for r bien this Act, the concept of opportunity shall be based omna ythe following: (i) market valueb o ofk the real property; (ii) disturban cthe is allowance; (iii) transpo f rt rot allowance; (iv) loss a oo pf profits or accommodation; (v) co. sNed t of acquiring or getting the subject land; (vi rv s)e any other cost, loss or capital expenditure incurred ts re h to the development of the subject land; and ig ll r (vii) interest at market rate will be charged; ia. A(h) to provide for an efficient, effective, economical and n nz a transparent system of land administration; Ta of (i) to enable all citizens to participate in decision making en t on matters connected with their occupation or use of rnm land; ov e G (j) to facilitate the operation of a market in land; 02 5 2 (k) regulate the operation of a market in land so as to ensure © that rural and urban small-holders and pastoralists are not disadvantaged; (l) to set out rules of land law accessibly and in a manner which can be readily understood by all citizens; 556 THE LAND ACT [CAP. 113 R.E. 2023] (m) to establish an independent, expeditious and just system for the adjudication of land disputes which will hear and determine cases without undue delay; and (n) to encourage the dissemination of information about . land administration and land law as provided for by OAG this Act through programmes of public awareness, of n using all forms of media. io iss (2) The right of every adult woman to acquire, holdp,e rumse, and deal with land shall, to the same extent and subjeocut t to the same restrictions, be treated as a right of any man. th d w i te bu PART III tris di CLASSIFICATION AND TENU or edRE OF LAND c od u All land vested 4.–(1) All land in Tanzania shall r recpontinue to be public land in President as trustee and remain vested in the Presidy ebn e t as trustee for and on behalf of all the citizens of Tanzanika m. a (2) The President and beo overy person to whom the President may delegate any of his hfuisf t nctions under this Act, and any person exercising powers rut oa nder this Act, shall at all times exercise those functions op p N owers and discharge duties as a trustee of all the land in T . veadnzania so as to advance the economic and social welfare o r refs t ehe citizens. (3) hEts very person lawfully occupying land, whether under g a rAillg riht of occupancy wherever that right of occupancy was ng iar. anted or deemed to have been granted, or under customary nz a a tenure, occupies and has always occupied that land, the of T t occupation of such land shall be deemed to be property and men include the use of land from time to time for depasturing stock ernv under customary tenure. Go 5 (4) For the purposes of the management of land under this 20 2 © Act and all other laws applicable to land, public land shall be in the following categories: (a) general land; (b) village land; and (c) reserved land. 557 THE LAND ACT [CAP. 113 R.E. 2023] (5) A grant of a right of occupancy shall be made in the name of the President and shall be sealed with a seal of a nature and pattern which the President may, by order, published in the Gazette, approve. . (6) This section shall not be construed to affect the validity OAG of any right of occupancy lawfully granted or deemed to n o f have been granted or consented to, under the provisions isosf io any law in force in Tanzania before the commencemepen rmt of this Act. ou t (7) The President may, subject to the provisioitnh w of this d part, by order published in the Gazette, transf te beur or exchange land from one category of land described in tri d is ubsection (4) to another category of land so described. d o r e uc Transfer of 5.–(1) Where the President is minrodded to transfer any area general or p reserved land to of general or reserved land to vbiel rleage land he may direct the village land Minister to proceed in accormd aaynce with the provisions of this section. k oo (2) The Minister shalsl bhi cause to be published in the Gazette t and sent to the Villa gof rt e Council of the village to which general or reserved lando mp aay be transferred, hereinafter referred to as transferred ladn. d N, a notice specifying- (a) these lro vecation of the transferred land; (b) tst hr ee boundaries and extent of the transferred land; (lc ri)g h a brief statement of the reasons for the proposed A l ia. transfer; za n (d) the date, being not less than sixty days from the date of an f T the publication of the notice, on which the President nt o e may exercise his powers to transfer the transferred land ern m or part of it. ov 5 G (3) Where the transferred land is- 02 (a) reserved land, a copy of the notice shall be sent to- ©2 (i) the Minister responsible for that reserved land; (ii) where a local authority is responsible for that land, to that local authority; or 558 THE LAND ACT [CAP. 113 R.E. 2023] (iii) where there are any persons occupying and using that land, to those persons in a manner and form that will enable them to understand the information contained in the notice; . (b) general land, a copy of the notice shall be served on- OAG (i) the local authority in whose area the land is situate; n o f (ii) the holder of any right of occupancy in that lands;iois (iii) the holder of any derivative right in that landpe; rm (iv) any person occupying or using that landu t o under customary law, ith d w and in the case of the persons referred to in bsuu tebparagraphs (ii), (iii) and (iv), the notice shall be in a m i dis tar nner and form that will enable those persons to undersdta on r d the information contained in the notice. ce du (4) Any person who has receive r edp a o notice under subsection (3) may, within not less than tw been rty nor more than forty days from the date of the receipt omf a y the notice, make representations to the Commissioner orb oa onk authorised officer who shall be under a duty to hear athn isd record the representations and take them into account i f rtn o any report prepared for the President on the proposed traon ps afer. (5) The Ceod .m N missioner shall, after taking account of any representasteir vons received under subsection (4), prepare a report e for thet sM rh inister to submit to the President on the proposed tranl sril fger. . Aia (6) Where the subject of a report referred to in subsection an nz (5) is reserved land, a copy of the report shall be conveyed to Ta of the Minister responsible for that reserved land. en t (7) Where a granted right of occupancy exists in any ern m transferred land or a part thereof, a transferred land shall, v G o unless the instrument of transfer provides otherwise, operate 02 5 2 as a compulsory acquisition of that right of occupancy and © compensation on it shall be payable. (8) Where persons are occupying and using the general transferred land or a part of it under a customary right of occupancy, the transfer of that land to village land shall not, of 559 THE LAND ACT [CAP. 113 R.E. 2023] itself, operate to determine or affect the rights of such persons to continue to occupy and use that land under that customary right of occupancy but that land shall, after the transfer, be under the jurisdiction of the village council of the village to . which the land has been transferred. AG O (9) After receiving the report of Commissioner prepared n o f under subsection (5) and any representations made by tihsse io Minister in any case to which subsection (6) appliespe, rmthe President may exercise his power to transfer the traonus t ferred land or a part of it, and allocate that land to a villag th ew inamed in d the document of transfer. uteb (10) The President may direct the Mini tr dsitseri to appoint an inquiry under section 18 into a propose r dd o transfer under this section and where such an inquiry dhua ces been appointed, no further action shall be taken on thee p roroposed transfer until the inquiry has reported. e r b (11) A transfer of genera y ml aor reserved land to village land shall be notified in the Gabz oeko tte and shall come into effect thirty days after the date of thhies t publication of the notice. (12) Village lanrdt o fmay be transferred to general land in Cap. 114 accordance witho t ph ae provisions of the Village Land Act. d. N Categories of 6.–(1) Reseervs rveed land is- reserved land (a) sl ar e t nd reserved, designated or set aside under the gh l ri provisions of the- l Cap. 323 A ia. (i) Forests Act; Cap. 282 anz (ii) National Parks Act; n Cap. 284 a f T (iii) Ngorongoro Conservation Area Act; Cap. 283nt o e (iv) Wildlife Conservation Act; Caepr.n 1 m46 (v) Marine Parks and Reserves Act; ov GCap. 355 (vi) Urban Planning Act; 250 Cap. 167 (vii) Roads Act; ©2 Cap. 320 (viii) Public Recreation Grounds Act; and Cap. 118 (ix) Land Acquisition Act; 560 THE LAND ACT [CAP. 113 R.E. 2023] (b) land parcel within a natural drainage system from which the water resource of the concerned drainage basin originates; (c) land reserved for public utilities; and . (d) land declared by order of the Minister, in accordance G OA with the provisions of this Act, to be hazardous land. n o f (2) Where a right of occupancy has been acquired, revokesdiois or surrendered in general land which is within or contigpeu rmous to an area of reserved land, the President may decloaur t e that general land to be reserved land of the same nature awnit h d subject d to the same law as the reserved land of which te b uit has, by that declaration, become a part. ri di st ord Declaration of 7.–(1) For the purposes of this Act, hazcaerdous land is land the hazardous land u development of which is likely to ppro dse a danger to life or to lead to the degradation of or ene vr e b ironmental destruction on that or contiguous land and inacy ludes- (a) mangrove swamps akn m oo d coral reefs; (b) wetlands and offhis- sbhore islands; t (c) land designa f rt toed or used for the dumping of hazardous waste; a o p (d) land wdi.t Nhin sixty metres of a river bank or the shoreline of anrv ese inland lake, beach or coast; (e) sl ar e t nd on slopes with a gradient exceeding any angle rig h l which the Minister shall, after taking account of proper l ia. A scientific advice, specify; and za n (f) land specified by the appropriate authority as land n f T a which should not be developed on account of its fragile t o en nature or of its environmental significance. ern m (2) The declaration of any land to be hazardous land shall ov G be in accordance with the provisions of this section. 5 02 (3) Where the Minister considers that an area of land should ©2 be declared to be hazardous land, in this section referred to 561 THE LAND ACT [CAP. 113 R.E. 2023] as “proposed hazardous land” he shall publish a notice in the Gazette specifying- (a) the location of the proposed hazardous land; (b) the boundaries and extent of the proposed hazardous . land; AG O (c) a brief statement of the reasons for the proposed of n declaration; and io iss (d) the date, being, not less than sixty days from the daetrmp e of the publication of the notice, when declarationo um t ay be made. ith d w (4) A copy of the notice referred to in suteb bsection (3) shall be- ist ri d (a) saved on all persons occupying andd o ru sing the proposed hazardous land in a manne ce dru and form as will be understandable to those pe r erpsoons; (b) saved on all local author bitei res having jurisdiction in the area of the proposed h y maazardous land; (c) put up in conspicuokbo ous places within the area of the proposed haza rdiso th us land. (5) All persons artn od f authorities on whom a notice has been served and all poe p a rsons and organisations on whom a notice should have . N rve bd een served but was not and any other person or organissaetion with an interest in land may, within not less rethan thhtsirty days after the date of the service of the notice, mak ig ll re representations to the Commissioner on the proposed d A iae. claration and the Commissioner shall be under a duty to hear za n n and record the representations and take them into account in f T a o determining whether to recommend to the Minister that the nt e land or any part of it be declared to be hazardous land. m ern (6) Where the Minister, after considering a report prepared ov G by the Commissioner under subsection (5), determines that 02 5 2 the proposed hazardous land or a part of it shall be declared to © be hazardous land, he may, subject to subsection (7), make a declaration accordingly. 562 THE LAND ACT [CAP. 113 R.E. 2023] (7) Where the proposed hazardous land or a part of it is occupied and used by any person under a granted or customary right of occupancy, the Minister shall, if he considers that, that land or a part of it should be declared to be hazardous land, . report the matter to the President. AG O (8) The President may, after considering the report of the n o f Minister, declare any land to which subsection (7) applies istso io be hazardous land and any such declaration shall operpaet rem to compulsorily acquire, subject to compensation, any orui t ght of occupancy in that land. with d (9) A notice of a declaration of hazardous tleand shall be published in the Gazette in the manner protvri bu dis ided for under sections 179 and 180 and shall come into forr d ce thirty days after the date of the publication of the notic ce due. (10)1 For the purposes of subsec r epti oon (3) “Gazette” includes official Gazette or local newspap ber rs. ay k m boPoART IV is ADf thMINISTRATION art o Minister’s 8. The Minister soh p N all be responsible for policy formulation and responsibilities for ensuringv tdh . e e execution by officials in the Ministry of the functions ceorres nnected with the implementation of the National Land P htos licy and of this Act which are allocated or delegated to g him i All rby the President and in pursuance of this responsibility, tiah. n e Minister may- a an z (a) give any advice, guidance and directives to the officials f T t o in the ministry which will in his opinion be conducive n me to the efficient effective, economical, impartial and ernv transparent administration of land under this Act; Go 5 (b) seek advice from any official in the Ministry concerning 02 ©2 implementation of the National Land Policy and of the administration of land under this Act; 1 Note: The contents of subsection (10) have been designated as such after rearrangement of subsection (3). 563 THE LAND ACT [CAP. 113 R.E. 2023] (c) seek advice from other knowledgeable persons concerning the administration of land and the implementation of this Act; and (d) take all other necessary actions decisions which will . enable him to discharge all the functions which are OAG allocated or delegated to him by the President in n o f connection with the implementation of National Lanissd io Policy and of the administration of land under thipse rAmct. ut o Appointment of 9.–(1) There shall be a Commissioner for Lands whitoh w shall be Commissioner for Lands appointed by the President. tedu (2) In appointing the Commissioner, isrtre ibgard shall be had to the need to appoint a person oro df proven probity with qualifications, skills and practi d uccael experience in land management or law in the public orp rpo drivate sector. e r e Functions of 10.–(1) The Commissioner shaalyl bbe the principal administrative Commissioner and professional officer of, ak nmo d adviser to, the Government on all matters connected wiist bh o the administration of land and shall be responsible to th oef tMh inister for the administration of this t Act and the matte pras r contained in it. (2) The Pr o d. e Nsident may, by notification in the Gazette, delegate aneyrv eof the specific functions under this Act which are vested isn s re him, in accordance with any terms and conditions whic h rihg ht e sees fit, to the Commissioner. . A( ll3) The President may, through the Minister, give directives in nwiaza riting to the Commissioner concerning the proper discharge an T by the Commissioner of the functions conferred by this Act on t o f n the President which the President has, under subsection (2), e rnm delegated to the Commissioner and the Commissioner shall veo comply with those directives. 5 G 02 (4) The Commissioner may from time to time, as he sees fit, ©2 issue and publish circulars and directives on the administration of this Act but no such circulars or directives shall purport to alter, amend or depart from the provisions of this Act or 564 THE LAND ACT [CAP. 113 R.E. 2023] any regulations made under this Act or contradict any advice, guidance or directives issued by the Minister under section 8. (5) Where the Commissioner is required or empowered by this Act to make a determination affecting or likely to affect . the rights of any person or the opportunity for any person to AG O exercise any powers conferred on that person by this Act the f n o Commissioner shall, where he makes a determination whiicshios is adverse to that person give that person reasons fore rp tmhat determination. ou t (6) The Commissioner shall prepare and pwuit h blish an d annual report on the management of land fobur t ewhich he is responsible and each report shall include adlils trdi irectives given to the Commissioner under subsectiond o( r3 ) together with a brief statement of the action taken to cuocd me ply with any of those directives. pro re be Appointment of 11.–(1) There shall be appoinmatey d a Deputy Commissioner for officers Lands and one or more Aosk o sistant Commissioners and, after obtaining the advice ohfi st bhe Commissioner, any other officers whom the appointin ogf t rt authority shall consider necessary. (2) In appoion pt aing officers under subsection (1) of this section, regard. Nd shall be had to the need to appoint a person of proven ers pverobity with qualifications, skills and practical experie e tsn rce in land management or law in the public or private secto rirgl .h l a. A i (3) Officers appointed under this section shall be- za n (a) allocated any functions and shall be located in any an f T offices in any areas as the Commissioner considers will o en t contribute to the proper management of land; and ern m (b) subject to the directions of and answerable to the ov G Commissioner. 5 02 (4) Functions vested in the Commissioner by this or any ©2 other legislation may be exercised by any officers whom the Commissioner shall, on any terms as he may specify in 565 THE LAND ACT [CAP. 113 R.E. 2023] writing, authorise to do so and those officers shall be referred to as “authorised officers”. (5) Where the Commissioner delegates any of his functions connected with the signing and execution of rights of . occupancy, that delegation shall- G OA (a) be to a named officer; of n (b) be published in the Gazette; and iss io (c) not take effect until publication in the Gazette. pe rm (6) Any local authority officer or officer appointedou tt o and working in any other public organisation allocated anyi t w fhunctions d relating to land arising out of or under or in counteb nection with this Act by that local authority or other pduisb trliic organisation shall comply with any directives of the Corm d missioner issued to him specifically or generally, and suhcd ae ll have regard to any circulars issued by the Commissionepe ror. (7) All courts, judges and p be rrsons acting judicially shall take judicial notice of the C y mo ammissioner and any person to whom he has delegated h o bios kfunctions under subsection (5). his t Land Allocations 12.–(1) The Ministe f rtr o shall establish committees at appropriate Committees levels of Goveron pm a ent to be called the Land Allocations Committees tdo. Nadvise the Commissioner on the exercise of his powers to rve s de etermine applications for rights of occupancy. (2) Th rets e Land Allocations Committees shall be composed of any gh l pri ersons with any tenure of office which the Minister shall l biay. A regulations made under section 189 prescribe and may, za nsubject to the approval of the Minister concerned, include n f T a officials from any other Ministry. t o en (3) The Land Allocations Committees shall be established rnme at Central, Urban or District Authorities. v G o (4) The names of the members of the Land Allocations 02 5 Committees shall be published in the Gazette and posted up in ©2 the Ministry’s headquarters and district offices. 566 THE LAND ACT [CAP. 113 R.E. 2023] Information from 13.–(1) The Commissioner and all officers appointed under Commissioner to members of this Act shall, where it is practical to do so, provide information public and guidance of a general character either orally or in writing, to members of the public in connection with land matters and . the implementation of this Act. OAG (2) Where the information required, to be provided under n o f subsection (1) is of confidential character, regard shall be giviessn io Cap. 47 to the provisions of the National Security Act. ermp (3) Subject to the provisions of section 15, unless otohu te rwise specifically stated in writing and signed by the Comith wmissioner d or an authorised officer, information, guidanbcue te, advice and assistance provided under this section shadilsl t rinot create any legal liability in the Government, the C ord m missioner or the officer giving the advice and assistancdeu. ce pro Functions and 14.–(1) A local government re beauthority, shall not, unless roles of local government specifically authorised by thmiasy Act or any regulation made authorities under under the authority of thiso ko A ct, make an offer of or grant any this Act right of occupancy to anisy bh person or organisation and any such t purported offer or g f rt roant shall be void. (2) An officoe rp a of a local government authority, other than an office.r Nd authorised by this Act or in writing by the Commissisoern veer, shall not make or sign an offer of a right of occupa r tns c ey and any such purported offer shall be void. (l3 ri)g hA local government authority, acting through a duly l ciao. Anstituted committee or through duly appointed offices may anz make representations in writing or orally to the Commissioner an f T on any matter connected with the administration of land nt o e under this Act situate within their area of jurisdiction and the ern m Commissioner shall have regard to that representation. v G o (4) A district council may provide advice and guidance 250 to any village council situate within its area of jurisdiction ©2 concerning the administration by that village council of village land, either in response to a request for such advice and guidance from a village council or of its own motion and any 567 THE LAND ACT [CAP. 113 R.E. 2023] village council to which such advice and guidance is given, shall have regard to such advice and guidance. (5) An advice and guidance given to a village council under subsection (4) shall not contradict or conflict with . any directive or circular issued by the Commissioner under OAG section 10(4). n o f (6) Where a local government authority receives aissn io application for a granted right of occupancy, it shall forwermp ard that application to the Commissioner and may oiun t clude comments and recommendations about that apith w plication d which it considers appropriate and the Cbuo temmissioner shall have regard to the comments and rdeisc troi mmendations received. or d (7) The Commissioner shall use hciedu s best endeavours to ensure that all local government aupre tohorities and associations of local authorities are consul teed r b and kept informed about the administration of land u mn ayder this Act and all other laws connected with the adminioskbo tration of land. his t Conflict of 15.–(1) Where anyt o fm atter concerning land in which any interests r officer exercisingo pf aunctions under this Act or any member of his immediatde. Nfamily has an interest is allocated to, referred to or othe rve srewise comes to that officer for his advice, assistance or decitssi ro en, that officer shall not exercise any functions under thisl Arigc h t in respect of that land. Al ia. (2) Where the officer referred to in subsection (1) is the za nCommissioner, he shall declare his interest to the Permanent an f T Secretary, and where the officer referred to in subsection (1) is o en t an officer appointed under section 11, shall declare his interest ern m to the Commissioner, and the Permanent Secretary or the ov G Commissioner, as the case may be, shall appoint some other 5 02 officer to exercise functions under the Act in respect of that ©2 land. (3) Where any land is advertised or offered for a right of occupancy in pursuance of any provision of this Act, any 568 THE LAND ACT [CAP. 113 R.E. 2023] officer exercising functions under this Act who wishes to apply for or bid for that right of occupancy or who has knowledge that any member of his immediate family wishes to apply for or bid for that right of occupancy shall forthwith inform . the Commissioner or if he is the Commissioner, inform the OAG Permanent Secretary and such officer or the Commissioner, as n o f the case may be, shall not exercise any functions in respect osfiois that land. rm pe (4) A person to whom subsection (1), (2) or (3)o ua t pplies shall not influence or seek or attempt to influence th wainy officer d exercising functions under this Act or any othe te bru legislation to show any undue favour or preference to himd ois trri any member of his immediate family in respect of the ladn od r the subject of the declaration of interest under subsectiuoced n (1) or advertised or offered for a right of occupancy unedp reor subsection (3). GN. No. (5) A person exercising func bteio rns under this Act to whom 444 of 2022 this section applies who co mn atyravenes any of the provisions of this section shall ren k bod o er himself liable to disciplinary proceedings in accordanisc th e with the Public Service Regulations and including dismis osfrt al from the public service with reduction or loss of pensioon p e antitlements. (6) Whereed a . N conflict of interest as described in subsection (1) or (3) aserri vses in respect of the administration of village land, e any m r hetsmber of a village council or a committee of the council dealll irin gg with land who is covered by any such description shall d A iae. clare his conflict of interest and shall take no further part in n nz a nor attend any meeting of the village council or its committee Ta of where the land of which the subject of the conflict of interest is nt e on the agenda, and the person who fails to declare his conflict ern m of interest or who contravenes the provisions of subsection (4) v G o shall render himself liable to- 25 20 (a) criminal proceedings; and © (b) forfeiture of any benefits which he or any member of his immediate family have or may have obtained as a result of any contravention of this section. 569 THE LAND ACT [CAP. 113 R.E. 2023] (7) In this section “immediate family” means, any other person related to that person as a father or mother, son or daughter, wife or husband, and brother or sister whether born in or out of wedlock, whether born in or outside Tanzania, and . where any person referred to above has had more than one AG O spouse, shall include all those spouses. of sio n is Protection of 16. An officer appointed under this Act shall not be persoenrmally officers liable for any act or matter done or ordered to be t p oduone or omitted to be done by him in good faith and without niteh w gligence and in the intended or purported exercise of anyu tpe dower, or the performance of any duty, conferred or impose rib isdt on or allocated or delegated to him by or under this Act. or d ce d National Land 17.–(1) There is hereby established aro dN uational Land Advisory Advisory Council Council which shall have not lees rs e pthan seven members and not more than eleven membaey r bs appointed by the Minister and the Chairman of the Ck o omuncil shall be appointed by the President. bois (2) In appointingo f m th embers to the Council, the Minister t shall have regard taor p the importance of ensuring a fair balance of men and w o do. m N en in the Council. (3) The ecrov emposition and procedures of the Council shall be as provid s s r eed for in the regulations made under this Act. (4 ht ri)g The functions of the Council shall be- . A( lla) to review and advise the Minister on the National Land ia za n Policy and recommend changes where necessary; and an T (b) to review institutional framework and advise the of nt Minister on jurisdiction and organisational structures e rnm of the institutions involved in land matters. e ov 5 G2 Inquiries 18.–(1) The Minister may, for any purpose for which he thinks 20© fit, appoint one or more persons to hold an inquiry into any matter concerning land or arising out of the operation of this Act. 570 THE LAND ACT [CAP. 113 R.E. 2023] (2) Where the Minister considers that the matters to be inquired into are so serious that it would be desirable that a judge of the High Court hold the inquiry, he shall seek and act on the advice of the Chief Justice as to the judge who shall hold . the inquiry. OAG (3) Every inquiry shall be held at any time, being not less n o f than one month from the date of the notification of the holdin io issg of an inquiry, and place which the Minister shall direct. ermp (4) Every inquiry shall be open to the public poruo t vided that, the person holding or chairing the inquiry mayi,th w for good d cause certify in writing that any particular evidbeun tece which the inquiry wishes to hear shall be taken in privdaist teri. (5) Every person whose conduct is odr o rm ay be called into question at an inquiry shall be entitledd t coeu be represented at and heard by the inquiry. ro ep (6) An inquiry shall be cond bue cr ted in accordance with the principles of natural justice,m a y but subject to that, the person holding or chairing the inbqou okiry shall exercise his own discretion in determining the procise th dures of the inquiry. (7) The person hrot ol fding or chairing the inquiry shall have all the powers of a jou pd age of the High Court to summon witnesses, call for the perdo . dNuction of books, plans and documents and to examine weirtvnesses and parties on oath. (8) Ths r es ht e inquiry shall be deemed to be a judicial proceeding Cap. 16 for lp rui g l rposes of sections 102 to 110, 114 and 114A of the Penal C.o A nia de. nz a (9) The person or persons holding the inquiry shall, as a of T soon as may be after the conclusion of the hearing, prepare nt e and submit to the Minister a report of the inquiry which shall m ern include any advice and recommendations to the Minister Gov which the terms of reference for the inquiry require or which 25 20 the person or persons aforesaid think necessary to make. © (10) The report of the inquiry shall be published and the defence of qualified privilege shall be attached to that report. 571 THE LAND ACT [CAP. 113 R.E. 2023] PART V RIGHTS AND INCIDENTS OF LAND OCCUPATION Rights to occupy 19.–(1) The rights to occupy land which a citizen, a group of . land Acts Nos. two or more citizens whether formed together in an association G O A 2 of 2004 s. 3 under this Act or any other law or not, a partnership or a n o f 12 of 2004 Sch. o 2 of 2017 s. 28 corporate body, in this Act called “right holders” may enjiossy i under this Act are hereby declared to be- erm t p (a) granted right of occupancy; or u tho (b) a right derivative of a granted right of oc i dc wupancy, in this Act called a derivative right. ibu te r Cap. 212 (2) A person or a group of persons, whetdhis t er formed into a r corporate body under the Companies Acdt oe or otherwise who is or are non-citizens, including a corpodo urcate body the majority of whose shareholders or owners r ea prre non-citizens, may only obtain- bey Cap. 38 (a) a right of occupank cmya for purposes of investment approved under t hboe o Tanzania Investment Act; Cap. 38 (b) a derivative rig is f th t for purposes of investment approved Cap. 373 under the Taartn ozania Investment Act or issued under the Export o p PNrocessing Zones Act; or Cap. 38 (c) an inrvete d.rest in land under a partial transfer of interest Cap. 373 bry e es a citizen for purposes of investment approved ts gh u nder the Tanzania Investment Act or issued under ll r i A the Export Processing Zones Act in a joint venture to nia . facilitate compliance with development conditions. za an (3) The provisions of subsection (2) shall not apply to- of T t (a) a not-for-profit foreign or local corporation or men organisation of the relief of poverty or distress of ernv public or provision of health or other social services Go 5 for the advancement of religion or education under 20 2 © an agreement to which the Government of United Republic is a party, and where no such agreement exists, the Minister is satisfied that such corporation or organisation is established solely for the purpose of the relief of poverty or distress for the public, or for 572 THE LAND ACT [CAP. 113 R.E. 2023] provision of health or other social services or for the advancement of religion or educations; or (b) a foreign Government, an institution wholly owned by a foreign Government, an International Institution or . organisation. OAG (4) Subject to the provisions of subsection (3), the provisions n o f of sections 51, 52 and 53 shall apply mutatis mutandis wheisrse io there is a breach of agreement. rm pe ou t Occupation of 20.–(1) For avoidance of doubt, a non-citizen sh th wai ll not be land by non- allocated or granted land unless it is for investmute d citizen restricted nt purposes Act No. under the Tanzania Investment Act. ib str 2 of 2004 s. 4 i Cap. 38 (2) Land to be designated for investmoern d t purposes under subsection (1), shall be identified, gazeetduc ted and allocated to the Tanzania Investment Centre whprioc dh shall create derivative rights to investors. re be (3) For the purposes of coym ma pensation made pursuant to this Act or any other wriottoe k n law, all lands acquired by non- citizens prior to the en b hisa ctment of this Act, shall be deemed t to have no value, ertx oc f ept for unexhausted improvements for which compensaot pi aon may be paid under this Act or any other law. d. N (4) For ertvs hee purposes of this Act, any body corporate of whose tm e s rajority shareholders or owners are non-citizens shall be d gh l eriemed to be non-citizens or foreign companies. l ia. A(5) At the expiry, termination or extinction of the za noccupancy or derivative right granted to a non-citizen or a an f T foreign company, reversion of interests or rights in and over o en t the land shall vest in the Tanzania Investment Centre or any rnme other authority as the Minister may prescribe in the Gazette. v 5 G o 02 Ceiling on land 21.–(1) The Minister shall make regulations prescribed under ©2 occupancy section 189 of this Act providing for an area of land that a person can hold under single right of occupancy or derivative right or in any way otherwise disposed of to any person or body corporate. 573 THE LAND ACT [CAP. 113 R.E. 2023] (2) The regulations made under the provisions of section 189 and subsection (1) of this section shall provide for consultation in determining land ceilings under this section. Incidents of 22.–(1) A granted right of occupancy shall be- G. granted right of A occupancy (a) granted by the President; f O o (b) in general or reserved land; ion ss (c) of land which has been surveyed; mi er Cap. 334 (d) required to be registered under the Land Registt rpou ation Act, to be valid and, subject to the provisi o th wins of that law and this Act, indefeasible; tedu (e) for a period up to but not exceeding 9 ib dis 9tr years; (f) at a premium; or (g) for an annual rent which may bucee drevised from time to time; d pro (h) subject to any prescribedb ec roenditions; (i) capable of being the s muabyject of dispositions; (j) liable, subject to theoko p rovisions this Act, to revocation; and b thi s (k) liable, subjre f t oct to the prompt payment of full compensoa pti aon, to compulsory acquisition by the State for pudb. l Nic purposes. (2) A gserra vented right of occupancy shall not confer on the holder sa r e t ny water rights or rights over the foreshore unless thos h l reig rights are expressly mentioned nor shall it confer on the l hiao. Alder or any person acting under the authority of the holder n za any rights to mines, minerals, or gas or the right to appropriate n f T a and remove from the country for gain or for purposes of t o en research of any kind, any flora or fauna naturally occurring or m ern present on the land or any palaeontological or archaeological ov G remains found on the land. 25 ©20 Residential 23.–(1) A derivative right, in this Act referred to as a residential licence and its incidents licence, confers upon the licensee the right to occupy land in Act No. non-harzadous land, land reserved for public utilities and 3 of 2009 s. 44 574 THE LAND ACT [CAP. 113 R.E. 2023] surveyed land, urban or peri-urban area for the period of time for which the residential licence has been granted. (2) A person who at the commencement of this Act, has, without any official title, acquired and occupied as his home . for not less than three years, land in an urban or peri-urban OAG area other than land held for a granted or customary right of n o f occupancy or as a tenant of a person so holding land or lanissd io to which section 55(2) applies, shall by virtue of this Apec rtm be deemed to occupy that land as a residential licensee ou tn der a licence granted from year to year to that person byit h d w the local authority having jurisdiction in the area whebrue te that land is situate. str i di (3) Subject to the provisions of this Acdt oa r residential licence may be granted by a local authority- ce du (a) to any person occupying epla rond without official title or right within the are a e rb of jurisdiction of that local authority as his home ay m; (b) for a term which ok bsohall be not less than six months but not more than thfi isv e years which may be renewed for a similar termrt; oa f nd (c) subject too ap any conditions, including conditions as to the paymeedn . Nt of any fees or charges which may be specified in stehr ve licence or which may be prescribed. e (4) r htAs residential licence shall not be assignable by the licen g All r isee. a. i (5) A residential licence shall bind the successor in title to n nz a the licensor who obtains the land with actual or constructive Ta of notice of the licence. en t (6) Where a person or family has occupied land in the same rnme location under a residential licence for not less than three years, ov GCap. 118 he or they shall be entitled to compensation under the Land 25 20 Acquisition Act, where that land is to be acquired for a public © purpose or where that person or family is to be removed from the land as if that person or family had a right of occupancy in the land and section 12 and Part III of that Act did not apply to that land. 575 THE LAND ACT [CAP. 113 R.E. 2023] PART VI GRANTED RIGHTS OF OCCUPANCY Sub-Part I G. Grant of Right of Occupancy OA of n Application of 24. This Part applies to granted rights of occupancy hereaftisesr io this Part referred to as “rights of occupancy”. pe rm ou t Requirement 25. A person who occupies a surveyed land shall, withithin ninety for application d w for right of days from the date of approval of the survey plaunte, apply to the occupancy Commissioner for a right of occupancy. rib Act No. di st r 8 of 2020 s. 40 o [s. 24A] ce d Procedure for 26.–(1) An application for a right of u rodccupancy shall- application for right of (a) be submitted on a prescr ep ei br ed form and accompanied occupancy by a photograph; y ba (b) be accompanied byo tkh me prescribed fee; (c) be signed by itsh be o applicant or a duly authorised representativ eof othr agent of the applicant; (d) be sent o pra rt delivered to the Commissioner or an authori o d. sNed officer; (e) conetrav ein or be accompanied by any information which mreass y be prescribed or which the Commissioner may in igh t r writing require the applicant to supply; ll . A(f) be accompanied by a declaration in the prescribed form nia za of all rights and interests in land in Tanzania which the an T applicant has at the time of the application; of nt (g) where any law requires the consent of any local e rnm authority or other body before an application for a right veo of occupancy may be submitted to the Commissioner, G 25 be accompanied by a document of consent, signed by 0 ©2 the duly authorised officer of that local authority or other body; and Cap. 38 (h) if made by a non-citizen or foreign company, be accompanied by a certificate of approval granted by the Tanzania Investment Centre under the Tanzania 576 THE LAND ACT [CAP. 113 R.E. 2023] Investment Act, and any other documentation which may be prescribed by that Act or any other law. (2) 2Where an application for a right of occupancy or a derivative right, which is made by a non-citizen or a foreign . company, is for residential purposes, the use of such land shall OAG be secondary or ancillary to the investment approved under n o f Cap. 38 the Tanzania Investment Act. siois (3) The Commissioner may require an applicant to supeb rmmit information relevant to that application, additionalo ut to that already submitted with the application, and shall not bith w e obliged d to determine the application until that additionbau tle information has been submitted or a satisfactory explandaist triion provided as to why it is not practical or possible to sud bo rm it that additional information. uc e d (4) Where an application is foerp roa right of occupancy in reserved land, the Commission r beer shall refer that application to the official or the public b y mo ady having jurisdiction over that reserved land and shall btoa okke account of any representations that such official or tshu isch public body shall make on that application. f art o (5) Where ano papplication is for a right of occupancy the developmente do . fN which in accordance with the application will have, in th rv se opinion of the Commissioner, a substantial effect e on theh tasc rtivities and services provided by the local authority in the arirgll ea where the land the subject of the right of occupancy iias. s Aituate, the Commissioner shall refer that application to that za n n local authority and shall take into account any representations Ta of made by that local authority on that application. t en (6) An official to whom or public body or local authority rnme to which an application is referred under subsection (4) or (5) ov G may make any such representations on that application within 5 20 2 twenty days of the receipt of that application. © 2 Note: Section 26(1) is rectified to make proper grammatical flow of the subsection and the paragraphs under it. The contents of paragraph (i), which appeared to be an independent provision, have been redesignated as subsection (2) 577 THE LAND ACT [CAP. 113 R.E. 2023] (7) The Commissioner shall maintain a register of applications in the prescribed form which shall be available to inspection by the members of the public at reasonable times during office hours. G. [s. 25] A of O Determination 27.–(1) The Commissioner shall be responsible for determininsgio n of application by s Commissioner any application for a right of occupancy under the provisimoi r ns Act No. of section 30. ut pe 17 of 2008 s. 4 o (2) Where the power to recommend whether th wai right of occupancy be granted has been allocated or dtedu legated to a local authority or other body by or under this tAribis ct or any other law, the Commissioner shall, in any case- d or (a) if he approves the recommenda ed utcion, act on it; (b) if he is disposed to reject ther ordp ecommendation, return it to the local authorityb eo rer other body which made the recommendationm way ith a statement of his reasons for rejecting that k oroecommendation and a request for that local auth b hoisr ity or other body to reconsider its t recommendrat ot fi on. (3) Where a loo pc aal authority or other body has reconsidered a recommend N da. tion referred back to it under paragraph (b) of subsectionse (r v2e), and submits the same or a substantially similar recommre ts endation to the Commissioner, he shall either- (a ri)g h l act on that recommendation; or Al ia. (b) reject that recommendation and inform the local za n authority or other body of his reasons for so rejecting n f T a that recommendation. t o men (4) The Commissioner may determine whether to- ern (a) grant subject to the conditions set out in section 38 and v G o any other conditions which may be prescribed in the 02 5 right of occupancy; ©2 (b) grant subject to those conditions and any additional condition which he considers necessary or desirable endure the beneficial occupation and use of the land the subject of the right of occupancy; 578 THE LAND ACT [CAP. 113 R.E. 2023] (c) grant subject to any conditions as he may be asked to impose by any public authority having jurisdiction over any reserved land in respect of which an application for a right of occupancy has been made; . (d) grant subject to any conditions which he may be asked to G OA impose by any local authority having jurisdiction over of n the area where the land the subject of the applicationis iss io situate; or ermp (e) reject the application for a right of occupancy. ut o (5) A person aggrieved by a decision made uitnh w der this d section shall appeal to the Minister. ute trib dis [s. 26] or Repealed 28. [Repealed by Act No. 17 of 2008, s.u c5e] d pro d [s. 27] e r e b Repealed 29. [Repealed by Act No. 17 oafy 2 008, s. 5]. k mo [s. 28] s b o i Grant of right of 30.–(1) Where the Coof tmh missioner determines to grant a right occupancy Act No. of occupancy to ap p ret a rson who- 17 of 2008 s. 6 (a) has app o . lNied for grant of right of occupancy; (b) is inr voe dccupation of land under a right of occupancy or urnes deer an acceptance of an offer of a right of occupancy; htsg or A(llc ri . ) is otherwise entitled to a right of occupancy, anh iae shall issue a certificate referred to as a “certificate of an z T occupancy” to that person. t o f (2) A certificate of occupancy shall be issued in the name of en nm the President and shall be in a prescribed form. er ov (3) A certificate of occupancy shall be deemed to be duly 25 G and validly executed if it is signed by the Commissioner and ©20 sealed with his official seal and purports to be signed and sealed by the President and further proof of such execution shall not be required for the purpose of registration under the Cap. 334 Land Registration Act. 579 THE LAND ACT [CAP. 113 R.E. 2023] (4) The occupier to whom a certificate of occupancy is issued shall sign at the bottom of the certificate as acceptance of the terms and conditions of that certificate and no certificate of occupancy shall be valid or give rise to any liabilities on the . part of the state or any rights on the part of the occupier to AG O whom the certificate has been issued until it is so signed. n o f [s. 2 io mis9s] er Repealed 31. [Repealed by Act No. 17 of 2008, s. 7]. ut p o with [s. 30] ted Saving provisions 32. Notwithstanding the amendment and repe u star ibl of sections 27, Act No. 3 of 2009 s. 45 28, and 29 an offer of a right of occupancyo irs dsiued before the 1st December, 2008 shall continue to be valiedd c for all purposes and shall have the force of law applicable u ro dto it as if sections 27, 28 and 29 had not been amended or e e re ppealed as the case may be. y ba [s. 30A] ok m bois Sub-Part 2 th Condrti toi fons on Right of Occupancy pa Payment of 33.–(1) The M o . iNnister may require the payment of a premium premium on d grant of right of on the granrtv eof a right of occupancy. occupancy (2) A rpe sreemium shall be paid in one or more installments as Act No. 7 of 2016 may ibghe t sdetermined by the Minister. r 2nd Sch. A(l l3 ) In determining the amount of a premium, the Minister nsiah . all have regard to- za an (a) the use of the land permitted by the right of occupancy f T t o which has been granted; men (b) the value of the land as evidenced by sales, leases ern ov and other dispositions of land in the market in the G 25 area where the right of occupancy has been granted, 20© whether those sales, leases and other dispositions are in accordance with this Act or any law relating to land which this Act replaces; 580 THE LAND ACT [CAP. 113 R.E. 2023] (c) the value of land in the area as evidenced by the price paid for land at any auction conducted by or on behalf of the Government; (d) the value of land as evidenced by the highest offer made . in response to a request made by or on behalf of the OAG Government, a local authority or parastatal for a tender of n for the development of land in the area; siois (e) any unexhausted improvements on the land; ermp (f) an assessment by a registered valuer given in worui tt ing of the value of land in the open market. ith d w (4) Where the payment of a premium is requbiur teed, a demand for that payment shall be sent or deliveredd ist troi the person to whom the certificate of occupancy is to be o rd s ent or delivered at the same time as or before the certificactedu e of occupancy is sent or delivered to that person. proe (5) Failure to pay a premium boe rr any installment on the date at which the payment of th ma aty premium or installment falls due shall be deemed to bbeo oak breach of a condition of the right of occupancy which s ias th ll give rise to revocation of a right of occupancy. of art o p [s. 31] d. N e Length of term 34.–(1) A reirvght of occupancy may be granted- of right of s occupancy (a) tsf or er a term up to but not exceeding ninety nine years; (lb ri)g h for a term together with an option for a further term or l ia. A terms which together with the original term may be up anz to but shall not exceed, ninety nine years; or an f T (c) from year to year or for periods of less than a year o en t determinable by the Commissioner by one year’s notice m ern or less, whether or not the grant includes an initial fixed ov G term, so long as that initial fixed term does not exceed 02 5 four years. ©2 (2) Where a right of occupancy has been granted for a term certain, with or without an option for a further term or terms certain, a reduction in the length of that term certain or the 581 THE LAND ACT [CAP. 113 R.E. 2023] term or terms certain contained in the option or options shall not be made to or introduced into that right of occupancy by the Commissioner without the agreement of the occupier. (3) Where a right of occupancy comes to an end through . affliction of time, the person or organisation occupying the OAG land under that right of occupancy shall, if he has complied n o f with the terms and conditions of that right of occupancy isisn io a satisfactory manner and it is practical so to do, be offereremp d a renewal of that right of occupancy on any terms and coonud t itions which the Commissioner may determine before th wai tht right of d occupancy is offered to any other person or orgautb neisation. (4) The provisions of subsection (3) sh i daisl tlr not operate to preclude the Government or a local authdo or r ity or other public body from causing the land occup e diue cd under the right of occupancy to which subsection (3 ro e)p refers to be developed or redeveloped in such a way that it ei r b s impractical to grant a right of occupancy of that land tom a tyhe former holder of that right of occupancy and where suokbo ch development or redevelopment takes place, the form the isr holder of the right of occupancy shall not be entitled o frt to any compensation for the loss of any expectation creaot epd a by the provisions of subsection (3). d. N [s. 32] erv e s Rent 35.–(1)ts Th r e e holder of a right of occupancy shall, subject to the Acts Nos. 7 of 2016 prov gh l risions of this section pay an annual rent for that right of l 2nd Sch. oiac. Acupancy in the manner provided for under the provisions of 8 of 2020 s. 41 n 5 of 2022 s. 77 za the Public Finance Act. n Cap. 348 Ta f (2) Rent shall be paid in any installments and at any intervals t o en of time during the year as the Commissioner shall determine rnme or which is provided in the certificate of occupancy. ov G (3) Rent shall be paid to the Commissioner or an authorised 02 5 officer at the office of the Commissioner or any other place ©2 which the Commissioner determines or which may be prescribed. (4) In determining the amount of any rent, the Commissioner shall have regard to- 582 THE LAND ACT [CAP. 113 R.E. 2023] (a) the area of the land which is the subject of the right of occupancy; (b) the use of land permitted by the right of occupancy which has been granted; . (c) the value of land as evidenced by sales, leases and other G OA dispositions of land in the market in the area where the n o f right of occupancy has been granted, whether tho io issse sales, leases and other dispositions are in accordearmp nce with this Act or any law relating to land whicho tuh t is Act replaces; ith d w (d) where the right of occupancy has beebun te granted for any commercial or residential deveisltrd oi pment in any urban or peri-urban area and thed roe r has been no such development in that area or n e du co or insufficient sales, leases or other dispositions eopf ro land or no, or insufficient evidence of the same i r bne that area from which an assessment of the valuaey m of land may be arrived at, an assessment by a re ok bgoistered valuer of the value of land in the open mark teht is in that area which may be developed for the purpo osfrt e for which the right of occupancy has been gran tpeao d; and (e) the amedo . Nunt of any premium required to be paid on the grasenr vt of a right of occupancy. e (5) hFtso rr the purpose of computing the rent payable in respect of all nri gy land in connection with any sub-divisions, partition, a A iam. algamation or any other transaction which reduces the area za n n of the land after the determination of the rent for that land, the f T a o Commissioner shall, where two or more plots of land are created t en out of the land for which the rent was determined, apportion ern m the rent payable between the two or more plots of land in the Gov same proportion as the two or more plots of land bear to the 5 20 2 whole of the land for which the rent was originally determined. © (6) Notwithstanding anything to the contrary contained in any certificate of occupancy or in any of the provisions of any conditions of a right of occupancy, in every case in which the Commissioner requires the payment of a rent, 583 THE LAND ACT [CAP. 113 R.E. 2023] the Commissioner shall have the power to revise that rent at intervals of not less than three years and in any exercise of that power, the determination of any revised rent shall be in accordance with subsection (2). . (7) The Commissioner may grant a right of occupancy free G f O A of rent to any person or organisation if the land is to be used n o exclusively for religious worship or for burial or exclusivelsyiois both for religious worship and for burial. ermp (8) The Commissioner may grant a right of occupaonu tc y at a nominal rent if the land is to be used exclusively for a icth d w haritable purpose. uteb (9) In any case referred to in subsections ( ri dis7 t) and (8), where the land ceases to be used exclusively for thoer d purposes specified in those subsections, the Commission ce duer shall charge any rent or make any adjustment to the rent ro e pwhich appears to him to be necessary and desirable in all th r bee circumstances. (10) The Minister may dir ay emct the Commissioner to establish arrangements to review, baon okd if the case is made out to remit in whole or in part th eth isr ent of any person who claims that by reason of poverty, in offirmity, the effects of a natural or other disaster or other s pia rt o milar cause, he cannot pay the rent required to be paid un . N ed er the right of occupancy and thereafter to keep such cases eru vnder continuous review and, where necessary, remake fhutsrther adjustments, either to increase or reduce the rent whillc rih g is to be paid. . Aia (11) Where any rent or installment of rent payable in respect n nz a of a right of occupancy, or any part of such rent or installment, Ta of remains unpaid for a period of six months after the date on en t which the same is required to be paid, interest at the rate of m ern zero point five per centum per month shall be payable on the Gov unpaid amount until payment of the amount is made and 02 5 2 interest at the rate of one per centum per month after twelve © months, and such interest shall be collected and recoverable in the same manner as rent. (12) The acceptance by or on behalf of the Commissioner of any rent shall not be held to operate as a waiver by the Government of any right to revoke the right of occupancy 584 THE LAND ACT [CAP. 113 R.E. 2023] accruing by reason of the breach of any covenant or condition, express or implied in any contract for a right of occupancy or in any certificate of occupancy granted under this Act or under any law repealed and replaced by this Act. . (13) Without prejudice to the provision of subsection AG O (10), the Minister responsible for finance may, upon n o f recommendation from the Minister, exempt the whole or pa io isrst of interest accrued from land rent arrears. ermp (14) The Minister may, in consultation with the Mou ti nister responsible for finance, make regulations prescriith w bing the d criteria, manner and procedure for grant of exbeum teption under this section. tri dis (15) Notwithstanding subsection (1d) ,o r the provisions of this section shall apply to an occupideur c eof any surveyed land who fails to apply to the Commisespi rooner for grant of right of occupancy within ninety days fr boem r the date of approval of the Cap. 324 survey plan in accordance wimtah y the Land Survey Act. (16) For the purposes ok bo of subsection (15), an occupier of land surveyed prior t is oth the 1st day of July, 2020 who has not applied for a right o f art f ooccupancy shall, within ninety days from the 1st day of Julyo, p 2020, apply to the Commissioner for a right of occupancy.d. N erv e s [s. 33] re ts Collection and 36. gh l Ari ll moneys collected as land rent under this Act shall be distribution of Al land rent diae. posited into the Consolidated Fund. Act No. n za 7 of 2023 s. 34 n f T a o [s.33A] t men Exeermn ption from 37.–(1) Notwithstanding any provisions under this Act, the olavnd rent on GGovernment payment of rent for a right of occupancy shall not be paid 5 20 2 Acts Nos. exclusively for- © 4 of 2018 s. 31 8 of 2020 s. 42 (a) central or local government use; (b) government institution or organisation use; (c) non-profit organisations including religious institutions which provide health, education or other social services which are not profit oriented; and 585 THE LAND ACT [CAP. 113 R.E. 2023] (d) land acquired and surveyed by a planning authority for the purpose of sale. (2) The Minister may, by regulations, set criteria for determining activities which are exempted from the payment . of rent for right of occupancy under subsection (1)(c). AG O (3) Where the Commissioner is satisfied that part of the land n o f granted to Government, public institution or organisation io isiss used for purposes other than those specified under subsepce rtmion (1) that part shall be apportioned and subjected to renotu. t (4) The Commissioner shall, where the land c ewai thses to be d used exclusively for the purposes specified unbdu teer subsection (1), charge any rent or make any adjustmentd t ri isot the rent as may be appropriate. r d o (5) For the purpose of this section, “ e dup clanning authority” has Cap. 355 the meaning ascribed to it under thper oe Urban Planning Act. r be [s. 33A] y k m a Conditions 38.–(1) Every right of oococupancy shall be granted subject to the provisions of thhiss b section and to any development or t other conditions w f rt ho ich may be prescribed, or which the Commissioner om p aay impose and any of those conditions the Commissdi.o Nner may impose may be in or addition to, subtractiosner vferom or variation of the prescribed conditions. (2) tIst r eshall be a condition in every grant of a right of occul rpig hancy where the purpose for which the grant has been l mA ia. ade is to construct buildings on the land that the grantee anz of such right shall, in any case where any consents and an f T permissions are required, apply for planning consent under o Cap. 35 t e5n the Urban Planning Act, and apply for a building permit under m ern the Township (Building) Rules within six months of the grant ov G of the right of occupancy. 250 (3) Where a right of occupancy includes land which ©2 is occupied by persons under customary law, it shall be a condition of that right of occupancy that those customary rights shall be recognised and those persons so occupying the land shall be moved or relocated only- 586 THE LAND ACT [CAP. 113 R.E. 2023] (a) so far as is necessary to enable the purpose for which the right of occupancy was granted to be carried out; and (b) in accordance with due process and principles of fair . administration, being given- AG O (i) not less than one hundred and eighty days’ notice f n o of any requirement to move; siois (ii) the opportunity to reap crops sown befor rm pee any notice to move was given to those person t osu; (iii) the right to continue to use water whitih w ch those d persons had a right to use beforbeu t ebeing given notice to move; and ist ri d (iv) prompt payment of full comp oer d nsation for loss of any interests in land and ancedu y other losses that are incurred due to any moevp reo or any other interference with their occupatioen r b or use of land. (4) Until the time conditi ay mons are prescribed by regulations made under this Act, all ok btohose conditions which immediately before the enactment o tfh itsh is Act had been acted or prescribed as conditions to be imrpt oo f sed on the grant of a right of occupancy, other than any co npao ditions which expressly or impliedly require any approvale df .o Nr a change of use or disposition of a right of occupancyse, rs vhall be deemed to be conditions prescribed under e this Ahctst r and shall, unless they conflict with any provisions of t g llh riis Act or it is otherwise specifically provided for in the ciae. r Atificate of title be implied in every such grant of a right of an nz occupancy and shall be binding on the grantee of that right of f T a o occupancy and his successors in title. en t (5) Before imposing, amending or adding to any conditions rnme in respect of a right of occupancy granted in reserved land, the v G o Commissioner shall consult with the official or organisation 5 20 2 having jurisdiction over that reserved land and shall have © regard to any representations and recommendations that such official or such organisation may make in respect of the proposals of the Commissioner. 587 THE LAND ACT [CAP. 113 R.E. 2023] (6) Before imposing, amending or adding to any conditions in respect, of a right of occupancy which would be likely to have a significant effect on the activities and services provided by the local authority having jurisdiction in the area where . the land, the subject of the right of occupancy is situate, the OAG Commissioner shall consult with that local authority and shall f n o have regard to any representations and recommendations th io isast such local authority may make in respect of the propospael rms of the Commissioner. ou t (7) A person who signs a certificate of occ wui tphancy in d accordance with the provisions of section 30 sbhu teall, where he signs on his own behalf be deemed to hadvise tr ibound himself and, where he signs as the authorised repd roe r sentative of a local authority, corporate body or other orugced anisation, be deemed to have bound that local authorityp,r oe corporate body or other organisation to the President t obe or bserve and comply strictly with each and every conditiomnay contained in that certificate of occupancy or subject tob ow okhich that right of occupancy was granted. his t (8) The Commrits os fioner and any authorised officer may, subject to sectioon p a 180, enter on land the subject of a right of occupancy N ed .t o inspect that land and to investigate that the conditionse rsvs ubject to which the right of occupancy has been e grantedts hr ave been complied with. l ri gh l [s. 34] A ia. Change of use n za 39.–(1) An occupier of land under a right of occupancy may n f T a apply to the Commissioner for a change or variation to the nt o e conditions of that right of occupancy so as to enable him to ern m undertake a development on or a use of that land or a disposal ov G of the whole or a part of that land in connection with a 5 02 development on or a use of that land which is not permitted ©2 by the conditions subject to which the right of occupancy was granted. 588 THE LAND ACT [CAP. 113 R.E. 2023] (2) An application under this section shall be- (a) submitted on a prescribed form and accompanied by a photograph; (b) accompanied by the prescribed fee; . (c) signed by the applicant or his duly authorised G OA representative or agent; of n (d) sent or delivered to the Commissioner or an authorisiessd io officer; and ermp (e) accompanied by any other information whicho um t ay be prescribed or which the Commissioner may, iinth w writing, tedrequire. bu (3) The Commissioner shall consult withd a tnriis d take account of the views of- d o r (a) the authority having respon e dus cibility for town and country planning in the areap rwoe here the land is situate; (b) the local authority havin gbe j ur risdiction in the area where the land is situate; an d aym (c) any other authoribtoy ok whose consent to that change of use is necessaryth.is (4) Where the f rtC oommissioner determines to approve a proposed changeo op af use, he shall, in writing using the prescribed form- . N ed (a) infoerrvs m the occupier of that fact; e (b) tsr h er quest the occupier to bring or send the certificate of ll r ig occupancy to the Commissioner endorsement on it of a. A i the change of use; and an nz (c) inform the occupier of any premium or additional rent Ta of that is payable as consequence of the change of use. t en (5) An approved change of use shall not take effect and ern m action may not be taken by an occupier in pursuance of a ov G proposed or approved change of use until- 25 20 (a) that change of use is endorsed on the certificate of © occupancy; (b) the endorsement is signed by the Commissioner with his official seal and by the occupier; and 589 THE LAND ACT [CAP. 113 R.E. 2023] (c) all premia and additional rent have been paid by the occupier in accordance with the terms and conditions subject to which the change of use is granted. (6) The provisions of section 34 apply to the payment of any . premium and any rent under this section as they apply to the OAG payment of premia and rent under section 34. n o f (7) The grant by the Commissioner of a consent to a chanigsse io of use shall not- ermp (a) absolve the occupier from any obligation to obotua t in the consent of any other authority to that chang ith we of use; or d (b) require any other authority whose cobun tesent to that change of use is necessary to grant thaisttr iconsent. or d d [s. 35] uc e d Sub-Part 3pro re Dispositions of Riyg bh et of Occupancy a General 40.–(1) A disposition of a roikg mht of occupancy shall- provisions as to bo dispositions (a) comply with thehi sprovisions of this section and sections 41, 42, 43 and f 4tt o 4; (b) be void ifo th arp e provisions of this section and sections 41, 42, 43 a. nNd d 44 are not complied with. (2) Unleesrvs e otherwise provided for by this Act or regulations s made utsn rd e er this Act, a disposition of a right of occupancy shall not g l rrieqh uire the consent of the Commissioner or an authorised oaffi l . Acer. ni za (3) A person proposing to carry out a disposition, other than an f T a disposition to which section 42 applies, shall send or deliver nt o e a notification in the prescribed form to the Commissioner or rnm an authorised officer before or at the time the disposition is ve Go carried out together with the payment of all premia, taxes and 5 02 dues prescribed in connection with that disposition. ©2 (4) The Commissioner shall, subject to the provisions of section 41, on receipt of a notification under subsection (3) and the payment of all premia, taxes and dues which may be prescribed, with all due dispatch, endorse that notification 590 THE LAND ACT [CAP. 113 R.E. 2023] with his signature and official seal and send or deliver a copy to the Registrar. (5) The Registrar shall not make any entry on the register in respect of any disposition or any right of occupancy transferred . as a result of a disposition to which subsection (3) applies unless OAG and until he is in receipt of a copy of a notification endorsed in n o f accordance with subsection (4). sios [se.r m i p 36] t ou Approval for 41.–(1) The Commissioner shall have power to conitsh w ider and dispositions ed Act No. approve categories of dispositions of land underu t his Act. 2 of 2004 s. 5 (2) Any assignment of a right of occupatrnibis cy which was granted to the assignor less than three years d o br efore the proposed assignment is to take effect, shall requ d uciere the approval of the Commissioner, which approval shprao dll not be unreasonably withheld. e r e b (3) A loan granted on t y mhae security of a mortgage by a prescribed lender or a disopo ko sition of a right of occupancy or a lease made by a preschrisi bb ed lender of moneys on the security t of a mortgage of larn od f t in the exercise of the power of leasing under section 12o0 p aor the power of sale under section 123, shall not require an N dy. approval under this section whatever the value of the mosretrg veage or disposition, at the time the disposition is made, btsu r et that disposition shall come within the provisions of sectioignhl r 42. Al ia. (4) Where the Commissioner has reasonable cause to believe anz that a disposition has taken place or is about to take place an f T which in order to avoid the requirement to obtain approval t o en under this section has been agreed between the parties to be rnme for a value less than the market value of the interest in land ov G which is the subject of the disposition, he may take any such 02 5 action in relation to dispositions to which that section applies. ©2 (5) A disposition which has been carried out without first obtaining the approval of the Commissioner shall be inoperative. 591 THE LAND ACT [CAP. 113 R.E. 2023] (6) The requirement to obtain approval to a disposition under this section shall not absolve an applicant for that approval from any other requirement to obtain any other consent, approval, permit, licence or other authorisation in . respect of that disposition or for the use and development of OAG the land to be acquired through that disposition under any n o f other law. siois (7) The Minister may, after seeking and taking into acpceo rmunt the views of the Commissioner by regulations unduet o r this section- ith d w (a) provide for dispositions or classes of dispuoteb sitions which do not require approval under this tri dsisection to require approval from the Commissionerd; or (b) provide for dispositions or classecsedu of dispositions which require approval under thise ps reoction- (i) not to require approve ar b l at all; or (ii) to require appro y mvaa l from the Commissioner. (8) The Commissionbeor o kshall approve sale of a right of occupancy without utnhis exhausted improvement if such sale complies with the prtr oo fvisions of subsection (9). (9) The sale o fp ao a right of occupancy without unexhausted improvement .m Ned ay be made to a citizen of Tanzania and shall be lawful ife rs tvhat land is sold in the following circumstances: (a) tsi r e h t is sold to a purchaser who agrees to comply with ig ll r development conditions; or . Aia (b) it is a partial transfer of interest in land for a joint za n n venture to facilitate compliance with development a of T conditions. nt e [s. 37] rnm oSv e G upervisory 42.–(1) The Commissioner may, on receipt of a notification 25 powers over 0 dispositions of a disposition under section 40(3), issue a notice in the ©2 prescribed form to the parties requiring them not to proceed with the disposition until- 592 THE LAND ACT [CAP. 113 R.E. 2023] (a) they have sent or delivered to him any additional information and documentation about the disposition which is specified in the notice; or (b) they have applied for and received approval for that . disposition. AG O (2) Where the Commissioner has reasonable cause to believe n o f that a disposition is about to take place or has taken place isosf io which he has not received notification under section 4er0mp (3) of the parties to the transaction of which he has knouwt o ledge requiring them- ith d w (a) to comply with section 40; or uteb (b) not to proceed with disposition until i d-is tr (i) they have sent or delivered t do o rhim any additional information and docu ce dmu entation about the disposition which is spepe rcoified in the notice; or (ii) they have applied fo bre ar nd received approval to the disposition. ay m (3) Where the Commisbsoi ookner has reasonable cause to believe, either of his own moti is othn or as a result of representations made to him by or on behrt aol ff of one of the parties to the disposition, that a dispositioon p ahas been or is in the process of being or is likely to be adff. e N e cted by fraud, or undue influence, or lack of good faithse, r vor the fact that one party appears to have taken e unfair r h atsdvantage over another party to the disposition or that the lld rii gsposition, not being a gift, is not for value, he may- A ia. (a) where the disposition has taken place and not more za n n than two years have elapsed since the conclusion of the of Ta formalities necessary to complete the disposition, apply nt e to the Registrar of Titles to enter injunction under m Caepr.n 334 section 80 of the Land Registration Act for rectification v G o of the land register; or 02 5 2 (b) where the disposition has not yet taken place- © (i) apply to the Registrar to enter an injunction to prevent the disposition from taking place; (ii) issue any notice that he can issue under subsection (2); or 593 THE LAND ACT [CAP. 113 R.E. 2023] (iii) issue a notice requiring the parties to the disposition to appear before him and give an explanation of the circumstances of the disposition. (4) Where the Commissioner issues a notice under . subparagraph (iii) or paragraph (b) of subsection (3), he may OAG after hearing the parties to the disposition, issue a notice under n o f subparagraph (i) or (ii) of paragraph (b) of subsection (3). sios [se.r m i 38] ut p o Application for 43.–(1) An application for a grant of approval for a dithsposition grant of approval d we for disposition shall be- ut (a) made on a prescribed form; tribis (b) signed by all the applicants; d d o r (c) accompanied by any otherc eu information which is prescribed or which mproa dy be required by the Commissioner; and re y b e (d) accompanied by any mfeaes which may be prescribed. (2) One application maoyo kb e made for a grant of approval for two or more dispositioniss bh and where that application is made, t the provisions of th f rt ios section shall apply to each disposition as if a separate oa p aplication had been made in respect of an approval for e N da. ch disposition. (3) These rC veommissioner may require relevant information additions rt ael to that which is referred to in paragraph (c) of subs reigl chtion (1) and shall not be under any obligation to d Al iae. termine an application in respect of which he has required n za additional information until that additional information has an f T been submitted to him or a satisfactory explanation of why nt o e that additional information cannot be submitted to him has rnme been submitted to him. ov G (4) The Commissioner may consult with any person or 5 02 organisation on an application for a grant of approval for a ©2 disposition but shall not be obliged to accept any advice received as a result of that consultation, nor, where that advice has been requested within a certain time, shall the Commissioner be 594 THE LAND ACT [CAP. 113 R.E. 2023] obliged to delay the determination on the application where that advice has not been submitted within that certain time. (5) The Commissioner shall- (a) grant approval, subject to any conditions which may be . prescribed which apply to that disposition; OAG (b) grant approval, subject to the conditions referred to in n o f paragraph (a) and any other conditions which he mia io ssy determine to impose; or pe rm (c) refuse to grant approval, to the application. ut o (6) A consent under subsection (5), in this Act rie th w ferred to d as a “certificate of approval” shall- te bu (a) be personal to the applicant; tri dis (b) not be assignable; and d o r (c) be valid for one year from thec edu date on which it was given. ro ep (7) A determination by the Co r bme missioner under subsection (5) shall be- may (a) in the prescribed ok bfo rm; (b) signed by the C s tho i mmissioner; (c) where it is art oc fertificate of approval, accompanied by a demand foo pr a any premium, taxes or dues which may be prescridb. Ned or which is determined by the Commissioner; (d) copeirev e s d to the Registrar; and e (e) htsd relivered or sent by registered letter to the applicant to ll r ig his last known abode or his usual place of business. A ia. (8) A person who has received a certificate of approval shall za n n pay all premia, taxes and dues which are required to be paid Ta of in connection with the disposition to which the certificate en t of approval refers and such disposition shall not be valid or ern m effective to transfer any interest in any land or give rise to any ov G rights in the transferee unless and until all the premia, taxes 02 5 2 and dues have been paid accordingly. © (9) The Commissioner, an authorised officer or any other officer to whom any premia, taxes or dues is or are required to be paid under this section shall endorse and sign a receipt for that premium, tax or due on the certificate of approval. 595 THE LAND ACT [CAP. 113 R.E. 2023] (10) The Registrar shall not make any entry on the register in respect of any disposition or any right of occupancy the subject of a disposition to which this section applies unless and until he is satisfied that all premia, taxes and dues in respect of . that disposition have been paid and a receipt for the same has OAG been validly endorsed on the certificate of approval. of n [s. 3is9s] io erm Reconsideration 44.–(1) Where the Commissioner has refused an app t p oulication of application for approval for a disposition or has granted it wsit h for approval for ubject to disposition conditions, the applicant may request the Cuteo dmmissioner to reconsider that application with a view totri bis granting it, or granting it free of or with amended conditiro d o ns. (2) A request for a reconsideraticoedu n of an application shall be- pro d (a) made on a prescribed form re be signed by the applicant; (b) accompanied by anmya y information which may be prescribed and wh k oioch the Commissioner may require; and s b thi (c) accompanied rt o fby any fee which may be prescribed. (3) In determo ipn aing an application under this section, the Commissioner. Nd shall have all the powers and take account of all the rve sceriteria set out in this Sub-Part which apply to an applicattsi ro en for a grant of approval for a disposition. h rig [s. 40] . A ll a Criteria for i za n45.–(1) Subject to the provisions of this section, there shall be determining an application fo Tr a presumption that an application for a grant of an approval for f grant of natp oproval a disposition shall be granted. for dimspeosition Actr Nn o. (2) In determining whether to grant an approval for a e o7v of 2016 disposition, the Commissioner shall, taking into account the G2nd Sch. 02 5 presumption set out in subsection (1), have regard to- ©2 (a) whether the occupier of land which is the subject to the proposed disposition has complied with all the conditions in the right of occupancy subject to which he occupies that land; 596 THE LAND ACT [CAP. 113 R.E. 2023] (b) where a right of occupancy is to be transferred or a lease is to be granted out of a right of occupancy, whether the price at which the transfer or grant is to be made is at a significant undervaluation of the land; . (c) where the applicant already occupies or has at some OAG time in the past occupied land in Tanzania under a of n right of occupancy, the amount of land occupied anissd io whether that land is being or was occupied and eurmp sed in accordance with the conditions of the orui tg ht of occupancy for which it is or was held; ith d w (d) whether the person or body to whom orb wu tehich the land is to be disposed has any criminal codins tvri ictions relating to dishonesty, fraud or corruption;o ar d nd (e) whether the disposition concdeur cne s the interest of risk groups such as displaced peerps roons, children and any low income persons. e r b (3) Where the Commis smi aoyner is of the opinion that a right of occupancy in lanbdo o kis to be transferred at a significant under-valuation or a lheis t a se is to be granted at a premium or for a rent which is srit go fnificantly below the value of that lease in the open markeot ,p athe Commissioner may require the parties to the disposedit . iNon to obtain, at the expense of the proposed transferees,e ra v valuation of that land from a registered valuer rewhichh ttshe Commissioner shall nominate, and consent shall not l rbigl e granted to any disposition to which this subsection aap. A i plies at a price which is less than the value put upon the land za n n by the nominated valuer. a of T (4) An application of a grant of approval for a disposition nt e shall be determined by the Commissioner within sixty m ern days or any longer period which may be agreed upon v G o between the Commissioner and the parties to the proposed 25 20 disposition. © (5) Where a determination has not been made within the period specified in subsection (4) and no agreement has been reached between the parties to the disposition and the 597 THE LAND ACT [CAP. 113 R.E. 2023] Commissioner to extend the specified period, the approval to the disposition shall be deemed to have been refused. Cap. 355 (6) Nothing in this section shall be taken to dispense with the requirement to obtain permission to develop land under . the Urban Planning Act, and any other laws relating to the G OA erection of buildings on land. of n (7) The Minister may, after consulting with the Minist io isesr responsible for agriculture, by regulations set out by refepree rmnce to regions, districts or agro-ecological zones the amoou t nts of land necessary for a small holder to feed himself and i w h this family d and when such regulations have been made, the Cuteommissioner shall comply with them when exercising hisis t b d friunctions under paragraph (e) of subsection (2). d o r ce rod u [s. 41] ep Power to 46.–(1) An occupier of land unbdee rr a right of occupancy may surrender right of occupancy surrender the whole or a pa y mrat of the land comprised in that right of occupancy. k oo (2) The Commissiohnis ebr shall not accept any surrender of t the whole or a part r t o ff any occupied land unless the following circumstances ap a o p ly: (a) all rendt. , N taxes and dues owed to the Government in res rve speect of that land are fully paid up; (b) re tst he land will not create, cause or give rise to or a rig h l transfer of, any liability in contract, tort or otherwise to . A l ia the Government; n za (c) the land is not subject to any subsisting mortgage, an of T charge or encumbrance; nte (d) the land is not subject to any action in court by a lender ern m to possess and sell the land; v G o (e) the land is not subject to any action by a trustee in 250 bankruptcy on behalf of creditors or is not otherwise ©2 subject to an order of attachment by any court; (f) the surrender is not designed to defeat the rights of a spouse to share in or obtain part of the land; 598 THE LAND ACT [CAP. 113 R.E. 2023] (g) every co-occupier and person or body having any interest in that land has consented in writing to the surrender; and (h) the land is surrendered in consideration of natural love . and affection. G OA (3) Where the Commissioner is satisfied that an application n o f for the surrender of the whole or a part of the land is due istso io hardship or poverty and by reason of that hardship or popvee rmrty, the applicant is not able to pay any rent, taxes and oth t ouer dues which he owes to the Government, the Commis siiothw ner may d remit the whole or a part of any moneys whicbhu tethe applicant owes the Government. tri dis d o r [s. 42] e uc Procedure for 47.–(1) A deed of surrender of a rpigroh dt of occupancy shall be surrender of right re of occupancy in writing using the prescribed fboerm and signed by the person surrendering the right of occmuapya ncy and shall be accompanied by- oo k (a) any fee which m b hisay be prescribed; t (b) any written rt o f consents which are required under paragraph p (ao g) of section 46(2); and (c) the ce N dr.t ificate of occupancy, or where the certificate occurvpese ancy is in the possession of a lender, charge or tsl ire en-holder, a written notice, signed by that lender, rig h l charge or lien-holder as evidence of that fact. l a. A i (2) On receipt of the deed of surrender and all accompanying anz documents, the Commissioner shall, if it appears to him that an f T all the conditions specified in section 46 are satisfied and that t o en the documents are all in order, accept the surrender by signing rnme the deed of surrender. v G o (3) In any case where it appears to the Commissioner that 5 02 one or more of the matters referred to in subsection (2) are ©2 not satisfied or in order, he shall refuse to accept the deed of surrender. 599 THE LAND ACT [CAP. 113 R.E. 2023] (4) Where the Commissioner has made a determination in terms of either subsection (2) or (3), he shall- (a) notify the occupier; (b) where the surrender is of a part of the land- . (i) notify the occupier of any revision to the rent for G OA the remaining portion of the land; of n (ii) cancel the existing certificate of occupancy; and siois (iii) issue a new certificate of occupancy tope rmthe occupier; and ut o (c) present any deed of surrender and certitih w ficate of d occupancy to the Registrar. uteb (5) The Registrar shall take steps which satr i di re necessary to amend the register in the light of the info romr d ation of which he is notified by the Commissioner. ce rod u ep [s. 43] e r b Subm-ay Part 4 k Breach of Cond ibtoi o s ons of Right of Occupancy hi When breach of 48.–(1) A breach f t t oof a condition requiring continuous condition of right of occupancy performance shao lpl a rarise as soon and continue as long as the arises condition is ndo. Nt complied with. (2) A berrev each of a condition subject to a fixed term shall s arise- re ts (la ri)g h in the case of a condition requiring the doing of any Al a. act within any time specified in the condition or where ni za that time has been extended by the Commissioner, n f T a within that extended time, upon the expiry of that time nt o e without that act having been done; and rnm (b) in the case of a condition requiring any act to be refrained ve Go from until any time specified in the condition or where 5 20 2 that time has been extended by the Commissioner, © within that extended time, upon the doing of that act before that time. 600 THE LAND ACT [CAP. 113 R.E. 2023] (3) Where any condition consists of two or more separate obligations or liabilities, a failure to fulfil any of those obligations or liabilities shall constitute a breach of the condition. [s. 44] . AG Liability to 49.–(1) Upon any breach arising from any condition subject O of revocation for breach of to which any right of occupancy has been granted, the right sosfi o n condition occupancy shall become liable to be revoked by the Presidemni Act No. er t. 1 of 2018 s. 9 (2) The President shall not revoke a right of occupan p ouc t y save for the good cause. with (3)3 In subsection (2) “good cause” shal d ul te include the following: ib ist r (a) there has been an attempted disp oors dition of a right of occupancy to a non-citizen concedu trary to this Act and any other law governing driosdp positions of a right of occupancy to a non-citizbe e en r ; (b) the land the subject omf at yh e right of occupancy has been abandoned for not olek o ss than two years; (c) where the righth iso bf occupancy is of land of an area of t not less thanrt fio f ve hundred hectares, not less than eighty per centuom p a of that area of land has been unused for the purpods.e N for which the right of occupancy was granted for enrv e s ot less than five years; (d) st hr e t ere has been a disposition or an attempt at a rig h l disposition which does not comply with the provision . A l ia of this Act; anz (e) there has been a breach of a condition contained or n f T a implied in a certificate of occupancy; o en t (f) there has been a breach of any regulation made under m ern this Act; and v G o (g) where there is contravention of section 125 or 126. 5 02 (4) Notwithstanding the provisions of subsection (2), the ©2 President may revoke a right of occupancy if in his opinion it is in the public interest to do so. 3 Note: Subsection (2) has been split into subsections (2) and (3) for proper arrangement of legislative sentence and subsections. 601 THE LAND ACT [CAP. 113 R.E. 2023] (5) Before proceeding to take any action in respect of a breach of a condition of the right of occupancy, the Commissioner shall consider- (a) the nature and gravity of the breach and whether it . could be waived; G OA (b) the circumstances leading to the breach by the occupier; f n o (c) whether the condition that has been breached could ibsse io amended so as to obviate the breach, pe rm and shall in all cases where he is minded to proceedo ut t o take action on a breach, first issue a warning letter to th th wei occupier d advising him that he is in breach of the conditiobun tes of the right of occupancy. i dis tr (6) The Commissioner may, instead r do of proceeding to the enforcement of the revocation- uc e (a) impose a fine on the occuprpo d e ier in accordance with section 50; e r b (b) serve a notice on t hmea y occupier in accordance with section 51 requiribnog ok the breach to be remedied. (7) The Commissio thn iser may, at any time, withdraw from taking action unde f rrt o section 50 or withdraw a notice served under section 5o 1p a and proceed to the enforcement of the revocation un N edd . er section 53. (8) A r rv seight of occupancy which has become liable to be e revokedts rh under this section shall cease to be so liable if the bre ig lal rch is subsequently remedied. . A [s. 45] an ia nz Fine for brea cThaf of 50.–(1) Where any breach of a condition has arisen, the conditio o en nt Commissioner may serve a notice in the prescribed form, ern m on the occupier requiring him to show cause as to why a fine ov G should not be imposed upon him in respect of such breach. 5 02 (2) The occupier shall, within the time specified in the ©2 notice, respond to the notice. (3) Where the occupier has not responded to the notice or where he has failed to show cause as to why a fine should not be imposed to the satisfaction of the Commissioner, the 602 THE LAND ACT [CAP. 113 R.E. 2023] Commissioner may serve a notice on the occupier in the prescribed form requiring him to pay a fine as prescribed by the Minister by regulations made under section 189 of this Act and in the case of a continuing breach, the occupier shall . be liable to a further notice to pay a further fine for each day AG O during which the breach continues. of n (4) The Commissioner may, and shall where the occupi io isesr has not committed any other breach of a condition of thep er rimght of occupancy, suspend the payment of any fine for upu tt o o two years and if the occupier does not commit that br ith weach again d within the period during which the fine is suspbeun teded, the fine shall lapse and shall no longer be payable. ri dis t (5) Where the fine is paid in full andd on r o notice has been served under section 51 in respect odfu ctehe breach, no further action shall be taken by the Commprioe ssioner in respect of that breach. r be (6) Where the Comm ay imssioner is satisfied, after due inquiry, that the breach inokbo respect of which a fine has been paid is continuing, or is th as recommenced, he may take action in respect of that crot on f tinuing or recommenced breach under section 51 or 52. pa . N o ed [s. 46] se rv Summary action 51.–(1) Wrets here any breach of a condition has arisen, and it to remedy breach gh of condition apple rai rs to the Commissioner that the breach is capable of l b A iae. ing remedied by the occupier within a reasonable time, anz he may serve a notice in the prescribe form on the occupier Tan f specifying the action required for remedying the breach and nt o e requiring the occupier to take any action within the time rnme specified in the notice. Gov (2) The occupier on whom a notice under this section is 5 02 served shall be responsible for the compliance with that notice. ©2 (3) Where a notice served under this section is complied with, further action shall not be taken by the Commissioner in respect of that breach. 603 THE LAND ACT [CAP. 113 R.E. 2023] (4) Where it appears to the Commissioner that the notice has not been complied with or that the breach in respect of which the notice was served is continuing or has recommenced, he shall proceed with the enforcement of the revocation of the . right of occupancy in accordance with section 52. OAG [s. 47] f ion o ss Action to enforce 52.–(1) Where the Commissioner is satisfied that- i rm revocation e t p for breach of (a) a notice served under section 51 has not been cooumplied condition with; with (b) the breach of condition is so serious and o d utfe far-reaching consequences that- ist rib (i) it would not be practicable d ofro r the occupier to remedy that breach within ed u ca reasonable time; or (ii) the occupier has prdo demonstrated a clear unwillingness to come r e b ply with the conditions of the grant of the riagym h t of occupancy made to him; (c) there has been an k o oattempted disposition of a right of occupancy to ah sn bi on-citizen contrary to this Act and t any other la f rtw o governing the disposition of a right of occupancoy p ato a non-citizen; (d) the landd. N the subject of the right of occupancy has been abaenrvs deoned for not less than two years; (e) tsw r ehere the right of occupancy is of land of an area of h l ri g not less than five hundred hectares, not less than eighty . A l ia per centum of that area of land has been unused for the n za purpose for which the right of occupancy was granted an f T for not less than five years; t o en (f) there has been a disposition or an attempt at a ern m disposition which does not comply with the provisions Gov of this Act; and 5 02 (g) any rent, taxes or other dues remain unpaid for six ©2 months after a written notice in the prescribed form was served on the occupier, and section 35(3) does not apply to the occupier, 604 THE LAND ACT [CAP. 113 R.E. 2023] he shall- (i) serve a notice of revocation in the prescribe form on the occupier; (ii) cause a copy of that notice to be served on all . persons having an interest in the land; and AG O (iii) notify the Registrar of the services of the notice n o f which shall be recorded in the Land Register. io iss (2) A notice of revocation shall, subject to the provisiopen rms of this section, take effect ninety days after it has been seoruv t ed on the occupier. ith d w (3) As soon as the notice of revocation has coumteb e into effect, the Commissioner shall recommend to the Pr r dise t si ident to revoke the right of occupancy. or ce d du [s. 48] pro Revocation and 53.–(1) As soon as the Presiden e bte a rpproves a revocation under its effects section 52(3) of this Act, them aCy ommissioner shall cause it to be published in the Gazettke oo and in one or more newspaper circulating in the area w b hish ere the land subject of the revocation t is situate a notificatrito on f of that revocation. (2) Upon the oa p aproval of the revocation by the President- (a) the rigdh. t N of occupancy to which it refers shall determine imsm e ervediately and without further action; (b) a rlets l derivative rights, created out of the right of l ri gh occupancy which has determined shall determine Al ia. immediately and without further action; anz (c) all rights and interests in the land the subject of the n f T a right of occupancy shall revert to the President and the nt o e same shall be registered in the Land Register; m ern (d) subject to subsection (3), all unexhausted improvements v G o shall vest in the President without further action; 5 02 (e) any rent, taxes or other dues owing to the Government ©2 arising out of or attributable to the grant of the right of occupancy shall be extinguished; and 605 THE LAND ACT [CAP. 113 R.E. 2023] (f) all proceedings relating to the right of occupancy or the land the subject of the right of occupancy which were or could have been commenced against the occupier and all proceedings which were or could have . been commenced against any person, other than the OAG Commissioner, by the occupier shall be taken over by of n the Government and thereafter shall be pursued againisst io or by the Government as the case may be providedpe t rhmat, in any case in which the Government is a de t ofuendant, the Government may join the former occup wiei thr as a co- d defendant and shall have a right to call ubpuo ten or take any action which may be necessary to cdo ri ismt pel the former occupier to pay any damages ord coo r sts which may be awarded against the Governmencedu t in such a case. (3) There shall be payable to thpre eo former occupier whose right of occupancy has been rbe vroked compensation which shall equal the value of uneaxy hausted improvements made in accordance with the teromk m bo s and conditions of the right of occupancy on the land th a ist the time of the revocation less- (a) the costs to hofrt e Government of any proceedings for or taken in co op annection with the revocation; (b) any reedn . Nt, taxes and dues together with any interest ons etrh v e rent, taxes and dues which were owned to the e htsG rovernment immediately before the revocation; (llc ri) g any sums owed by the former occupier, or by the A ia. Government as a consequence of the revocation, to any n nz a person claiming a derivative right to the land through f T a o the former occupier; nt e (d) any moneys which the Government is obliged to spend m ern or which it is reasonably necessary for the Government ov G to spend to repair any damage to the land or any 25 20 building on the land or to any contiguous land or to © any occupying and using the land or any contiguous land as a result of any act or omission to act by the 606 THE LAND ACT [CAP. 113 R.E. 2023] former occupier during his occupation, whether that act or omission, to act was lawful or not; and (e) any other expenses which the Government incurs or may reasonably anticipate incurring as a result of or on . account of the revocation. AG O (4) Where, as a result of any calculation undertaken under n o f subsection (3) the former occupier owes the Government ain io ssy money, the Commissioner shall serve notice on that ppee rmson demanding that money from that person within fourteoue tn days of the service of the notice and if at the expiry of twhi atht period, d that money has not been paid, an action may b te bue commenced in the court in accordance with this Act to rectoridis ver that money as a civil debt owned to the Government. or d (5) The Commissioner may grant uacd ney relief including the payment of any sums of money wheipc roh appear to him to be fair and reasonable to any person cla r bieming a derivative right under the right of occupancy whic y mh a has been revoked but relief or sum of money shall notb boko e granted to any person who has contributed to or part ithc iisp ated in or benefited from, directly or indirectly, any act o f rrt oomission to act, the doing or not doing of which is the reas a oo pn or one of the reasons for the revocation of the right of oecdc . Nupancy. se rv [s. 49] re 54.–(ig1h ts Summary l r ) Subject to the provisions of this section but without proceedings for l recovery of rent piar. e Ajudice to any other remedy for the recovery of rent and Act No. n za interest payable under section 35, where any person who is 11 of 2005 s. 13an f T liable for rent for a right of occupancy granted under this Act t o en fails to pay such rent or any instalment thereof on the due date, m ern an authorised officer may serve or cause to be served on such ov G person, a written notice calling upon such person to pay such 5 02 rent or instalment together with interest, if any, within fourteen ©2 days of the service of the notice and, if at the expiration of such period of fourteen days, the rent or instalment and interest, if any, has not been paid, the authorised officer may cause a 607 THE LAND ACT [CAP. 113 R.E. 2023] copy of the notice to be filed in the District Land and Housing Tribunal or district court within the area in which the land to which the right of occupancy relates is situate, and upon such copy being so filed, it shall be deemed to be a decree . passed by such court against the person to whom the notice is OAG addressed for payment by him to the President of the amount f n o specified in such notice as being due from him together wiistsh io such interest thereon at the court rate from the date on wpeh rmich such notice is so filed till payment and such decree oum t ay be executed by the court on the application made ex paith w rte by the d authorised officer, either by the issue of a warrutaeb nt or in any other manner in which a decree passed by suistcr i d h court may be executed, and the court shall have jurisdidc otrion to execute such decree notwithstanding that the amou c dunte involved may exceed the pecuniary jurisdiction of the coepu rort. (2) An application undeer r b this section shall be accompanied by- may (a) a copy of the demok boand containing a certificate by the person, who se is trhved the same stating the time and place of service and of the person on whom it was served; (b) a certificat pea rt o by the authorised officer of the amount due and owd. N e ing, and upons erp vroduction thereof the court mentioned under e subsechtsi ort n (1) shall have jurisdiction to grant such summary war g llr rai nt, and be executed in all respects as though it were both aa . A i warrant of attachment and a warrant of sale issued out by n nz a such court. a Cap. 216 of T (3) Subject to section 22(1) of the Land Disputes Court nt e Act, filing of a copy of notice in the district court shall apply ern m where the District Land and Housing Tribunal has not been v G o established or is not operational at the district level. 5 20 2 (4) The notice required to be served under subsection (1) © shall be served either by delivering a copy thereof to the person to whom it is addressed or by leaving a copy thereof at his usual place of residence or business or by publishing such notice in 608 THE LAND ACT [CAP. 113 R.E. 2023] such newspaper or newspapers as the authorised officer may determine. (5) In this section “authorised officer” means the Commissioner for Lands and such other person as he may . appoint in writing in that behalf. AG O [s. 50] n o f ss io Abandonment 55.–(1) Land held for a right of occupancy shall be takeernm ito of land held under right of have been abandoned where one or more of the follt opou wing occupancy factors are present: ith w (a) the occupier owes any rent, taxes or dueust ei dn respect of the land and has continued to owe suistcr ihb rent, taxes or dues or any portion of them for no d otr less than five years from the date on which any re ed unct, taxes or dues or any portion thereof first fell to bper op daid; (b) the occupier has left theb ec roeuntry without making any arrangement for any y mpaerson to be responsible for the land and for ensu k oroing that the conditions subject to which the righth oisf b occupancy was granted are complied t with and thra t to f occupier has not given any appropriate notificati a oo pn to the Commissioner; (c) any bu. iNd lding on the land has fallen into a state of sucsehr v edisrepair that it has become a danger to the tsh re ealth and safety of any person occupying that h l ri g building for any lawful purpose or a neighbor to the Al ia. occupier; za n (d) persons with no apparent lawful title so to do are an f T occupying or using the land or any buildings on the t o en land and one or more of those persons or a person from rnme a community which contains one or more such persons v G o have so occupied or used the land or any building on the 5 02 land for a period of not less than two years immediately ©2 preceding the date on which in accordance with this section, the Commissioner publishes a notice of abandonment in the Gazette; or 609 THE LAND ACT [CAP. 113 R.E. 2023] (e) by reason of the neglect of the land, the land is- (i) no longer capable, without significant expenditure and remedial work, of being used for productive purposes; or . (ii) suffering serious environmental damage. G OA (2) Where it appears to the Commissioner that any land n o f has been abandoned, he shall publish in the Gazette and inis sa io newspaper circulating in the area where the land is situ r paet me, a notice of abandonment which shall- t ou (a) state the location of the land; with d (b) state the boundaries of the land; bu te (c) set out briefly the grounds on which tdhs terii Commissioner intends to rely in determining thda ot r the land has been abandoned; and ce du (d) state the time, being not lespsre othan sixty days from the date of the publication o bfe t rhe notice, within which any person claiming to h ma avye an interest in the land may show cause why theokbo land should not be declared to be abandoned. s th i (3) Where ther t oC f ommissioner after considering any representations or ep aceived under subsection (2)(d) determines that the land h. Ned as been abandoned, the Commissioner shall issue in thervs prescribed form, a declaration of abandonment reand shhtsall send a copy of that declaration to the occupier of th riegll land at his last known place of abode or last known a A iad. dress. an nz (4) Proceedings to revoke a right of occupancy under section f T a o 52 in respect of land which has been declared abandoned t en under subsection (3) shall be commenced forthwith. rnme (5) Where any person claiming to have an interest in land ov G shows cause that the land is not abandoned, the Commissioner 02 5 2 if satisfied as such shall take no further action. © [s. 51] 610 THE LAND ACT [CAP. 113 R.E. 2023] Sub-Part 5 Auctions of Right of Occupancy Auction of and 56.–(1) The Minister may, after considering the advice of the G. tenders for rights of occupancy Commissioner, direct that any portion of general land, be A of O made available for development through a right of occupancsyio n by means of- mis r (a) an auction; or t p e u (b) a process of tendering for the land. thoi (2) The Minister shall make regulations gto w edverning the holding and conduct of an auction and the proc u triebss of tendering for land. s or di ed c [s. 52] rod u PART V reIpI be CONVERSION OF y m IaNTERESTS IN LAND k bo o is Sub-Part 1 f th Valida o atriton of Interests in General Land p Validation 57.–(1) This s.e Nc otion applies to any disposition of a right of of certain dispositions occupancy d rvoer of an interest in land held under customary e completed before tenure o rre s any other form of informal tenure, wheresoever coming into the lanhtdsoperation of this rig in respect of which the disposition has taken place is Act lo ll . cAated, where the parties to that disposition- ia an (a) should have but did not obtain a grant of approval from nz Ta the Commissioner or other relevant authority; and nt of (b) applied for a grant of approval but notwithstanding the nm e refusal of approval, carried out that disposition, r ov e where the disposition has been completed before the coming 5 G2 into operation of this Act. 0 ©2 (2) A person who is occupying land which he has obtained under or as a consequence of a disposition to which subsection (1) applies, shall by virtue of this section be deemed to be in lawful occupation of that land for a period of six years from 611 THE LAND ACT [CAP. 113 R.E. 2023] the date of commencement of this Act or any longer period which the Minister, after seeking and taking account of the advice of the Commissioner, shall, by order published in the Gazette, determine and may, within two years from the date of . the commencement of this Act or any later date, being earlier AG O than the period of six years or any longer period referred to of n in this subsection for which this occupation is lawful, as tihsse io Minister may, by order, prescribe, apply to the Commisspieo rmner for a certificate of validation of that occupation. ou t (3) An application for a certificate of validatio wni th shall be d made- uteb (a) on a prescribed form; tri dis (b) accompanied by the prescribed fe r de o; (c) signed by the applicant o e dru c his duly appointed representative or agent; ro (d) accompanied by any otheer r ep b information which may be prescribed or which t y mh ae Commissioner may require. (4) The Commissionerb s ohko all, on being satisfied that- (a) the provisions tho isf subsection (3) have been complied with; and f rt o (b) the provi a os pions of section 45(2)(d) do not apply to the applicea N d.n t, issue a cer r steifi vcate of validation to the occupier in the prescribed e form. r hts (ll5 ri) g Where the occupation which is validated by a certificate o A iaf. validation is an occupation which was commenced after a za n n disposition which purported to transfer a right of occupancy in of Ta the occupied land to the person who has obtained a certificate en t of validation or his predecessor in title, the receipt by the ern m occupier of a certificate of validation shall entitle that person v G o to apply for and obtain a right of occupancy for a period of not 02 5 2 less than thirty three years. © (6) Where the occupation which is validated by a certificate of validation is an occupation which was commenced by a transaction which purported to be a lease or sub-lease of the occupied land to the person who has obtained a certificate of 612 THE LAND ACT [CAP. 113 R.E. 2023] validation or his predecessor in title, the receipt by the occupier of a certificate of validation shall operate- (a) as a grant of consent for a lease or, as the case may be, a sub-lease for a term of the same length as the lease . which is being validated, retrospective to the date OAG when the lease or, as the case may be, sub- lease in fact n o f commenced whether that lease or, as the case may besiois , sub-lease was in writing or not; rm pe (b) where the lease was granted out of an interest uitn o land which is by this section validated as a right of woi tchcupancy d for thirty three years, and was for a peribou tde longer than thirty-three years, the validation odfs tri tihat lease shall operate to reduce the term to thirdt yo r three years less ten days; ce du (c) to bring the lease, other ro epthan a lease created out Cap. 117 of customary tenure, w bei trhin the provisions of the Registration of Docu mm aey nts Act, or where the land out of which the leaseb oo okr sublease has been created is held Cap. 334 for a right of is thoc cupancy registered under the Land Registrationrt Ao fct, under the provisions of that Act. (7) Where, thoe po accupation which is validated by a certificate of validatione di . sN an occupation which was commenced as a result of as seru vbdivision of land in favour of the person who has e obtain r hetsd a certificate of validation or his predecessor in title, the ll rie gceipt by the occupier of a certificate of validation shall o A iap. erate as a permission lawfully to occupy that sub-divided n nz a land with any development on it which has been constructed f T a o during the period of occupation which is validated without t en the requirement to obtain any other permissions or consents ern m under any other law for that sub-division or development on ov G it, except that, such permissions and consents shall be required 25 20 for any sub-divisions or developments on the land which © commence after the commencement of this Act. (8) Where the disposition for which a certificate of validation is issued was a purported mortgage, charge or lien on the land, 613 THE LAND ACT [CAP. 113 R.E. 2023] the issue of a certificate of validation to the lender, charge or holder of the lien shall operate- (a) as a grant of approval for the mortgage, charge or lien; or . (b) to bring that mortgage or charge, not being a customary AG O mortgage or charge, within the provisions of the f n o Cap. 117 Registration of Documents Act, or where the mortgaigsse io Cap. 334 was of an interest in land registered under the pLe ramnd Registration Act, under the provisions of that Auct t. (9) Where the occupation or transaction whichith o w is to be d validated by a certificate of validation is an te bou ccupation or transaction which cannot with any certaintydi sb trie related to any of the legal transactions referred to in subd soe r ctions (5) to (8) or which was commenced as a result of a ce d turansaction governed by customary law, the Commissionere sph roall, after an investigation of the incidents of the occupatio ne arb nd any transactions relating to them of the land and takimna gy any advice on customary law which he considers nece ok bossary, classify that transaction into one of the categories rthe ifse rred to in subsections (5) to (8) and issue a certificate ofr t vo falidation accordingly. (10) Where a p peao rson has received a certificate of validation under subsectdi. e oNns (5) to (9), he may pursue any action which may be reseqr vuired to obtain or register or otherwise perfect e the int r hetsrest in land referred to in those subsections and until he d roigll es so take any action referred to in this subsection, the in. tAia erest in land which he has obtained through a certificate n nz a of validation shall not be capable of being the subject of any a of T disposition. nt e [s. 53] ern m ov GEffect of non- 58.–(1) Where a person who occupies land under a disposition 25 application for to which section 57 applies does not comply with that section ©20 certificate of validation immediately before the termination of the date referred to in that section or any later date which the Minister may prescribe, the interest by which the land was occupied by that person shall be deemed to be a licence, valid and irrevocable until the 614 THE LAND ACT [CAP. 113 R.E. 2023] end of the period of six years referred to in section 57, without prejudice to any derivative rights which that person may have created during his occupation and which have been validated by a certificate of validation issued under section 57. . (2) At any time before the end of the period for which the G OA licence referred to in subsection (1) is valid and irrevocable, the f n o occupier under that licence may apply for a right of occupancsyiois or as the case may be a lease and the provisions of sectiopne rsm 24 to 56 shall apply to that application as if it were an appouli t cation for a right of occupancy or, as the case may be, an apith w plication d for the disposition of a lease under sections 24 te btuo 56. (3) Where an occupier to which this dsise trci tion applies is refused a right of occupancy or a lease, h r d eo shall be entitled to compensation for the value of the unedxu cheausted improvements on the land. ro re p y b e [s. 54] ma Validated 59.–(1) Where a person whok o ccupies land under an irrevocable derivative rights o where certificate licence created under tihs h eb provisions of section 58 is granted t of validation not a right of occupanc yof rt as a result of an application for a right applied for of occupancy unod pe ar section 58(2), any derivative right in that land validatedd . u Nnder and in accordance with the provisions of sections 5s7e rt voe 61 shall be held to be that right of occupancy. (2) W rhets ere a person who occupies land under an irrevocable licenl ricge h created under the provisions of section 58 is refused a r A l iai.ght of occupancy, a lease validated under and in accordance za nwith the provisions of sections 57 to 61 held of the interest in an f T land which was by section 58 converted into an irrevocable t o en licence shall, at the expiry of the period of the irrevocable ern m licence, be converted into a right of occupancy for the same ov G term as the lease was granted for but if that term was more 02 5 than thirty three years or the term was indeterminate or ©2 unclear, then the term of the right of occupancy shall be for thirty three years. (3) A validated derivative right of occupation created out of an interest in land which was, until it was converted 615 THE LAND ACT [CAP. 113 R.E. 2023] into an irrevocable licence by the provisions of section 58, a derivative right shall as from the date of the termination of the irrevocable licence, be held of the next superior holder of a validated derivative right of occupation or where there is no . such person, or the holder of a validated right of occupancy, OAG or as the case may be, a right of occupancy granted under the of n provisions of section 57. siois (4) The terms and conditions on which a validated deripvea rmtive right of occupation shall be held under this section osuh t all be as near as may the same as it was held of the unwait uhthorised d disposition immediately before the provisionsb u toef section 57 were applied to that unauthorised dispositionistd ,r iexcept that any terms and conditions that conflict withd oo r r are inconsistent with any of the provisions contained diun ce sections 65 to 176 of this Act shall not be valid. proe (5) Where the terms and coned r b itions on which a validated derivative right of occupatio mn a yis to be held of a person under this section are not clear orkbo the parties cannot agree on them, either party or both of t ht ihs em may- (a) refer the mart toe f r to a court for its decision; or (b) request tho ep a Commissioner to assist the parties to reach an agerde .e Nment on those terms and conditions. (6) Whserr ve any land or interest in land to which this section e appliehst sh ras been made the subject of one or more mortgages dur g lli nri g any time prior to the application of section 56 to the land oar. A i any interest in the land which has come into being through n nz a an unauthorised disposition, and those mortgages have been of Ta validated in accordance with section 57, the following rules t en shall apply to determine the priority of those mortgages: m Caepr.n 117 (a) where the mortgages have been registered under the ov G Registration of Documents Act, their priority shall 25 20 rank in accordance with the date of their registration; © (b) where two or more mortgages have been validated through the issuing of a certificate of validation, their priority between themselves shall rank in accordance with the date recorded on the certificate of validation 616 THE LAND ACT [CAP. 113 R.E. 2023] of when those certificates were issued but after any mortgage referred to in paragraph (a); Cap. 117 (c) a mortgage registered under the Registration of Documents Act, shall rank before any validated . derivative right of occupation irrespective of when AG O those certificates were issued but after any mortgage of n referred to in paragraph (a); io iss (d) a mortgage validated by the issuing of a certific rm paete of validation which was created before a derivatiovu te right of occupation validated by the issuing of a ith w certificate d of validation shall rank before that deutreb ivative right of occupation validated by the issui tri dnisg of a certificate of validation shall rank before dt ho ra t derivative right of occupation irrespective of duth cee date when the two certificates were issued. proe be r [s. 55] ay m oSob ukb-Part 2 his Regularf itsation of Interests in Land rt o Application of 60. Sections 60 o tpo a 64 of this Act apply to land within the sections 60 to 64 boundaries ofd . a Nny urban authority and to any land in a peri- urban areae rvw e hether that land is within the boundaries of a s village ta e s nr d is village land or not. h ll r ig [s. 56] . Aa Purpose of an6 i 1.–(1) The purpose of a scheme of regularisation is to facilitate and criteria nz for declaratifo Tn a the recording, adjudication, classification and registration of of schemet on the occupation and use of land by those persons living and regulamreisation rn working in an area declared by sections 60 to 64 of this Act to e ov be subject to a scheme of regularisation. 25 G (2) The criteria to be taken into account in determining 0 ©2 whether to declare a scheme of regularisation in any area are- 617 THE LAND ACT [CAP. 113 R.E. 2023] (a) whether the area is used substantially for habitation in dwellings of their own construction or dwelling places adapted from buildings abandoned by their former occupiers by persons holding at the will or sufferance . of a person having title to the land or as trespassers; G OA (b) whether a substantial number of persons living in the n o f area appear to have no apparent lawful title to their uissse io and occupation of land notwithstanding that they rm p ehave paid for or are paying for the land they are ococuu t pying and manage the land in accordance with rule ith ws generally d recognised within the area; uteb (c) whether the land, although part odf ri is t an urban local authority is occupied under cdu os r tomary land law, whether that customary landd u claew is the law of one group of people living in theep raorea; (d) whether the area is a sub bset ar ntially built-up area; (e) whether the area has mb aeyen or is likely to be declared to Cap. 355 be a planning areabo u oknder the Urban Planning Act; (f) whether the ar s teh ia has a substantial number of persons who have live odfrt there for a substantial period of time so a that the aor pea is a well established and settled area from a sociadl. N e point of view; (g) wh rv sether there is evidence that despite the lack of any re hts ecurity of tenure for the persons living in the area, ig ll r a considerable number of such persons appear to be A ia. investing in their houses and businesses and attempting n nz a to improve the area through their own initiatives; f T a o (h) whether a substantial number of people and nt e community-based organisations within the area ern m indicate that they wish to participate in a scheme of v G o regularisation; and 25 20 (i) such other criteria which may be prescribed or which © the Minister considers relevant. [s. 57] 618 THE LAND ACT [CAP. 113 R.E. 2023] Determination 62.–(1) The Minister may, of his own motion or at the request of whether to declare scheme of of an urban authority or a village council within an urban or regularisation peri-urban area, either direct the Commissioner to consider, or appoint an inquiry under section 18 to consider the question of . whether any area to which sections 64 to 68 apply be declared G OA to be an area of regularisation, shall- f n o (a) cause to be convened one or more meetings in thseiois area to explain to the residents of the area the npae rtmure and purpose of, and procedures to be folloouw t ed in the declaration and implementation of a wsic thheme of d regularisation and to listen and take actecount of the views of the residents on the matter; trib u dis (b) cause to be prepared a report ond otrhe existing state of land tenure in the area and tdhue ce nature and the basis of the tenure under which ep reorsons in the area occupy land in the area; r be (c) cause an estimate to b me a py repared to what will need to be undertaken, the tibm k ooe it will take and the costs to carry out a scheme of th irsegularisation; and (d) assemble rat on fy other information which the Commissoi po aner considers necessary or which may be prescerdib . Ned to enable a decision to be taken to proceed witsehr v a scheme of regularisation, e and sutbs mrh it to the Minister a report based on the matters refer rrigll ed to in paragraphs (a) to (d) on whether a scheme of riae. g Aularisation should be declared. an nz (2) Where the Minister, after considering the report of Ta submitted to him under subsection (1), determines to proceed en t to declare a scheme of regularisation, he shall direct the rnme Commissioner to cause to be prepared a draft of a scheme of v 5 G o regularisation. 20 2 (3) Any preparation of a scheme of regularisation which is © referred to in subsection (2) shall involve the urban authority within whose jurisdiction the proposed scheme area is or contiguous to whose area the peri-urban area is in which the 619 THE LAND ACT [CAP. 113 R.E. 2023] proposed scheme area is and shall take account of any report prepared under this section. [s. 58] Procedure for 63.–(1) Where a draft scheme of regularisation has been G. declaration f O A of scheme of prepared- n o regularisation (a) a summary of the draft scheme of regularisatiosnios shall be published in at least one Kiswahili langeu i rmage newspaper circulating in the proposed regulaor p uit sation area; th w i (b) the Commissioner shall give publicity tou teh de substance of the draft scheme within the area of trhibis e draft scheme in a manner which is customary in otrh dat area of which is likely to bring that fact to the atteenduc tion of people living in that area where the contepnrot dof the draft scheme may be explained to those peo rpebe le and their views on the draft scheme may be moabyt ained; (c) the local authoritoyo k shall consider the draft scheme referred under s b hisu bsection (4) and send its comments t to the Commoifs rt sioner. (2) Where a od pr aaft scheme will or is likely to involve the movement ord. Nrelocation of people from their homes, or places of swero verk or the acquisition of land in the area or the redistrisb rt uetion of land or the readjustment of boundaries and areasi gohl r f plots of land, the Commissioner shall serve a notice Al oan. i every person occupying land affected or likely to be affected anz by any parts of that draft scheme and shall not reach any final an f T conclusions on the draft scheme to which this subsection t o en refers until all persons on whom a notice has been served who m ern so desire it, have had an opportunity of being heard on these v G o proposals in the draft scheme. 250 (3) The Commissioner shall, after considering the views ©2 of people in the area, the urban authority for the area or contiguous to the peri-urban area and any other persons who have submitted comments on the draft plan and the views 620 THE LAND ACT [CAP. 113 R.E. 2023] of people to whom subsection (4) applies, if he considers it necessary or desirable to do so, revise the draft scheme and submit the revised draft scheme to the Minister. (4) The Commissioner shall give not less than fourteen days’ . notice of any public meeting at which any matter connected G OA with a draft scheme is to be discussed and of the time by which n o f any written or other submissions or representations may ibsse io made on the draft scheme. rm pe (5) The Minister may, after considering the draft ous tc heme submitted to him by the Commissioner- with d (a) approve the draft scheme and declarebu tea scheme of regularisation by order published inistd rithe Gazette in terms of the draft scheme; r d o (b) refer the draft scheme back tou cd tehe Commissioner for further work in accordancee pw roith any directions which the Minister may give to b teh re Commissioner; or (c) reject the draft schemea.y k m oo Cap. 355 (6) A scheme of rehgis ublarisation declared by the Minister t under this Act shartl ol f be deemed to be a scheme under the Urban Planning oA p act. d. N [s. 59] e se rv Content of 64.–(1)s Ar e scheme of regularisation may contain all or any of scheme of the folhltregularisation rig owing matters: A(ll. a) arrangements for the survey, adjudication and recording an ia z of the interests in land claimed by those persons an T occupying land in the regularisation area, which t o f n arrangements shall be based, as far as is practicable, on e Capr.n 1m14 the provisions of sections 49 to 59 of the Village Land ov e Act, relating to adjudication of interests in land; 5 G 02 (b) arrangements for the readjustment of the boundaries ©2 of plots of land; (c) arrangements, within the framework of the rights in land provided for under paragraphs (a) and (b), for the better planning and layout of the land, including the pooling, sharing and redistribution of rights in land; 621 THE LAND ACT [CAP. 113 R.E. 2023] (d) arrangements for the involvement of the local authorities having jurisdiction in the regularisation area in the implementation of the scheme; (e) arrangements for the involvement of the people whose . land is the subject of the scheme of regularisation in the OAG implementation of the scheme; of n (f) arrangement for the assessment and payment of ainssy io compensation that may be payable in connection ewrmp ith the implementation of the scheme; t ou (g) a budget for the scheme; or th d w i (h) any other matter which may be prescribbeud te. (2) The Commissioner shall be respsotrn i di sible for the implementation of a scheme of regularisati ord n but he may, and if so directed by the Minister shall, delegautceed the whole or any part of the implementation of that schepmroe e to the urban authority where the regularisation area is siet ur b ate or if in peri-urban area, to the village council where th y mea regularisation area is situate. (3) For avoidance ofb od okoubt, a scheme of regularisation under this section sha is lthl not be implemented until- (a) occupation rat no fd use of land by those persons living and working oi np a the area declared by sections 60 to 64 have been rde. N e corded, adjudicated, classified and registered; Cap. 355 (b) these Pr vresident has acquired existing right and interests re htsi n terms of the Urban Planning Act; and (llc ri) g fair compensation is paid promptly for the rights and a. A i interests to be acquired by the President. n nz a [s. 60] Ta t o f en PART VIII rnm ve DISPOSITION AFFECTING LAND o 5 G 20 2 Sub-Part 1 © General Provisions Dispositions and 65.–(1) A right of occupancy, lease or mortgage shall not be dealings affecting land capable of being disposed of or dealt with except in accordance with this Act, and any attempt to dispose of any right of 622 THE LAND ACT [CAP. 113 R.E. 2023] occupancy, lease or mortgage otherwise than in accordance with this Act, shall be ineffectual to create, extinguish, transfer, vary or affect any right or interest in land, or in the right of occupancy, lease or mortgage. . (2) The provisions of sections 65 to 176 of this Act shall OAG not, unless otherwise expressly declared to do so, apply to a f n o disposition of or dealing with land carried out and executed isisn io accordance with customary law. ermp (3) For avoidance of doubt, dispositions of customar t ouy rights of occupancy shall be governed by customary law. ith ted w u [s. 61] rib ist Instruments of 66.–(1) Every instrument effecting any di d sorposition under this disposition Act shall use any of the prescribed for ed umc s which are specified in relation to that disposition under rtohdp is Act or any other law. (2) An instrument effecting ane b yre disposition under this Act shall not operate to sell or ass y migan a right of occupancy or create, transfer or otherwise affecotko any right of occupancy, lease or mortgage until it has bhies ebn registered in accordance with the t laws relating to the orf rt egistration of instruments affecting the land in respect oof pw a hich the disposition has been made. (3) The prod.v Nisions of subsection (2) shall not apply to any dispositionesrv e s exempt from registration. (4) Th rets is section shall not apply to or affect the operation of any cigohl r ntract for a disposition under this Act. l a. A i [s. 62] n za Execution of Tan 67.–(1) Without prejudice to the provisions relating to instrumen tosf in writing nt attestations and execution under the Land Registration Act e Capr.n 3m34 and Registration of Documents Act, every instrument effecting Caep. 117 ov any disposition under this Act shall, subject to the provisions G 02 5 of this Act, be executed in accordance with the provisions of ©2 this section by each of the parties consenting to it. (2) The execution of any instrument referred to in subsection (1), by a person shall consist of his signing it or 623 THE LAND ACT [CAP. 113 R.E. 2023] affixing a thumbprint or other mark which shall evidence his personal acceptance of that instrument. (3) The execution of any instrument referred to in subsection (1), by a corporate body, an association, a co-operative society . or any other like organisation shall be effected in any manner AG O authorised by the constitution of those organisations or by any of n law in force. io iss [s pe .r m63] t ou Writing required 68.–(1) A contract for the disposition of a right of oitch w cupancy for enforcement of contracts or any derivative right in it or a mortgage is enfteodu rceable in a b relating to land proceeding only if- triis (a) the contract is in writing or trh d o ere is a written memorandum of its terms; and d uc e (b) the contract or the written mepmro dorandum is signed by the party against whom the coen rt e b ract is sought to be enforced. (2) A contract for a disposmitai yo n referred to in subsection (1) may be made using a presocor ki bed form. (3) The Minister mahys, bi after seeking and taking into account t the recommendatiort no fs of the Commissioner and any other organisations haov ipn a g an interest in the operation of dispositions of land, prescdr. i Nbe terms and conditions which shall, subject to any modrivfiese cation or limitation provided for in the contract, form a re t sp art of any contract for the disposition of a right of occul rpig hancy. l ia. A(4) This section shall not apply to- anz (a) a short term lease; n f T a (b) a disposition by order of a court; and t o en (c) a disposition by operation of laws. m ern (5) This section shall not affect- ov G (a) the creation or operation of a resulting, implied or 5 02 constructive trust; ©2 (b) the making or operation of a will; and (c) an arrangement, recognised by customary law, for the temporary disposition of a customary interest in land. [s. 64] 624 THE LAND ACT [CAP. 113 R.E. 2023] Person may make 69.–(1) For avoidance of doubt, it is hereby declared that any disposition to himself person may make a disposition to himself and any other person or together with any other person to himself alone. (2) The sale, assignment or disposition referred to in . subsection (1) is enforceable in the same manner as a sale, AG O assignment or disposition to another person. f n o [s. 6 io s5s] erm i Covenants to be 70.–(1) This section applies to an instrument comoin p ut g into implied in certain instrument operation on or after the date of the coming into e ith ffwect of this Part of the Act which for valuable consideration-tedu (a) transfers or sells a right of occupancyi sitnr ib land; and (b) creates, transfers or assigns a lease d .or (2) Every instrument to which this seecduc tion applies contains the implied covenants set out in sepcrot dion 71 unless a contrary intention is expressed in the manbn e ee rr provided for in this section. (3) A covenant implied inm aan y instrument under this Act has the same force and effecto ak o nd may be enforced in the same manner as if it has beens ebhi xpressed in that instrument, subject, t however, to subsectrit o fn (4). (4) A covenaon pt a implied in an instrument under this Act may be negate.d Nd , varied or extended- (a) by tehrve e express terms of the instrument; (b) res tsb y a written memorandum executed as the instrument rig h l was required to be executed, by the parties to the Al ia. instrument; or za n (c) in the case of a short term lease that is not made in n f T a writing, by the express or implied agreement of the t on parties. rnm e e (5) The covenants implied in an instrument by this section Gov relate only to the acts and omissions of- 250 (a) the person who creates, transfers or assigns the right of ©2 occupancy, lease or mortgage; and (b) all persons through whom that person derives title otherwise than by purchase for valuable consideration. [s. 66] 625 THE LAND ACT [CAP. 113 R.E. 2023] Implied 71. The following are the covenants implied, subject to section covenants 70, in every instrument to which section 70 refers- (a) a disposition of a right of occupancy or a lease is to be taken to include and to convey with the interest being . conveyed all rights, easements and appurtenances G OA belonging to the land, or the interest being conveyed of n or usually held or enjoyed with the land or the intere stiois being conveyed, but this covenant does not gievrmp e a person a better title to any interest in land refoeur t red to in this covenant than the title which the dispitoh w sition of d which it is a part gives that person; bu te (b) a person obtaining a right of occupdaisn trci y or a lease by means of a disposition not prejdu od r icially affected by notice of any instrument, fact ourc ed thing, unless- (i) it is within that persone’sp rkonowledge, or would have come to that person r be’s knowledge if any inquiries and inspections m ahy ad been made which ought reasonably tobo h okave been made by that person; or (ii) it has in is tth e disposition as to which a question of noti f rct oe arises, come to the knowledge of the persoo pn a’s advocate or agent as such if such inquiries heda . dN been made as ought reasonably to have been rv se made by that advocate or agent as such, e excepth r tst hat the covenant in this paragraph does not exempt the prigll erson referred to in this paragraph from any liability u A ian. der or from any obligation to perform or observe any an nz covenant, condition, provision or restriction contained in f T a o any instrument under which his title is derived, mediately or nt e immediately, and that liability or obligation may be enforced ern m in the same manner and to the same extent as if this covenant Gov were not part of the disposition; 25 20 (c) a person who, by an instrument to which section © 70 refers, creates, transfers, or assigns an interest in land, which term shall be taken to include a sublease, covenants with the grantee, transferee, assignee or sublessee that- 626 THE LAND ACT [CAP. 113 R.E. 2023] (i) he has the right and the power to create, transfer or assign that interest free of all encumbrances except those to which the interest will remain subject as specified in the instrument or as is . provided for by the law; G OA (ii) the person who becomes entitled to the interest n o f and all persons claiming under that person wisisl ilo be able quietly to enjoy the interest wipteh rmout disturbance by the grantor, transferor, assoiug t nor or lessor or all persons through whom thitah w t person d derives title; uteb (iii) he will, at the request and expenistsr i d e of the person who becomes entitled to thde oi r nterest, do all acts and execute all documendtus c efor the better assuring of the title to the inetpe rroest as that person may reasonably require freo r b m time to time; and (iv) all rent due unmda y er the right of occupancy or lease, includbin k oog, where relevant, a superior lease, has been phis t aid and all covenants and conditions containrte od f in it have been performed and observed. pao [s. 67] N ed . se rv Sub-Part 2 re ts igh Dispositions to Prejudice Creditors ll r . Aa Purpose of this i an72. The purpose of sections 72 to 80 is to enable a court to order Sub-Part nz Ta that any interest in land acquired or received under or through t o f n certain prejudicial dispositions of those interests in land made me rn by a debtor or the value of those interests in land be restored ov e for the benefit of unsecured creditors but no order referred to 5 G2 in this section has effect so as to increase or prejudice the value 0 ©2 of any security held by a creditor over the interest in land of the debtor. [s. 68] 627 THE LAND ACT [CAP. 113 R.E. 2023] Prejudicial 73.–(1) A disposition under this Act shall be taken to prejudice dispositions a creditor if it hinders, delays or defeats or is intended to hinder, delay or defeat the exercise by a creditor of any right of recourse to land or any interest in land in respect of which . that disposition has been made in order to satisfy in whole or OAG in part any debt owed to the creditor by the person making n o f the disposition and that person is unable to pay all his debtssiois without recourse to that land or any interest in it. rm pe (2) A disposition shall not be taken to prejudice a ocur t editor if it is made with the intention only of preferring o ith wne creditor d over another. ibu te tr r d is [s. 69] o Dispositions 74.–(1) A creditor, and any publicc edofficer, Government to prejudice u creditors may be department or parastatal body charpgroe dd with the responsibility set aside for collection of money owing tobe trehe Government or any part of it by any person may applmya yt o the court under this section for an order by the court tooo ks et aside a prejudicial disposition. (2) An application msa bhi de under this section shall- t (a) specify the l f rat ond to which it relates; (b) specify tho ep adisposition alleged to be prejudicial; and (c) be serv N d.e d on- (i)s er vtehe person who has made the disposition; e ts( iri) the person in whose favour the disposition has gh l ri been made; and l a. A i (iii) any other person involved in the disposition from za n whom compensation is sought. Tan f (3) A court may, subject to section 76, on being satisfied nt o e that an applicant has been prejudiced by a disposition to which ern m this Sub-Part applies make an order- ov G (a) directing any person who acquired or received land 02 5 under that disposition or through a person who ©2 acquired or received land under such a disposition- (i) to pay any amount of compensation within any time to the applicant which the court shall specify; 628 THE LAND ACT [CAP. 113 R.E. 2023] (ii) to re-assign a right of occupancy or a derivative right to the person who has made the prejudicial disposition; or (iii) to take any other action which the court may . specify; and OAG (b) directing the debtor who made the prejudicial of disposition- sio n is (i) to hold the land restored to him througphe rmthe re-assignment of a right of occupancy or deurto i vative right under subsection (3)(a)(ii) as a wtir thustee for d his creditors; and uteb (ii) to deal with the land so held odnisl tryi in accordance with any orders which the codu or r t may make for the purpose of enabling the crecdedu itors to be paid by the debtor. pro e r e b [s. 70] y ma Protection of 75.–(1) Where a person oaoc kq uires or receives land in respect persons receiving land under of which a court couldh ims bake an order for a restoration or the t prejudicial payment of reason f rat oble compensation under section 74, the disposition court shall not om p aake that order against that person if that person provesd .t Nhat he- (a) acq rve seuired or received the land in good faith and without tsk rn eowledge of the fact that it has been the subject of a ighl r disposition to which section 74 applies; or . A l ia (b) acquired or received the land through a person who n za acquired or received it in the circumstances set out in n of Ta paragraph (a). nt e (2) Reference to knowledge in this section shall be taken to ern m include actual, constructive and imputed knowledge. v 5 G o [s. 71] 02 ©2 Application of 76. A creditor for whose protection of this Sub-Part of this this Sub-Part to customary Act applies who alleges and provides prima facie evidence dispositions that a disposition made under customary law has been made with the same purpose and effect as a prejudicial disposition 629 THE LAND ACT [CAP. 113 R.E. 2023] to which this Sub-Part applies may apply to the court under section 74 for that disposition to be set aside and the court shall, on being satisfied that, that customary disposition is a prejudicial disposition, apply the provisions of this Sub-Part to . that prejudicial disposition. OAG [s. 72] n o f siois Sub-Part 3 erm t p Sale of Right of Occupancy u ith o w Regaining 77.–(1) Where, under a contract for the sale toedf a right of possession of land ibu after concluding occupancy, the purchaser has entered into pstori ssession of the contract for land, the vendor may exercise any contractru d o al right to rescind sale of right of occupancy the contract by reason of a breach uocfe dthe contract by the purchaser only by- pro d (a) resuming possession of thee r e land peaceably; or b (b) obtaining an order for py a ossession of the land from the court in accordancoeo kw mith the provisions of section 78. (2) This section doess n bhi ot prevent the vendor from claiming damages for the breoafc t t h of a contract for a sale or for breach of any other dutoy p atro the vendor which the purchaser may be under indepen. Nd dently of the contract or affect the amount of damages wehrvi ech the vendor may claim by way of damages. s (3) re tAs ny term express or implied in a contract or other instlr ruig hment which conflicts with this section shall be inoAl a. perative. ni za [s. 73] n f T a Procedunret ofor 78.–(1) Where the vendor proposes to seek to regain obtainieng order for rpnomssession possession of land under section 77, he shall serve a notice on veo the purchaser which shall inform the purchaser- 5 G2 (a) of the nature and extent of the breach complained of by 20© the vendor; (b) whether the vendor considers that the breach is capable of being remedied by the payment of a stated amount of money owing under the contract; 630 THE LAND ACT [CAP. 113 R.E. 2023] (c) whether the vendor considers that the breach is capable of being remedied by the purchaser doing or desisting from doing anything or paying reasonable compensation or both, and of the thing that the . purchaser must do or desist from doing or the amount G OA of compensation that must be paid or both to remedy of n the breach and the time, being not less than thirty daisyss io within which the actions referred to in this para rm pgeraph must be completed; ou t (d) where the vendor considers that the breach th d w iis capable of being remedied, of the period witbhui ten which the purchase must remedy the breach; str i di (e) of the consequence that if the purc r d hoaser fails to remedy the breach or if the vendor do c deuse not consider that the breach can be remedied, theep rvoendor may seek an order from the court to possees sr b the land and rescind the contract; and ay m (f) of the right of thbeo o kpurchaser, within not more than fifteen days, to - s thi (i) apply trot o fcourt for relief against the rescission of the co op antract; (ii) tee N dn. der an amount by way of compensation rv se different to that proposed by the vendor in the ts re h notice; ll r ig (iii) propose an alternative remedies to those set out in . Aia the notice; and an nz (iv) propose an alternative time for the completion of a of T the actions referred to in paragraph (c). nt e (2) The fact that the notice served under subsection (1) m ern does not comply in every particular with the provisions of v G o subsection (1) shall not- 25 20 (a) render it invalid so long as the purport of the notice is © clear; or (b) absolve the purchaser from the consequences of not responding to the notice. [s. 74] 631 THE LAND ACT [CAP. 113 R.E. 2023] Relief against 79.–(1) Where the vendor, after serving on the purchaser a rescission of contract for notice under section 78, applies to the court for an order for sale of right of possession of the land or where the vendor has peaceably occupancy entered on to the land in order to regain possession under . section 77, the purchaser may apply to the court for relief OAG against the rescission of the contract either- f n o (a) in the proceedings for an order for possession; or siois (b) in a proceeding brought by the purchaser. ermp (2) Where the vendor has peaceably entered on to otuh t e land the purchaser must apply for relief within ninety dwi athys of the d entry on to the land. te bu (3) The court may grant such relief on anisytr i d terms which it thinks fit, including relief for breach of adn oyr term or condition of the contract that is not capable of b e deui cng remedied. (4) An application for relief undeprroe this section is not in itself to be taken as an admission by t r bhee purchaser that- (a) there has been a breacmha oy f the contract by the purchaser; (b) by reason of the b k bo oreach, the vendor has the right to rescind the con tht irsa ct; (c) a notice harst o fbeen duly and properly served on the purchaseor ;p aand (d) the timd. N e e for remedying a breach or for paying an amsoeru v nt by way of compensation has expired, e and thtes h rcourt may grant relief without determining any of tholsl rei g matters. A ia. (5) Any term, express or implied, in a contract or other an an z instrument to which this section applies which conflicts of T with or purports to set aside or negates this section shall be nt e inoperative. ern m [s. 75] ov 5 G 02 Purchaser of right 80.–(1) Where a court will not or would not, in the exercise of ©2 of occupancy may seek relief against its discretion, order the specific performance by a purchaser performance of of a contract to sell a right of occupancy but the purchaser is contract to assign not entitled to rescind or repudiate the contract, the purchaser may apply to the court for relief under this section. 632 THE LAND ACT [CAP. 113 R.E. 2023] (2) On any application made under subsection (1) the court may make an order- (a) rescinding the contract; (b) requiring the vendor to refund any deposit and other . money paid to the vendor by purchaser; and G OA (c) declaring that the purchaser has a lien on the land to n o f which the contract relates to secure payment by tihsse io vendor of any amounts ordered to be refunded t r poe mthe purchaser under paragraph (b). ou t (3) The grant of relief under this section does noith w t deprive the vendor of any right to claim damages from utte d b he purchaser for failure to perform the contract and in awisatr i d rding damages, the court shall take account of any relief d o rgranted under this section. ce du (4) Any term, express or impleipe rdo , in a contract or other instrument to which this sectei b or n applies which conflicts with or purports to set asid em aoy r negates this section shall be inoperative. k bo o th is [s. 76] f rt o o p a PART IX . Nd erv e LEASES res ts Sub-Part 1 l ri gh . A l General Provisions ia Application of za n n 81.–(1) Unless otherwise provided for, the provisions of this Part a Act No. of T sections 81 to 114 of this Part shall apply to all leases, other 11 of 20e0n5 t s. 14 than leases governed by customary law, made or coming ern m into effect after the coming into operation of this Part of ov G this Act. 02 5 2 (2) The parties to a lease made or coming into effect before © the enactment of this Act may agree in writing to adopt or incorporate any of the provisions of this Part into that lease and where that agreement is made, the provisions so adopted or 633 THE LAND ACT [CAP. 113 R.E. 2023] incorporated shall, unless the agreement otherwise provides, as from the date of the agreement, become a part of the lease and enforceable in every respect as such. (3) The Minister may, with the approval of the National . Assembly signified by a resolution and by order published in AG O the Gazette, exempt any leased land or class of leased land or of n building comprised in any lease from the application of any isosf io the provisions of this Part. ermp (4) In this Part, unless the context expresslyo u t or by implication renders it unfeasible, references to a le awsithe include teda sub-lease. trib u is [s. 77] or d Power to 82.–(1) Subject to the provisions of thciesd Act, the holder of a lease right of u occupancy granted right of occupancy may leapsroe d that right of occupancy Act No. or part of it to any person for a de re efinite period or for the life 11 of 2005 s. 15 b of the lessor or of the lessemea yo r for a period which though indefinite, may be terminaotko e d by the lessor or the lessee, and subject to any conditiohins bs which may be required by this Act t or any other law ap f rt po licable to leases or which he may think fit. o p a (2) Subjectd t. o N the provisions of section 45(2), the maximum term for whrviese ch any lease may be granted shall be ten days less than thtse r eperiod for which the right of occupancy has been gran h l rtiged for a definite period. l a. A i (3) In determining the amount of rent payable under a n za lease, regard shall be had to- n f T a (a) size of the land; t o en (b) use of the land; m ern (c) value of the land as evidenced by leases in the market in ov G the area where the land is located; 250 (d) location of the land; and ©2 (e) condition of the land or building. 634 THE LAND ACT [CAP. 113 R.E. 2023] (4) For purposes of determining the amount of rent payable, it shall be taken into account that the lessor will pay- (a) the land rent under a granted right of occupancy; (b) the premium for insuring the land; . (c) the property tax and other rates leviable upon the land AG under any law; and of O n (d) any repairs for which the lessor is liable by agreemeisnst io or customs or any law. ermp (5) Where part only of the land which is held ofo ua t right of occupancy is leased, the lease shall be accomp wain thied by a d plan or other description of the leased part whiuctheb is sufficient to enable the part to be accurately identifieisdtr i d and, where so required, registered. r ed o du c [s. 78] proe Periodic leases 83.–(1) Where in any lease- r be (a) the term is not specifi meday and a provision is not made for the giving of noticoeo kt o terminate the tenancy, the lease shall be deemed hi sto b be a periodic lease; t (b) the term is f f art r o m week to week, month to month, year to year oor pany other periodic basis, it shall be treated as a te N dr. m for a period equal to its minimum possible du e srear vtion; or (c) tst hr ee lessee remains in possession of land with the consent gh l ri of the lessor after the term of a lease has expired, then- Al ia. (i) unless the lessor and lessee have agreed, expressly za n or by implication, that the continuing possession an f T shall be for some other period, the lease shall be t o en deemed to be a periodic one; and m ern (ii) all the terms and conditions of the lease that are v G o consistent with the provisions of sub-paragraph 02 5 (i) continue in force until the lease is terminated ©2 in accordance with this section. (2) Where the holder of a right of occupancy permits the exclusive occupation of the land or any part of it by any person 635 THE LAND ACT [CAP. 113 R.E. 2023] at a rent but without any agreement in writing, that occupation shall be deemed to constitute a periodic tenancy. (3) The periodic tenancy to which paragraph (a) of subsection (1) refers shall be the period by reference to which . the rent is payable. OAG (4) A periodic tenancy may be terminated by either party of n giving to the other notice, the length of which shall be not lesssiois than the period of the tenancy and shall expire on one r poef mthe days on which rent is payable. ou t ith [s. 79] ted w u Short term leases 84.–(1) A short term lease is a lease which is-istr ib (a) made for a term of one year or less o; r d (b) a periodic tenancy for periods oucfe done year or less; or (c) a lease to which section 83(2p)ro dapplies. (2) A short term lease may beb e em r ade orally or in writing. (3) A short term lease is nomta ya registrable interest in land but any lease of a short term le k ooase may- (a) where the shorst bhi term lease has been granted out t Cap. 334 of a right ort fo f occupancy registered under the Land Registratoio pn a Act, enter a caveat under Part IX of that Act tod p. Nrotect that lease; (b) wheerrv e s e the short term lease has been granted out of an Cap. 117 re tsi nterest in land registered under the Registration of l ri gh Documents Act, enter a caveat under section 32 of that l ia. A Act to protect that lease. za n [s. 80] anT Lease termt o f n inating 85. A lease which comes into operation on or after the date on ocmcuerrence of futurnre event on which this Part of this Act comes into operation which veo provides for its termination or permits notice of its termination 25 G 0 to be given on the occurrence of a future event is not invalid by ©2 reason only of that fact if the event is sufficiently defined in the lease so as to be identified when it occurs. [s. 81] 636 THE LAND ACT [CAP. 113 R.E. 2023] Lessee remaining 86.–(1) Where a lessee remains in possession of land without in possession after termination the consent of the lessor after the lease has been terminated of lease without or the term of the lease has expired, all the obligations of the consent of lessor lessee under the lease continue in force until such time as the . lessee ceases to be in possession of the land. AG O (2) A lessor who accepts rent in respect of any period n o f after the lease has been terminated or the term of tihsse io lease has expired is not, by reason only of that fact, pteo rm be taken as having given consent to the lessee remai t onu ing in possession of the land or as having given upon wai tnhy of the d rights or remedies of the lessor against the lesbsu teee for breach of a covenant or condition of the lease butd isw trihere the lessor continues for two months to accept rento fr d rom a tenant who remains in possession after the termce duination of the lease, a periodic lease from month to mon ro etph shall be deemed to have come into force. be r may [s. 82] ok is bo Future leases 87.–(1) For the avoidaf tnhce of doubt, it is hereby provided that a o lease of a right of oart p ccupancy may be made for a term to begin on a future dat.e N, on ot being later than twenty one years from the date on whircveh d the lease is executed. (2) A refs e uture lease which is expressed to be for a period of more t ig hth san five years shall be of no effect unless and until it is rlel r A gistered under the law applicable to the registration of niiaa n.terests in the land out of which that future lease has been an z created. T t o f [s. 83] n me Lvees rsnor’s consent 88. Where a lease contains a condition, express or implied, by G oto dealing with 5 leases the lessee that he will not transfer, sublet, mortgage or part with 2 20 the possession of the land leased or any part of it without the © written consent of the lessor, dealing with the lease shall not be 637 THE LAND ACT [CAP. 113 R.E. 2023] registered until the consent of the lessor has been produced to, and authenticated to the satisfaction of the Registrar. [s. 84] Notice by joint 89. Where a lease is entered into by- G. occupiers A (a) two or more lessors as co-occupiers; or f O o (b) two or more lessees as co-occupiers, ion ss and the lease is terminable by notice, the notice must be geirmv ien by and to all the co-occupiers, unless all the parties t tpou o the lease have agreed otherwise, expressly or by implic wai tthion. d ibu te [s. 85] dis tr Sublease for term 90.–(1) This section applies to a sublease coomr ing into operation same as or longer than term of head after the date of commencement of th ceisd Act under which a lease lessee enters or purports to enter inrotdo u a sublease for a term which will expire at the same time er e pas or later than, the expiry of the term of the head lease. y ba (2) A sublease to which t m ohk is section applies does not operate as an assignment of theis bh oead lease to the subleases, unless a contrary intention th aopf pears from the sublessee or from the t circumstances su r rpraounding the granting of the sublease. (3) Where No d .t he term of the sublease to which this section applies wilel rev expire after the expiry of the term of the head lease, then- res (a ts ri)g h the term of the sublease is reduced, so as to expire one ll . A day earlier than the term of the head lease, but without ia za n prejudice to any remedies which the sublessee may an T have in respect of that reduction; f nt o (b) if the term of the head lease is extended or renewed rnm e beyond the term for which the sublease was created, veo the sublease shall expire at the end of that original 5 G 02 term; or ©2 638 THE LAND ACT [CAP. 113 R.E. 2023] (c) if the term of the head lease is extended or the head lease is renewed, the term of the sublease is extended so as to expire- (i) one day earlier than the extended term of the head . lease or the term of the head lease as renewed; or AG O (ii) one day earlier than the time at which the head of n lease is expressed to expire, io miss whichever time is the earlier. r pe (4) The parties to a lease and sublease to which this ust o ection refers may renegotiate any terms or conditions of t hwieth sublease d but no renegotiated terms or conditions shall bebu m te ore onerous to or impose more obligations on the substrdi liessee than the original terms and conditions. r ed o ucd [s. 86] pro Surrender to 91.–(1) The surrender of a leaseb e ef or r the purpose of enabling a enable new head lease to be new lease to the same lessee tmoa by e entered into does not require entered into not the surrender of any subleka oo se in respect of the surrendered to affect sublease lease, if, on or before this bh e date on which the term of the new t head lease will expirrt eo f- (a) the term o pfao the sublease will expire; or (b) in the .c Nd ase of a sublease which is a periodic tenancy, the srvuese blease may be terminated by the giving notice of sa r e t specified period of termination and the expiry of that igh period. ll r ia. A(2) A sublease preserved under subsection (1)- n za (a) continues in force as though it had been entered into in Tan f respect of the new head lease; and t o men (b) all rights and obligations under the sublease, including ern those which relate to any period before the surrender ov G of the head lease, continue to be enforceable, except to 250 the extent that any such obligation is, by reason of the ©2 fact that a new head lease has been entered into, more onerous than it would have been had the original head lease not been surrendered. 639 THE LAND ACT [CAP. 113 R.E. 2023] (3) A sublease entered into in respect of a surrendered lease includes for purposes of this section any sublease entered into by a person deriving title through the lessee under the surrendered lease. . [s. 87] OAG n o f Sub-Part 2 io miss Covenants, Conditions and Powers Implied in Leaset s r pe u Covenants 92.–(1) There shall be implied in every lease convenwaitn hots by the implied in leases d on part of lessor lessor with the lessee binding the lessor- ute (a) that, so long as the lessee pays the restnr ib i t and observes and performs the covenants and coorn d ditions contained or implied in the lease and on hcedu is part to be observed and performed, the lessee s d phroall peaceably and quietly possess and enjoy the lan e e dr leased during the term of b the lease without any lya a wful interruption from or by the lessor or any opek rmo son rightfully claiming through him; s bhi (b) not to use or tp t oef rmit any adjoining or neighbouring land of which oh pe a ris the occupier under a right of occupancy or a leas. Nd e in any way which would render the leased land or aenrv ey buildings on the leased land unfit or materially s tsl er ess fit for any purpose for which they were leased or rig h l may, consistent with the terms and conditions of the Al a. lease, be used; ni za (c) where part only of a building is leased, to keep the roof, n f T a all external and main walls and main drains, and the t o en common parts and common installations and facilities, rnm including common passages and walkways in a proper ov e G state of repair; 5 02 (d) where any dwelling house, flat, or room is leased, that ©2 house, flat or room is fit for human habitation at the commencement of the tenancy and will be kept fit for human habitation during the lease; 640 THE LAND ACT [CAP. 113 R.E. 2023] (e) that if at any time the leased premises or any part of them are destroyed or damaged- (i) by fire, flood or explosion accident not attributable to the negligence of the lessee, his invitees or . employees; AG O (ii) by civil commotion; or of (iii) by lightning, storm, earthquake, volcanic activitsyio n is or other natural disaster, ermp so as to make the leased premises or any part of it uwt o holly or partially unfit for occupation or use, the rentit h w and any d contribution payable by the lessee to the outbgu toe ings on the premises or it just proportion of that rents trdi oi f contribution according to the nature and extent of th oerd damage sustained shall be suspended and cease to be e dpua cyable until the leased premises have been again rendered ro ep fit for occupation and use, but that if the leased premises bhea rve not been so rendered fit for occupation and use with imn a ysix months of their destruction or damage as is referredb ion ok this paragraph, the lessee may at his option and on giv tin isg h one month’s notice of his intention so to do, terminate ohfrt e lease; (f) if it is an epxao press or implied term of the lease that the leaseded l . aNnd or a building, on it may be used for any one or mervs ore specific purposes, the lessee may terminate the e htsl erase, on giving one month’s notice to the lessor, if at ll r ig any time during the currency of the lease, the land or A ia. building cannot be, or can no longer lawfully be used, n nz a for any one or more of those purposes; and Ta of (g) unless otherwise specified in the lease, to pay all rates, nt e taxes, dues and other outgoings which are payable in rnme respect of the land leased during the continuance of the ov G lease unless the same are or shall be payable exclusively 25 20 by the lessor under any law. © (2) There shall be implied in every lease convenants by the lessor with the lessee empowering the lessor- (a) at all reasonable times, to enter, either personally or by agents, the leased land or buildings for the purpose of 641 THE LAND ACT [CAP. 113 R.E. 2023] inspecting their condition and repair and for carrying out repairs and making good any defects which it is the lessor’s obligation so to do but that in the exercise of that power, the lessor will not unreasonably interfere . with the occupation and use of the land and buildings OAG by the lessee; and n o f (b) to terminate the lease by serving a notice of intentioissn io to terminate the lease on the lessee where- pe rm (i) any rent is unpaid for one month after otuh t e due date for payment whether or not a dweith mand in d writing for payment has been madbeu t eby the lessor or an agent of the lessor; or tri dis (ii) the lessee has failed for a pedr io r d of one month to observe or perform anyd uc coendition, covenant or other term, the obserpvroe ation or performance of which has been assume r b ed by the lessee expressly or impliedly in the ay mlease. ok bo [s. 88] thi s Covenants 93.–(1) There shall b oefrt implied in every lease, other than a short implied in leases a on part of lessee term lease, coveno apnts by the lessee with the lessor binding the lessee- d. N (a) to spear vye the rent reserved by the lease at the times and in tst hr ee manner specified in the lease; (bi)g hl r to use any land in a sustainable manner and in A l ia. accordance with any conditions imposed on that use of n za that land by the lease, or with any written law or with n f T a any provisions in a grant of a right of occupancy of the nt o e land out of which that lease has been created and in rnme particular, unless the purpose for which the land has ov G been leased cannot be carried out without so doing, not 02 5 to cut down, injure or destroy any living tree on the ©2 land; (c) to yield up the land and buildings in the same condition as they were when the term of the lease began, except 642 THE LAND ACT [CAP. 113 R.E. 2023] that the lessee is not bound to repair damage or restore the land and buildings to the same conditions they were at the beginning of the lease where the damage or deterioration of the condition is caused by- . (i) reasonable wear and tear; OAG (ii) fire, flood or explosion or other accident not n o f attributable to the negligence of the lessee, h io isiss invitees or employees; ermp (iii) civil commotion; or ou t (iv) lightning, storm, earthquake, volcanic aith w ctivity or d other natural disaster; uteb (d) to keep all boundary marks in repair; tri dis (e) subject to the lessor’s obligations r d s oet out in paragraph (d) of subsection (1) of sectionc edu 92 and except where part only of a building is leparsoe ed, to keep all buildings comprised in the lease i bne ra reasonable state of repair, regard being had to tmha ey condition of the building and the materials of whoob ikch it is composed at the beginning of the lease; s th i (f) subject to th f rte o lessor’s obligations set out in paragraphs (c) and (d p)ao of subsection (1) of section 92, where part only . N eodf a buildings is leased, to keep the leased part of stehr ve building in a reasonable state of repair, regard e htsb reing had to the condition of the building and the ll r ig materials of which it is composed at the beginning of A ia. the lease; za n n (g) to permit the lessor or his agent or employees at f T a o all convenient times and after reasonable notice, to en t enter on the leased land or buildings to examine their rnme condition and to undertake any repairs and make good ov G any defects for which the lessor is responsible; 25 20 (h) to repair or make good any defect or breach of covenant © for which the lessee is responsible and of which notice has been given by the lessor to the lessee within any period which may be specified in the notice; 643 THE LAND ACT [CAP. 113 R.E. 2023] (i) not to transfer, mortgage, charge, sublease or otherwise part with the possession of the leased land or buildings or any part of it without the previous written consent of the lessor, that consent not to be unreasonably . withheld; and AG O (j) where a termination order has been served and, if n o f disputed, confirmed by a court, to render up possessio io issn of the leased land and buildings peaceably and witehrmp out further dispute. ut o (2) There shall be implied in a short term lea swei t honly the d following covenants by the lessee with the lessbou tre binding the lessee, that is to say, those covenants set outd isn trii paragraphs (a), (b), (c), (g), (i) and (j). or d e du c [s. 89] pro Application of 94.–(1) Subject to the provisionbs oree f section 21 of this Act, the covenants to y customary leases parties to a customary leasem ma ay adopt and incorporate into such a lease any or all of otoh ke covenants set out in sections 92 and 93. s b thi (2) The Minister f rt mo ay, after taking account of the advice of the Commissionoe pr a, prescribe that such of the covenants as are set out in sec N dt. ions 92 and 93 as he shall determine shall be implied inse ar v ecustomary lease in the same manner and to the same etx e s trent as they are implied in the leases and the parties shal g l lr ia hdopt provisions of section 66 of this Act. Al ia. [s. 90] za n Meaning of n Ta 95. In a lease coming into effect after the commencement of reference t o f “usual convtenants” this Act, unless the context requires otherwise, a reference e ern m to “the usual covenants” is to be taken as a reference to the ov covenants implied in that lease by sections 92 and 93. G 02 5 ©2 Meaning of “in a 96. In a lease coming into effect after the commencement of this reasonable state of repair” Act, a covenant to keep a building or part of it “in a reasonable state of repair” or like expression, shall, in the absence of an 644 THE LAND ACT [CAP. 113 R.E. 2023] express provision to the contrary, mean in such a state of repair as that which a prudent owner might reasonably be expected to keep his own building, due allowance being made for the age, character and locality of the building and the means of the . person under the obligation to comply with such a covenant G OA provided that, there shall not be read into any such covenant of n an undertaking by a lessee to put any building or part of it inistso io a better condition than it was in at the commencement poef r mthe lease. ut o with [s. 92] ute d Consent by lessor 97.–(1) On and after the enactment of this A ib sctrt, a covenant by to application by i lessee under lease the lessee not to take an action without the ocro dnsent of the lessor shall be construed as requiring the lessucoer d not unreasonably to withhold consent to the taking of thparot d action by lessee. (2) Where an application is m e bea rde by a lessee to a lessor for consent to take one or more ofy ma the following action, that is to say- k oo (a) transfer or assignis bh the lease; t (b) enter into a rst uo fb lease; (c) part witho p aossession of the leased land or buildings; (d) changed. Nthe use of the land or buildings from a use whi e secr vh is permitted under the lease; (e) re tse xtend, improve, add on to or in any other way develop h l ri g any building beyond what is permitted in the lease; Al ia. (f) create a mortgage over the lease; or za n (g) take any of the actions referred to in subparagraph an f T (a), (b), (c), (d), (e) or (f) in relation to any part of the nt o e leased land or buildings, or for any part of the term of m ve rn the lease; Go the lessor must, on receiving the application and within a 5 02 reasonable time thereafter- ©2 (i) give that consent; or (ii) withhold that consent, and in either case must inform the lessee in writing of his decision on the application. 645 THE LAND ACT [CAP. 113 R.E. 2023] (3) Without limiting the generality of the lessor’s obligation under subsection (1), consent is unreasonably withheld if the lessor as a condition of or in relation to the giving of consent- (a) requires the lessee to pay any money by way of additional . rent, or a premium or a fine or other consideration for AG O the consent, other than the payment of the lessor’s of n reasonable expenses incurred in connection with thseiois giving of consent; ermp (b) imposes on the lessee any unreasonable condiutto i on or per-condition; or ith d w (c) where the lessee proposes to transfer ib uoter assign the lease or enter into a sublease, objedcist tsr to the gender or nationality or other persond aol r characteristic of the transferee, assignee or ucd seublessee where the circumstances are such that ro e pa reasonable person would consider that those facto rbse ar re irrelevant to the granting of such consent. y m a (4) A lessor who refu k bsoe os consent or gives consent subject to a condition or pre- ctho isn dition must, if the lessee so requests in writing, inform trth oe f lessee as soon as may be of the reasons for the refusal oro, pa as the case may be, for the imposition of the condition or pd.e r Ne-condition. (5) These rl vessee or any person at the request of the lessee e involvhetsd r in a transaction to which this section applies, who has l prigl aid any money or suffered any loss in connection with s A iau. bsection (3), may recover that money and seek damages for n nz a that loss from the lessor. a of T (6) This section does not prevent the inclusion in a lease of nt e a covenant binding the lessee absolutely not to take any action ern m of the kind referred to in subsection (2). ov G [s. 93] 25 ©20 646 THE LAND ACT [CAP. 113 R.E. 2023] Sub-Part 3 Transfers, Assignments and Transactions Merger of lessor’s 98. Where a sublessor surrenders his head lease to or merges interest not to affect remedies his head lease with the right of occupancy out of which it was . AG created, the holder of the right of occupancy shall have all the of O same remedies against the sublessee for non-performance osrio n non-observation of the covenants and conditions expresseerdm ios r implied in the sublease and all the same rights to give nuot t pice of o the termination of the sublease to the sublessee as th th wei sublessor had before he surrendered or merged his head leutaes de. tribis [s. 94] d or Burden and 99.–(1) Where the interest held by thce dl e essor under a lease, benefit of covenants to run the reversion, ceases to be so held rb u ody the lessor, whether by with reversion transfer, assignment, grant, operatiroepe n of law or otherwise, then, unless a contrary intention appaye bars from the lease, expressly or impliedly, or from some otohke mr circumstance- (a) the obligations o isi bmposed by every covenant of the lease on the olf ethssor run with the reversion and may be enforc epda r t by the person who is from time to time entitled o . Nto the lease against the person who is from d timeerv t eo time entitled to the reversion; and (b) t s s hr ee rights to the benefits of every covenant of the lease ht rig which has reference to the subject matter of the lease All imposed on the lessee may be exercised and enforced nia . za by the person who is from time to time entitled to the n Ta reversion against the person who is from time to time of nt entitled to the lease. rnm e (2) A person who becomes entitled to exercise a right to ov e which paragraph (b) of subsection (1) refers may exercise that G 25 right even if it first became exerciseable or accrued before the ©20 time at which that person became so entitled, unless before that time, the right was waived or the lessee was released from the obligation to which the right relates. 647 THE LAND ACT [CAP. 113 R.E. 2023] (3) Where in respect of a lease- (a) there has been a division of the reversion into different parts so that different persons are lessors of the different parts; or . (b) the lease terminated as to part only of the land AG O comprised in the lease, of the obligations referred to in paragraph (a) and the rightssio n is and remedies referred to in paragraph (b) of subsepce rtmion (1) shall be apportioned, and to the extent requiredo ub t y that apportionment, remain attached to each part of thawti trheversion d or to that part of the land in respect of whichbu ttehe lease has not been terminated as the case may requ ri dis tire and may be enforced by the person entitled to enford coe r those obligations under paragraph (a) and exercised bdyu ctehe person entitled to exercise those rights and remediepsroe under paragraph (b) of subsection (1). e r ay b m [s. 95] oo k Effect of payment 100.–(1) Where a les b hiso r has transferred or assigned the by lessee to t assignor of reversion, payment off rt all or part of the rent or other money reversion due under the leoa ps ae to the transferor or assignor by the lessee who does notd .h Nave actual notice of the transfer or assignment dischargess etr vhee lessee to the extent of that payment. (2) Fo rets r purposes of subsection (1), registration of a transfer of thl reig hreversion is not, in itself, actual notice to the lessee of the l tar.a A i nsfer, notwithstanding any other provision to the contrary za nin any other written law. an f T [s. 96] nt o e Trarnnsmferor or 101.–(1) In respect of any lease or any transfer or assignment avsseignor of lease oreleased from of a lease or part of it made or coming into effect on or after 5 G 02 liability to pay the date of the commencement of this Act, the rule of common ©2 rent and observe covenants law that a transferor or assignor of a lease remains liable on the thereafter personal covenant to the lessor for payment of rent and for all breaches of covenants, notwithstanding that the transferor or 648 THE LAND ACT [CAP. 113 R.E. 2023] assignor is no longer in possession or occupation of the leased land is abolished and the effect of a transfer or assignment of a lease is, as from that date, to discharge absolutely and without more the transferor or assignor from any obligation to pay . rent or to observe any covenants in respect of the land as from OAG the date of the transfer or assignment, whether the person of n to whom the lease has been transferred or assigned is in osriois goes immediately into occupation or possession of the lapne rdm so transferred or assigned. ut o (2) Where the transferor or assignor remains in owicthcupation d of the leased land notwithstanding transfer bour te assignment, he shall remain liable to pay rent and co t dmispri ly with all the covenants as if he were still the lessee fod ro r as long as he shall remain in occupation. e du c (3) Subsection (1) shall not applypr oto absolve a transferor or assignor of a lease from any oblieg r e b ation to pay rent or remedy and breach of a covenant whmiay ch accrued or arose during the term of the lease when th k boa ot transferor or assignor was bound by all the covenants in is t hthat lease and the lessor may enforce all such obligations of f art ho at lease which have so accrued or arisen against that trano spferor or assignor notwithstanding that the lease has beeend . tNransferred or assigned. (4) As sferr vom the date of the commencement of this Act, e the ruhltes rof common law that a lessee remains liable to pay renltl ri gand comply with all the covenants notwithstanding tiah. a At he has, with the agreement of the lessor, vacated the an nz leased land before the date for the termination of the lease Ta of is abolished and the provision set out in subsection (5) shall t en forthwith apply. ern m (5) A lessee who, with the agreement of the lessor, vacates v G o land before the termination of a lease shall, unless the lease 02 5 2 provides expressly for a shorter period, remain liable to pay © rent and observe all the covenants in the lease for one year from the date on which he vacates the land or buildings except that where the lessor leases that land or any buildings to another 649 THE LAND ACT [CAP. 113 R.E. 2023] person before the end of the period of one year, the provisions of subsection (1) shall apply from the date of the execution of that lease. (6) The provisions of subsection (3) shall apply to a lessee . referred to in subsection (5) as if the words “transferor or OAG assignor” wherever they appear, they are substituted with the of n words “lessee to whom subsection (5) applies” and at the endi sosf io the subsection, for the words “the lease has been transferrpee rdm or assigned” they are substituted with the words “he haso uv ta cated the land”. ith d w (7) The provisions of subsections (1) and (5bu) t eapply in like manner to the transfer, or assignment of a letraidis se or a part of the leased land and to the vacating of da o rpart of the leased land as they apply to the transfer or dau csesignment of the lease of all the land and the vacating oefp a roll the land comprised in the lease. be r (8) Any term expressed a m oyr implied in a lease or in a condition or covenant inb oa o klease conflicting with this section is of no effect. is of th rt [s. 97] pao Transferee or 102.–(1) A ped.r Nson who accepts a transfer or assignment of a assignee as lessee lease becosmer vees the lessee without any need for that person to- (a) a rcets knowledge the lessor as such; and (lb ri)g h take possession of the land or buildings complied in l A ia. the lease. n za (2) Where there is a covenant in the lease that the lessee will Tan f not, or will not without the consent of the lessor, transfer or t o en assign the lease, a transfer or assignment has effect whether or rnme not the lessor has consented to that transfer or assignment and v G o whether or not that transfer or assignment is in breach of the 250 covenant but this subsection does not prevent the lessor from ©2 seeking and remedy for and such breach. 650 THE LAND ACT [CAP. 113 R.E. 2023] (3) A person to whom this section applies who became a lessee- (a) is bound to pay to the lessor the rent payable under the lease; . (b) is bound to observe and perform all the covenants on AG O the part of the lessee expressed or implied in the lease; f n o and iss io (c) may enforce all covenants made by and binding opne r mthe lesser expressed or implied in the lease. ut o Cap. 334 (4) Section 95 of the Land Registration Act appliith w es to any d lease created or coming into effect under this P te baurt. tri dis [s. 98] r d o Sub-Part 4 ce od u Remedies an dre pRr elief be Application of 103. This Sub-Part shall applya tyo all leases and licences. this Sub-Part to k m non-customary oo [s. 99] leases s bi Application of 104.–(1) Subject to th th ofe provisions of this section, the provisions this Sub-Part to rt customary leases of this Sub-Part s hpa ll not apply to customary leases. (2) The pro.v Ni osions of ’ this Sub-Part shall apply to the lease of a dwellein d rvge -house expressed to be leased by a customary leases w hree sre there is no rule of customary law applicable. s (3ri)g htWhere any land or buildings have been leased by a cu ll . Astomary lease which the parties to that lease have agreed ans iahall be governed by any of the provisions or part of this nz Ta Part, then the provisions of this Sub-Part shall apply to that nt of customary lease. e rnm (4) Where, in any customary lease other than a customary ov e lease to which subsections (2) and (3) apply, a lessor seeks to G 25 take possession of the leased land or buildings on the grounds 20© that a lessee has not complied with the terms and conditions of that customary lease, then- (a) the lessor must act and act only in strict accordance with the customary law applying to the leases; and 651 THE LAND ACT [CAP. 113 R.E. 2023] (b) the lessee who is alleged not to have complied with the terms and conditions of the customary lease may refer the matter to the Village Land Council and the Village Land Council shall in considering the matter- . (i) have regard to the extent to which the customary OAG law applicable to the lease provides for a fair of n balance of rights and duties between the lessiossr io and the lessee and in particular whether the rm pleessee has been given notice that he is not coomu t plying with the terms and conditions of the le wai tshe and an d opportunity to rectify the matter; a t bnude (ii) where it considers that the ledsstreiis e ought to be granted relief against the dl eo rs sor’s demand for possession of the leasedd u cleand or buildings, be guided by the provisioenp rso of sections 100 and 101 and in particular whe tr b her the lessor has conducted himself in relat imo any to the lessee as respects the lease as a reboa oskonable lessor should so conduct himself. is th (5) In having reg f rta ord to whether a lessor under a customary lease has conduc ptao ed himself as a reasonable lessor should, the Village Lda. e nNd Council shall, while having regard to the customaryse r vlaw applicable to the lease, be guided by the e provishitos nr s of this Part specifically applicable to lessors. ( ig ll6 r) A lessor or lessee who is dissatisfied with a determination biay. A a Village Land Council may appeal to the district court an nz which shall apply to that appeal, as far as the circumstances Ta of shall permit, the provisions of section 101. t en [s. 100] ern m o GDvetermination of 105.–(1) On and after the commencement of this Act, a lessor 25 lease 0 Act No. may terminate a lease for non-payment of rent or for breach of ©2 11 of 2005 s. 16 any covenant in accordance and only in accordance with the provisions of this Sub-Part, notwithstanding any provision in any lease to the contrary. 652 THE LAND ACT [CAP. 113 R.E. 2023] (2) A term expressed or implied in a lease or in any condition or covenant in a lease which purports to avoid or has the purpose or effect of avoiding the need to comply with all or any sections in this Sub- Part is of no effect. . [s. 101] OAG of Distress for rent 106.–(1) Subject to the provision of subsection (3), a lesso n srio Act No. s 11 of 2005 s. 17 may only exercise his right to levy distress for rent earmft ier service of a notice in accordance with the prov t p oisuion of section 108. with (2) Where it is not possible to peacefully exerutcei dse a right to levy distress, the lessor shall only do so undesrt rt ib i he order of the court. d or (3) The exercise of the right to lev ed uyc distress shall only be exercised using a court broker or a bprroo d ker of a tribunal. e r e b [s. 102] y Termination of 107.–(1) Subject to the notikc m a o e served under section 108 or 109 lease for non- payment of rent of this Act, a lessor may o is ebxercise any right to terminate a lease or breach of for failure to pay ren th to fdue under the lease or for a breach of any covenant art Act No. covenant or cond pition in the lease. 11 of 2005 s. 18 (2) The Midn. Nisoter may make rules of the court providing for the procedurvree es to be followed in applying for and the granting of an ord res esr for possession and such rules may provide for the grantihnt rig g of a summary order of possession in circumstances whAell. re the court is satisfied that the lessee has no reasonable ndiaza efence or excuse for the non-observance of any covenant or Tan condition in the lease or for not complying with any notice f t o from the lessor requiring the breach to be remedied. men rn [s. 103] ov e G 25 Notice of 108.–(1) Where a lessee is in arrears with the rent and has 20 intention to © terminate lease been in arrears for not less than thirty days, the lessor may for breach of serve on that lessee a notice of intention to terminate the covenant Act No. lease. 11 of 2005 s. 19 653 THE LAND ACT [CAP. 113 R.E. 2023] (2) A notice served on a lessee under this section shall adequately inform the recipient of all of the following matters: (a) the nature and extent of the breach complained of; (b) the amount which must be paid to remedy the breach; . (c) the period, being not less than thirty days from the date AG O of the service of the notice, within which the breach of n must be remedied; and io iss (d) in the event that the breach is not remedied thep el remase shall terminate at the expiry of thirty days foruo t m the date of service of notice. ith ted w bu [s. 104] triis Notice of 109.–(1) Where a lessee is in breach of a co ovr ednant or condition intention to terminate lease in the lease, the lessor may serve notice oucfe i dntention to terminate for breach of the lease on that lessee. rod covenant other p than to pay rent (2) A notice served on a lebses reee under this section shall Act No. adequately inform the recipie y mnat of the following matters: 11 of 2005 s. 20 (a) the nature and exte oon kt of the breach; (b) where the lessohri sc bonsiders that the breach is capable of t being remed rti oe fd- (i) the oa pc ation which the lessor must take or desist frdo. Nm taking to remedy the breach; (ii) rvtese he amount, if any, of compensation which rets the lessee must pay to remedy the breach and rig h l to reimburse the lessor’s reasonable expenses Al ia. incurred in connection with the breach; and anz (iii) the reasonable time being not less than thirty an f T days, within which the lessor must take or desist t o men from taking the action specified in subparagraph ern (i); and ov G (c) in the event that the breach is not remedied the lease 5 02 shall terminate on expiry of thirty days from the date ©2 of the service of notice. [s. 105] 654 THE LAND ACT [CAP. 113 R.E. 2023] Consequential 110.–(1) Where the lessor has served a notice on a lessee under provisions relating to notices section 108 and 109, he shall at the same time or as soon as under sections practicable serve a copy of that notice on- 108 and 109 Act No. (a) subleases; . 11 of 2005 s. 21 (b) spouse of the lessee; AG O (c) mortgagee of the lessee or of subleases; and f n o (d) where the lessee is bankrupt, the trustee in bankruptcsyiois of the lessee. pe rm (2) The obligation of the lessor under subsection (u1t o ) only applies to those persons mentioned in that subsectio ith wn of whose d names and addresses the lessor has actual noticbeu. te (3) The acceptance by the lessor of any rednist t rai fter the service of a notice under section 108 or 109 ddo oe r s not operate as a waiver of the lessor’s right to apply for acnedu order of termination on the ground of breach of any coevp reonant or condition in the lease, unless acceptance of the bree rnt by the lessor causes the lessee reasonably to believe t hmaayt the lessor no longer intends to apply for that order. oo k b (4) The Minister m tahy is, by regulations, prescribe the form of the notice to be serrvt eo fd under this Part. (5) Service ofo np aotice under the provisions of this Part shall be effected in. Ned person or by registered post and where the person tos ewr vhom service is to be made is evading service or e by somhtse r other reason, service cannot be made to that person phylls rii gcally, service may be effected by affixing the copy of the niao. Atice in a conspicuous place- za n n (a) on or as near as may be to the land where possible; of Ta (b) where the land is village land, at the offices of the village t en council or other public place within the village; m ern (c) where the land is general land at the offices of the local Gov authority having jurisdiction in the area where the land 25 20 is located or on other public place in the area where © that land is located; and (d) publishing a copy in one or more newspapers circulating in Tanzania. 655 THE LAND ACT [CAP. 113 R.E. 2023] (6) The notice displayed or published pursuant to the provisions of this Part may be in English or Kiswahili or both languages. [s. 106] . AG Application for 111.–(1) An application for relief may be made to a district of O relief court- ion ss (a) in a proceeding brought by the lessor for an ordeerrm iof termination of the lease; or p ou t (b) in a proceeding brought for the purpose by w ai thny of the persons referred to in subsection (2) beufoter de the lessor commences a proceeding mentioned rib isint paragraph (a). (2) An application of relief against an oor dd er of termination of a lease may be made by- ed uc (a) the lessee; d pro (b) if two or more persons a re y b ere entitled to the lease as co- occupiers, by one or mmaore of them on their own behalf; (c) a sublessee; k oo (d) a mortgagee of htihs be lessee or a sublessee; or t (e) the trustee i rnt o b f ankruptcy of the lessee. (3) Where an ao p aplication made in accordance with paragraph (b) of subsectdi.o Nn (1) is not made by all the co-occupiers, then, unless the ecrov e s urt orders otherwise, it must be served on all the co-occu re ts piers. (l4 ri)g hA person, with an interest in the leased land or buildings l tiah. e A subject of an application by the lessor for an order of n za termination who on reasonable grounds claims that he has Tan f been prejudiced by not being served with a notice to which t o en section 108 and 109 applies may apply to the court for an ern m extension of time within which to make an application for v G o relief and the court may grant that person an extension of the 250 time on any conditions which it thinks fit. ©2 656 THE LAND ACT [CAP. 113 R.E. 2023] (5) An application for relief is not to be taken as an admission by the lessee or any other person applying for relief that- (a) there has been a breach of a covenant or condition of the lease by the lessee; . (b) by reason of such a breach, the lessor has the right to OAG terminate the lease; n o f (c) all notices which were required to be served by tihsse io lessor were properly served; and ermp (d) the period for remedying the breach specifiedu t o in the notice served under section 108 was rea wsoithnable or d had expired, and the court may grant te b urelief without determining all or any of those mattedirss tr.i or d [s. 107] ce du Power of court 112.–(1) In considering whetheprr o to grant an order of with respect to order of termination or to grant relief agbaei rnest an order of termination, termination and the Court shall have regard tmoa tyh e following matters: relief Act No. (a) the gravity of theo ob k reach and in particular whether 11 of 2005 s. 22 any written lawh hs bi as not, as a result of the breach, been t complied wi f art t oh; (b) the reasoon pableness of the action required to be taken or desi.s Nd ted from by the lessee to remedy the breach ansde rt vhe e time within which it has to be taken or desisted tsf rr eom as specified in the notice served by the lessor h l ri g under section 109, and in particular with respect to the Al ia. lease of any building, the age, condition and location of za n building; n f T a (c) the reasonableness of the amount of compensation nt o e required to be paid and the manner of its payment by m ern the lessee as specified in the notice served by the lessor ov G under section 109; 250 (d) whether the lessor has committed any breaches of ©2 covenants or conditions which he is under an obligation by the lease to comply with and the extent to which those breaches have contributed to any breaches by the lessee; 657 THE LAND ACT [CAP. 113 R.E. 2023] (e) the degree of forbearance shown by the lessor in respect of other breaches of covenants and conditions by the lessee; (f) the age, means and circumstances of the lessor; . (g) the age, means and circumstances including the AG O health and number of dependants of the lessee, and in of n particular whether- siois (i) the lessee will be rendered landless or homelpees rsm by the grant of an order; ou t (ii) the lessee will have any alternative i wmth eans of d providing for himself and his depenudteb ants; or (iii) a spouse of the lessee will or diis t rilikely to suffer undue hardship if an order wd eor r e made; (h) whether there is any alternativdue c eremedy which can be applied in the circumstanceesp; ro (i) the interests of all partie sbe o rther than the lessee and his dependants who are p ay marticipating in the application for relief; and oo k b (j) any other matte s thr i w hich the court considers appropriate and reasona f rbt ole in all circumstances. (2) A court moa py a grant any relief against the operation of an order which etdh . eN circumstances of the case require and without limiting thser vgenerality of that power, may- e (a) r htsc ancel, vary or postpone the order; ( g llb ri) extend the period of time for compliance by the lessee ia. A with a notice served under section 108; an nz (c) alter the amount of compensation required to be paid f T a o by the lessee by a notice served under section 108; en t (d) substitute a different remedy for the one specified by m ern the lessor or a different time for taking or desisting v G o from taking an action specified by the lessor in a notice 25 20 served under section 109; © (e) provide that any arrears of rent or other payments due under the lease be paid in such instalments and at such times as the court shall determine; 658 THE LAND ACT [CAP. 113 R.E. 2023] (f) require the lessor or the lessee to remedy any breaches of any covenants and conditions which either or both of them are under an obligation to comply with; (g) order the lessor to enter into a lease with- . (i) a mortgagee of the lessee; or G OA (ii) a sublessee; n o f for a period, not being longer than the period of the leaissse io which is to be terminated, and on any terms and condpieti rmons which the court thinks fit; or t ou (h) confirm the notice notwithstanding thitah w t some d procedural errors took place during the muteb aking of that notice if the court is satisfied that- str i di (i) the lessee or other person ap pord l ying for relief was made fully aware of the dsuceu bstance of the notice; and ro ep (ii) no substantial injust r biece will be done by confirming that notice, may and may grant that reliebfo ook f any conditions as to expenses, damages, compensati is othn or any other relevant matter which the court thinks fit. ofrt (3) A courto p amay grant relief against an order for termination nd.o N e twithstanding that the lessee has breached an essential t rv serm of the lease and the breach is not capable of e being hrtse rmedied. ll r ig [s. 108] . Aia Remedies of n za 113.–(1) Where a lessee is in breach of covenant or condition lessor and lesseaen for breach off T of a lease, which he is under an obligation to observe and t ocovenanent comply with, the lessor may, instead of serving a notice of rnme intention to terminate, commence an action against the ov G lessee- 5 02 (a) for damages; ©2 (b) for a decree of specific performance; (c) for an injunction; or (d) to recover as a debt any arrears of rent, 659 THE LAND ACT [CAP. 113 R.E. 2023] but no action commenced before the service of a notice of intention to terminate shall be proceeded with or judgement given in respect of it until after the conclusion of any proceedings commenced in connection with an order of . termination arising from the same breaches, including any AG O appeal against any decision given in connection with that of n order of termination. io iss (2) Where a lessor is in breach of a covenant or condit rm pioe n in a lease which he is under an obligation to observe ando uc to mply with, the lessee may- th d w i (a) commence an action against the lessor-bu te (i) for damages; tri r d is (ii) for a decree of specific perford mo ance; or (iii) for an injunction; uc e (b) in any case where the lessorp rho d e as failed to comply with covenants contained in s beec rtion 92(1)(c) or (d)- (i) serve a notice aoyn the lessor that unless he undertakes thoek m bo repairs and maintenance he is obliged to t hu isn dertake within thirty days, the lessee will und oefrt rtake the repairs and maintenance which undoe pr a those paragraphs, it is the lessor’s obligation teod . uNndertake; (ii)s er vif the lessor does not commence the repairs and re hts maintenance as specified in the notice and does ig ll r not seek an extension of time within which to ia. A undertake the repairs and maintenance specified an nz in the notice referred to in subparagraph (i) in as of Ta economical and efficient way as possible; and nt e (iii) set off the cost of that work against the rent due m ern under the lease; Gov (c) deduct from any rent due under the lease any sums 02 5 2 which the lessor has, contrary to the covenants and © conditions in the lease or contrary to any written law, required the lessee to pay as a condition either of obtaining the lease or of continuing as the lessee; or 660 THE LAND ACT [CAP. 113 R.E. 2023] (d) repudiate the lease and cease to pay any rent under it on the grounds that the lessor’s conduct shows that he does not intend to comply with the lease, and may pursue any two or more of these actions together as . the case may require. AG O (3) Where the lessee commences an action for damages, the n o f court may award damages for the inconvenience suffered ibssy io the lessee and those dependants living with him for the lepses rmor’s failure to comply the covenants and conditions under tohu te lease and in addition may award an element of damages t owi tthhe lessee d by way of a penalty on the lessor. te ibu dis tr [s. 109] or Unlawful eviction 114.–(1) A lessee who, contrary to utchee d express or implied terms and conditions of a lease is ervodp icted from the whole or a part of the leased land or builbd e ei rngs, is not as from the time of the eviction, under any obmlaiyg ation to pay any rent or other moneys due under the leasoko e or perform any of the covenants and conditions on the hpisa brt of the lessee expressed or implied t in the lease in respe f rt cot of the land or buildings or part thereof from which he hoa ps a been so evicted. (2) A lesseed. w N ho, contrary to the express or implied terms of the lease isse, ro ven the commencement of the lease, unable through the acti e tso rns or non-actions of the lessor or any of his agents or emplioghl r yees, to obtain possession of the leased land or buildings or. A l ia part thereof is for purposes of this section to be taken as n za having been evicted from the whole or, as the case may be, a an f T part of that land or those buildings. t o en [s. 110] rnm ov e 25 G 20© 661 THE LAND ACT [CAP. 113 R.E. 2023] PART X MORTGAGES4 Sub-Part 1 G. General Provisions A f O n o Application 115.–(1) This Part applies to all mortgages of land or interesistss io of this Part to mortgages in land, made or coming into effect on and after the comerming p Act No. into operation of this Act and any other mortgages t o uof land 2 of 2004 s. 6 which are specifically referred to in any section iwni ththis Part and references to mortgages in this Part shall ap d bu tpely and apply only to mortgages of land and interests in landtridis . (2) The repeal and substitution of Pardt oX r shall not apply in the case of mortgages created on or be ce dufore the time when Part X as substituted came into operatiopnroe . (3) References in this Part to r b“ethe mortgaged land’’ shall be taken to mean and include ma a my ortgaged right of occupancy, a mortgaged lease and su k bob olease and a second or subsequent mortgage. f th is rt o [s. 111] o p a Interpretation of 116.–(1) Whde.r Ne the expressions “borrower’’ or “lender’’ are expressions used in this Part used in th rve sies Part, their respective definitions in section 2 shall Act No. not apptsl yr e, and they shall be respectively construed as “a person 2 of 2004 s. 6 whol r ibg horrows’’ and “a person who lends’’. l A ia. (2) In this Part, unless the context requires otherwise- anz “matrimonial home’’ means the building or part of a building Tan f in which the husband and wife ordinarily reside together t o en and includes- rnm (a) where a building and its cartilage are occupied for ve Go residential purposes only, that cartilage and any 02 5 outbuildings thereon; and ©2 (b) where a building is on or occupied in conjunction with agricultural land or pastoral land, any land allocated by 4 NOTE: The whole Part X was repealed and replaced by Act No. 2 of 2004. 662 THE LAND ACT [CAP. 113 R.E. 2023] the husband or the wife, as the case may be, to his or her spouse for her or his exclusive use; “mortgagee’’ means a person in whose favour a mortgage is created or subsists; . “mortgagor’’ means a person who has mortgaged a right of AG O occupancy or a lease and includes a transferee of a right n o f of occupancy or lease subject to a mortgage and a persoissn io to whom such right of occupancy or lease so subjec rm pet has passed by transmission; and ou t “third-party mortgage’’ means a mortgage which w ii ths created d or subsists to secure the payment of an existuiteb ng or future or a contingent debt or other money or m i dis tor ney’s worth or the fulfillment of a condition by a per d soo r n who is not the mortgagor, whether or not in commonucd ewith the mortgagor. (3) References in this Act to “mporoe rtgage’’ shall be taken to include a third-party mortgage, oer r b , as the context requires, the creation of a third-party mortagyage. ok m bo [s. 112] is th Power to create 117.–(1) An occup f rite or of land under a right of occupancy and mortgage Act No. a lessee may, by apao n instrument in the prescribed form, with 2 of 2004 s. 6 such variationds. N and additions, if any, as the circumstances may require, mseor vretgage his interest in the land or a part thereof to secure ttsh r ee payment of an existing or a future or a contingent deblt r iog hr other money or money’s worth or the fulfillment of a l ciao. Andition. n za (2) The power conferred by subsection (1) shall include an f T the power to create third-party mortgages and second and t o en subsequent mortgages. ern m (3) The power conferred by this section shall be exercisable ov 5 G subject to- 02 (a) any prohibition or limitation imposed by this Act or ©2 any written law; or (b) any restriction contained in an instrument creating or affecting the interest in land which is to be the subject of a mortgage. 663 THE LAND ACT [CAP. 113 R.E. 2023] Cap. 334 (4) In respect of a mortgage other than a mortgage of land registered under the Land Registration Act, it shall take effect only when it is registered in a prescribed register and a mortgagee shall not be entitled to exercise any of his remedies . under that mortgage if it is not so registered. AG O (5) Nothing in this section shall operate to prevent a of n borrower from offering and a lender from accepting- io iss (a) a written and witnessed undertaking, the pec rmlear intention of which is to charge the borrower’s laonu t d with the repayment of money or money’s wort ith hw obtained d from the lender; or uteb (b) a deposit of any of the following: str i di (i) a certificate of a granted right oor d f occupancy; (ii) a certificate of a customar ce dyu right of occupancy; (iii) a document of a lease; proe (iv) any other documen bte rwhich may be agreed upon evidencing a righta yto an interest in land; or (v) any other docuok m bo ments which may be agreed upon, to secure ta hins y payments which are referred to in subsect f art i oon (1). (6) The arroa pngement specified in paragraph (a) of subsection (5 . ed) Nmay be referred to as an “informal mortgage” and a depseor vsit of documents specified in paragraph (b) of e subsechttsio r n (5) shall be known and referred to as a “lien by depllo ris git of documents’’. . Aia [s. 113] za n n Mortgage of Ta f 118.–(1) A mortgage of a matrimonial home including a matrimont ion al home e customary mortgage of a matrimonial home shall be valid Acetrsn N mos. only if- o2v of 2004 s. 6 G17 of 2008 s. 8 (a) any document or form used in applying for such a 02 5 mortgage is signed by, or there is evidence from the ©2 document that it has been assented to by the mortgagor and the spouse or spouses of the mortgagor living in that matrimonial home; or 664 THE LAND ACT [CAP. 113 R.E. 2023] (b) any document or form used to grant the mortgage is signed by or there is evidence that it has been assented to by the mortgagor and the spouse or spouses living in that matrimonial home. . (2) For the purpose of subsection (1), it shall be the OAG responsibility of a mortgagor to disclose that he has a spouse of n or not and upon such disclosure the mortgagee shall bseiois under the responsibility to take reasonable steps to vpee rmrify whether the applicant for a mortgage has or does noou t t have a spouse. ith d w (3) A mortgagee shall be deemed to have te bduischarged the responsibility for ascertaining the marital stadtu i istsr of the applicant and any spouse identified by the applicant o ir d f, by an affidavit or written and witnessed document, thedu caepplicant declares that there were spouse or any other thirpdroe party holding interest in the mortgaged land. e r b (4) An applicant commit ms aayn offence who, by an affidavit or a written and witnessbeod ok document, knowingly gives false information to the m tho isrtgagee in relation to existence of a spouse or any otherrt ot fhird party and, upon conviction shall be liable to a fine ofo np aot less than one half of the value of the loan money or to eidm . Nprisonment for a term of not less than twelve months. erv res hts [s. 114] rigll Application 1ia1. A9.–(1) The creation and operation of customary mortgages of this Part n to customary za of land shall, subject to the provisions of this section, continue mortgages Tan f to be in accordance with the customary law applicable to the Act No. t o 2 of 200e4n s. 6 land in respect of which the customary mortgage is created. rnme (2) Where the mortgagee under a customary mortgage ov G seeks to exercise any customary remedy which involves or may 5 02 involve the mortgagor being disposed or permanently deprived ©2 of the occupation of the mortgaged land, the mortgagee shall, after using the services of the Village Land Council, try and mediate on the application of the proposed or any other 665 THE LAND ACT [CAP. 113 R.E. 2023] remedy, make an application to the Village Land Council for an order authorising the exercise of that remedy. (3) The mortgagor under a customary mortgage may, after making use of the services of the Village Land Council to try . and mediate on the matter with the mortgagee, apply to a G OA Village Land Council for the mortgage to be re-opened on the of n ground that the terms of the mortgage are- siois (a) unfair; ermp (b) an unreasonable departure from the normal t t oeur ms of a customary mortgage applicable in the area w iw thhere the d land is located; or uteb (c) disadvantageous to the interests of th ri dis te dependents of the mortgagor, or d and the Village Land Council shadlul c,e in considering and determining that application, be guprioe ded by the provisions of sections 151 and 152. r be (4) In any case concern ay ming a customary mortgage, the Village Land Council dbetoeko rmining the case shall, where it appears to the Village i tLhas nd Council that- (a) there is a lacrtu on f a in the customary law applying to that mortgageo; p a and (b) no otehde . Nr system of customary law makes adequate or ansye rp v rovision for the matter in respect of which there re htsis a lacuna, be gll uri gided by the relevant provisions of this Part of this Act. a. A i [s. 115] an nz Mortgage of lTaaf nd 120.–(1) On and after the date of the commencement of this to take effte oct as securitye nonly Act, a mortgage shall have effect as a security only and shall Ac m etr Nn o. not operate as a transfer of any interests or rights in the land o2v of 2004 s. 6 G from the mortgagor to the mortgagee but the mortgagee shall 02 5 have, subject to the provisions of this Part, all the powers and ©2 remedies in case of default by the mortgagor and be subject to all the obligations that would be conferred or implied in a transfer of an interest in land subject to redemption. 666 THE LAND ACT [CAP. 113 R.E. 2023] (2) In the case of the mortgage of a lease, the mortgagee shall not be liable to the lessor for rent or in respect of the covenants and conditions contained or implied in the lease to any greater extent than he would have been if the mortgage . had been by way of a sublease. AG O [s. 116] of sio n s Priority 121.–(1) Mortgages shall rank according to the order in whrmi ich Act No. e 2 of 2004 s. 6 they are registered- ut p Cap. 334 (a) in respect of mortgages of land registered uith o d w nder the Land Registration Act, in accordanceu tewith section 60(1) of that Act; or rib ist (b) in respect of all other mortgages, d oirn accordance with the appropriate register. ce d u (2) Informal mortgages shall rapnrok d according to the order in which they are made providee r e b d that, where an informal Cap. 117 mortgage is registered under sye ma ction 11 of the Registration of Documents Act, it shall takk oo e priority over any unregistered informal mortgage. is b th (3) For purpos f ret os only of determining the priority of mortgages, a cu a os tpomary mortgage shall be deemed to be an informal mordt.g Nage, and registration of a customary mortgage Cap. 117 in a registeerr v e s of village land shall have the same effect as regards the pritos rr eity of such a mortgage as if it were registered under sectl iroign h 11 of the Registration of Documents Act. Al ia. (4) Where two informal mortgages are made on the same n za day or are registered on the same day, the mortgage which was an f T first in time to be made or registered shall have priority. t o en (5) Where, a subsequent mortgagee has entered into the ern m transaction secured by his mortgage as a consequence of or ov G through the fraud, dishonesty or misrepresentation of a prior 5 02 mortgagee, either in conjunction with or separately from the ©2 fraud, dishonesty or misrepresentation of the mortgagor, the subsequent mortgage shall have priority to the mortgage of that prior mortgagee as between them, but not so as to affect 667 THE LAND ACT [CAP. 113 R.E. 2023] the priority of any other mortgage having priority to the subsequent mortgage. (6) The rules of priority for informal mortgages shall apply as far as the circumstances shall permit to liens by deposit of . documents. AG O [s. 117] of ion 122.–(1) A mortgagee may, subject to the provisions of mthi ss Tacking r is Acts Nos. e 2 of 2004 s. 6 section, make provision in the mortgage instrument tt opou give 17 of 2008 s. 9 further advances or to give credit to the borrower o it wn ha current or continuing account. d ute (2) A mortgage instrument intended to rib ist permit further advances shall include a maximum aggre d ogr ate amount which may be advanced and outstanding at aun d cye point in time. (3) A further advance referred to riondp subsection (1) shall not rank in priority to any subsequebnet r emortgage unless- (a) the provision for furtyh ma er advances is noted in the register in which thek oo mortgage is registered; or (b) the subsequent hmis bortgagor has consented in writing to t the priority ooff rt the further advance. (4) Except as op pr aovided for in this section, there is no right to tack. d. N (5) Wsheer vree a mortgage provides for the disbursement of a sptse rc e ified principal sum by the mortgagee by way of insta rilgl lhments, whether such disbursements are conditional or l u A ian. conditional obligations of the mortgagee, the payment of anz those installments shall not be taken to be a further advance an f T and such disbursements shall rank in priority to all subsequent t o en mortgages up to the amount stated in the mortgage. m ern [s. 118] v 5 G o 02 Consolidation 123.–(1) Unless there is an express provision to the contrary ©2 Act No. 2 of 2004 s. 6 clearly set out in the mortgage instrument, where a mortgagee has more than one mortgage from a single mortgagor, the mortgagor may discharge any or some of the mortgages without having to redeem all mortgages. 668 THE LAND ACT [CAP. 113 R.E. 2023] (2) A mortgagee who has made provision in accordance with subsection (1) for the consolidation of his mortgage shall record that right in the register or registers against all the mortgages so consolidated which are registered. . (3) Notwithstanding the provisions of subsection (1), a OAG right to consolidate shall not be exercisable to the prejudice of n o f any person acquiring any right of occupancy or lease or othisesr io interest in land entitling that person to the occupation anpde r muse of that land prior to the recording of that right to consuot o lidate in the prescribed register. ith d w (4) The rules of equity applicable to consolidbua tteion shall not apply as from the date of the commencemendits tori f this Act. or d [s. 119] ceu Variation of 124.–(1) A mortgagee shall not vary rtohde rate of interest payable mortgage re p Acts Nos. under a mortgage without givinbeg notice of such variation to 2 of 2004 s. 6 the mortgagor. y a 17 of 2008 s. 10 m (2) A mortgage may beo ov ka ried by a memorandum which- (a) complies with shu b isb section (4); and t (b) is signed by rtt ho f e mortgagor and the mortgagee. (3) The coveon pa ants, conditions and powers expressed or implied in a md.o Nrtgage shall take effect as regards the mortgage as so variesder vferom the time of the variation. (4) Ats rm e emorandum for the purposes of subsection (2)- (la ri)g h must be endorsed or annexed to the mortgage l a. A i instrument; and anz (b) when so endorsed or annexed to the mortgage an f T instrument, shall operate to vary the mortgage in t o en accordance with the terms of the memorandum. ern m (5) Notwithstanding the preceding provisions of this v G o section, an interest rate which by the terms of the mortgage 5 02 agreement may be varied periodically in accordance with a ©2 formula set out therein, may be changed by a written notice from the lender to the borrower setting forth clearly and in a manner likely to be understood by the mortgagor- (a) the new interest rate; 669 THE LAND ACT [CAP. 113 R.E. 2023] (b) the date on; (c) any change to the amount of the payment due under the secured debt, and the first date on which the new payment is due; and . (d) the alternative, if provided in the mortgage agreement, OAG to paying an increased interest rate, if that is the case. of n [s. 12 io mis0s] er Mortgage of land 125.–(1) Subject to the provisions of this Act, a persouto n p may Act No. 1 of 2018 s. 10 mortgage any land for the purpose of obtaining m ith woney from the local or foreign bank, or local or foreign finanuctiea dl institution for developing his land or for any other inves ib dis ttmr ent. (2) The money obtained from the loca lo ro r foreign bank, or local or foreign financial institution sh ed uacll- (a) where the mortgaged land ispr od developed, be utilised for further development of the r ebe land, for investments or for other purposes; and may (b) where the mortgoak o ged land is undeveloped or underdeveloped b hi,s be utilised to develop part or whole t of such morrtgo fa t ged land. (3) A mortgaog po ar shall, within six months, submit to the Commissionedr. Ninformation as to the manner in which the money obst e earvined from the mortgage is invested to develop the mortga r tsg e ed land. h l ri g [s. 120A] Al a. Money to be i za n126.–(1) Money obtained from a mortgage from a local or invested in Tan Tanzania foreign bank, or local or foreign financial institution referred f Act No. o nt to under section 125 shall be invested in Tanzania. 1 of 2m01e8 s. 10 rn (2) Where the mortgagee is a local or foreign bank, or local veo or foreign financial institution, the mortgagee shall submit to 5 G 02 the Commissioner a declaration that the money obtained from ©2 the mortgage is invested in Tanzania. (3) For purposes of this section- “local bank” means any bank licensed by the Bank of Tanzania to undertake the banking business in Tanzania; 670 THE LAND ACT [CAP. 113 R.E. 2023] “local financial institution” means any entity licensed in Tanzania to engage in the banking business, but limited as to size, locations served, or permitted activities as prescribed by the Bank of Tanzania or required by the . terms and conditions of its licence; AG O “underdeveloped” in respect of land, means a land which n o f is not developed in accordance with the conditions io isosf relevant rights of occupancy; and ermp “undeveloped” in respect of land, means a land owu ti thout improvement in, on, under or over such th w i land or d without any change of substantial naturebu i ten the use of such land. i dis tr d o r [s. 120B] e uc Scope of 127. The provisions of sections 125(2ro)d, (3) and 126(1) shall not application p Act No. apply to land held under the Cerbt e ei rficate of Customary Right of 1 of 2018 s. 10 Occupancy. y ma k oo [s. 120C] s bi Non-compliance 128. Failure to compofl y th with the requirements under sections under mortgage t of land 125 and 126 shal lp ac ronstitute a breach of conditions of right of Act No. occupancy prdo o . vNided for under section 49. 1 of 2018 s. 10 e erv [s. 120D] re s Procedure 129. Thhtsig e procedure for administration and enforcement of relating to ll r mortgage of land se. cAtion 125 and 126 shall be prescribed in the regulations. Act No. nia [s. 120E] 1 of 2018 s. 10 a an z of T t en Conrntemnts of notice 130.–(1) At least five days prior to making a mortgage loan to a Avcets Nos. o17 of 2008 s. 11 borrower for purposes of acquiring, improving or constructing 5 G2 1 of 2018 s. 11 a residential property, a creditor shall provide the consumer in 0 ©2 writing and in plain language the following information: (a) identification and address of the creditor and any intermediary action for the creditor; 671 THE LAND ACT [CAP. 113 R.E. 2023] (b) the purposes for which the loan may be used; (c) a description of the payment terms of the loan, including the amount and frequency of payments, the allocation of payments to principal and interest of the . loan, respectively, the place and method of payment; OAG (d) with respect to loans on which the interest rate may of n be changed from time to time in accordance with tihsse io terms of the mortgage, variable interest rate loapen rms, a description of the formula by which the inteorue ts t rate shall be varied and the frequency of variatio ith d w n; (e) a calculation of the entire cost of thbeu t eloan to the consumer over the stated duration of dth ri iste loan, assuming no prepayment, distinguishing betowr d een principal and interest and in the case of vari e dua cble interest rate loans, statements of the assumptieopn ros underlying the interest calculation and that actu r bael interest paid could be more or less than disclosed; ay (f) a good faith estim k m b aoote of other costs related to the loan to be paid by t hthe is consumer, including costs, insurance premiums, l f ret go al, notary and registration fees, as well as appraisalo f pe aes; (g) whethede . rN there is a possibility of early repayment (prserp vayment) of all or any portion of the loan, and if ts e h or , its conditions; ( g llh ri) whether an appraisal of the property is necessary and, A ia. if so, by whom it will be carried out; n nz a (i) a summary of the main terms of the mortgage securing Ta of the loan, including any restrictions on use or disposition nt e of the property and the obligations of the consumer for ern m maintenance and insurance of the property; and v G o (j) an unambiguous statement that failure to repay the 02 5 2 loan may result in loss of the mortgage property and © description of the steps that may be taken by the creditor to enforce the mortgage in the event of the consumer’s failure to meet his obligation. 672 THE LAND ACT [CAP. 113 R.E. 2023] (2) The Minister may, by regulations, prescribe the form and content of the written notice to be provided to borrowers and, where so prescribed a notice made under this section shall be in that form and shall be considered void if not in that form, . provided that no such notice shall be considered void on the OAG grounds of technical defects alone in the absence of material of n harm to the recipient. io iss (3) A notice given under this section shall not be consipdee rmred defective because of discrepancies between costs esotui t mated diligently and in good faith in accordance with parwait h d graph (f) of subsection (1) and costs actually incurred. ute trib dis [s. 120F] r d o Sub-Part 2 e uc od Discharge of M reo prrtgages be Right to discharge 131.–(1) Subject to the provisaiyo ns of this section and section Act No. k m 2 of 2004 s. 6 146, on payment of all moooneys and the performance of all other conditions and hoisb bligations secured by the mortgage, the mortgagee shallt oa f tt the request and cost of the mortgagor discharge the mo pra r o tgage at any time and any agreement or provision in tdh. e N mortgage instrument or otherwise which- (a) pureprvo erts to deprive the mortgagor of this right; s (b) tss er eeks to fetter the exercise of this right; or (lc ri)g h stipulates for a collateral advantage which is unfair Al a. and unconscionable and inconsistent with the right to i za n discharge, n f T a shall be void. nt o e (2) Any agreement or provision in the mortgage instrument rnm or otherwise which requires that a mortgagor wishing to e Gov obtain a discharge of the mortgage under subsection (1) shall 02 5 be required to pay to the mortgagee, as well as paying all other ©2 moneys secured by the mortgage, additional amount in excess of one month’s interest at the rate at which interest is payable on the principal sum secured by the mortgage shall be void. 673 THE LAND ACT [CAP. 113 R.E. 2023] (3) A discharge whether of the whole or a part of a mortgage shall be as prescribed under this Act or any other written law. Cap. 334 (4) Section 63 of the Land Registration Act shall apply to any mortgage made under this Part. . [s. 121] AG of O Transfer of 132.–(1) The current mortgagor or any person mentioned si n snio mortgage Act No. subsection (2) may at any time, other than a time whener mt ihe 2 of 2004 s. 6 mortgagee is in a possession of mortgaged land, ino uw t priting request the mortgagee to transfer the mortgage t th owi a person named in the written request. ute d (2) Subject to the consent of the mortgagosrtr, ib i which consent shall not be unreasonably withheld, the d o rpersons who may make the written request under subsecutcieo dn (1) are- (a) any person who has an interepsrto din the right of occupancy, lease or mortgage that hase rb e b een mortgaged; (b) any surety for the paymy ma ent of the amount secured by the mortgage; or k oo (c) any creditor ohf b is the mortgagor who has obtained a decree for saolfe t rt of the mortgaged right of occupancy, lease or m poao rtgage. (3) The mo. Nd rtgagee on receiving a written request made under subsesr veection (1), and on payment by the person or persontss rm e aking the request of all moneys which would have been gh l ri payable if the discharge of the mortgage had been made l uian. Ader section 124 and the performance of all other obligations anz secured by the mortgage, shall transfer the mortgage to the an f T person named in the written request. o en t [s. 122] ern m oMvortgagee’s 133. Where a mortgage contains a condition, express or 5 Gconsents of 02 transfer implied, by the mortgagor that the mortgagor will not, ©2 Acts Nos. without the consent of the mortgagee, transfer or assign 2 of 2004 s. 6 17 of 2008 s. 12 or lease the right of occupancy or in the case of a lease or sublease, then no transfer, assignment, lease or sublease shall 674 THE LAND ACT [CAP. 113 R.E. 2023] be registered until the written consent for the mortgagee has been produced to the Registrar and any such transfer shall be null and void as a matter of law with respect to the interests of the mortgagee. . [s. 123] G f O A ion o Sub-Part 3 iss Covenants, Conditions and Powers Implied in Mortgageer m ut p s Implied 134.–(1) There shall be implied in every tho covenants by wimortgage mortgagor covenants by the mortgagor with the mortgagd ute ee binding Acts Nos. the mortgagor- trib 2 of 2004 s. 6 di s 17 of 2008 s. 13 (a) save in the case of a mortgagor uornder a third-party mortgage, to pay the princip e uacl d money on the day appointed in the mortgagep roa dgreement, and, so long as the principal money o rree any part thereof remains b unpaid, to pay interesta yo n the money thereon or on so much of the moneoyo kw mhich for the time being remains unpaid at the rhaitse b and on the days and in the manner specified in mfo tt o rtgage agreement; (b) to pay allo r pa atres, charges, rent, taxes and other outgoings which N d . are at all times payable in respect of the moerrtvg eaged land held for a right of occupancy; s (c) tst or e repair and keep in repair all buildings and other h l ri g improvements upon the mortgaged land or to permit Al a. the mortgagee or his agent at all reasonable times until i za n the mortgage is discharged and after reasonable notice an f T to the mortgagee to enter the land and examine the state t o en and condition of such buildings and improvements; rnm (d) to ensure by insurance or any other means which ve Go may be prescribed or which are appropriate, that 5 02 resources will be available to make good any loss or ©2 damage caused by fire to all buildings on the land, and where insurance is taken out, it is done so in the joint names of the mortgagor and mortgagee with insurers 675 THE LAND ACT [CAP. 113 R.E. 2023] approved by the mortgagee and to the full value of all the buildings; (e) in the case of a mortgage of land used for agricultural purposes, to use the land in a sustainable manner and in . accordance with the principles of good husbandry and OAG any conditions subject to which the right of occupancy of n or lease under which the land is held and to comp io islsy with all written laws and lawful orders applicabelremp to that use of the land; t ou (f) not to lease or sublease the mortgaged la ith wnd or any d part of it for any period longer than a yebua ter without the previous consent in writing of the m ri di ostrtgagee but that consent shall not be unreasonablyd ow r ithheld; (g) not to transfer or assign thed ur ceight of occupancy or lease or part of it withouetp rothe previous consent in writing of the mortgage eb eb rut that consent shall not be unreasonably withhe lmd a;y (h) in the case of a oo k b mortgage of a lease, during the continuance ofh is t the mortgage, to pay, perform and observe ther tr oe fnt, covenants and conditions by and in the lease oc po antained and implied and on the part of the lesseee N dt.o be paid, performed and observed and to keep thee rs mv ortgagee indemnified against all proceedings, tse r e h xpenses and claims on account of non-payment of the ll r ig rent or part of it or the breach of non-observance of the ia. A said covenants and conditions or any of them, and, if n nz a the lessee has an enforceable right to renew the lease, to of Ta renew it; nt e (i) where the mortgage is a second or subsequent mortgage, ern m that the mortgagor will pay the interest from time to v G o time accruing on each prior mortgage, not being a 25 20 third-party mortgage, when it becomes due and will at © the proper time repay the principal money or part of it due on each prior charge; and 676 THE LAND ACT [CAP. 113 R.E. 2023] (j) where the mortgagor fails to comply with any of the covenants implied by paragraphs (b), (c), (d), (e) and (h) of this subsection, that the mortgagee may spend any money which is reasonably necessary to remedy . the breach and may add the amount so spent to the G OA principal money and that amount shall be deemed for of n all purposes to be a part of the principal money securiessd io by the mortgage. ermp (2) Reference to the obligation of the mortgoaug t or in paragraph (b) of subsection (1), to keep all buildingsit h w upon the d mortgaged land in repair, shall be taken to be abnu t eobligation to keep such buildings in a reasonable state of tri d riespair as set out in section 96. d o r (3) The provisions of section 97 shallc aedu pply to an application by a mortgagor to a mortgagee fore pc roonsent under paragraphs (f) and (g) of subsection (1). e r b (4) The mortgagee shall n y mo at spend any money pursuant to paragraph (j) of subsecti ok bon (1) without giving notice to the mortgagor of intentionth i tso do so. (5) Consent givertn o fpursuant to paragraph (f) of subsection (1) shall not be coo pn astrued as subordination of the mortgage to any such leas . N rve ed or sublease in the absence of specific agreement of the morsetgagee to such subordination which agreement may e be grahntst er d or withheld by the mortgagee in its sole discretion. (l6 ril )g It shall not be deemed unreasonable for a mortgagee tiao. Arequire, as a condition of granting consent pursuant to n nz a paragraph (g) of subsection (1) that the entire debt secured by a of T the mortgage be repaid in full. en t [s. 124] ern m Gov Sub-Part 4 25 20© Powers of the Mortgagee Foreclosure 135.–(1) Any rule of law, written or unwritten, entitling a abolished Act No. mortgagee to foreclose the equity of redemption in mortgage 2 of 2004 s. 6 land is abolished. 677 THE LAND ACT [CAP. 113 R.E. 2023] (2) It is hereby declared that, on and after the coming into operation of this Act, a mortgagee shall not be entitled to enter into possession of the mortgaged land held for a right of occupancy or a mortgaged lease or to receive the rents and . profits of that land or lease by reason only that default has been G OA made in the payment of the principal sum or of any interest of n or other periodic payment or of any part thereof or in tihsse io performance or observance of any agreement expresspeed rm or implied in the mortgage, other than in accordance wuit o th the provisions of this Sub-Part. ith ted w trib u [s. 125] is Remedies of 136. Where the mortgagor is in default, otrh d e mortgagee may mortgagee Act No. exercise any of the following remedies: ed uc 2 of 2004 s. 6 (a) appoint a receiver of the incopmro de of the mortgaged land; (b) lease the mortgaged landb e eo rr where the mortgaged land is of a lease, sublease mth aye land; (c) enter into possessioonk o of the mortgaged land; and (d) sell the mortgaghies db land, but if such mortgaged land is t held under crt uo fs tomary right of occupancy, sale shall be made to a npao y person or group of persons referred to in Cap. 114 sectiond. N30 of the Village Land Act. e se rv [s. 126] s r e Notice to exercise 137. r–ig( h1t ) Where there is a default in the payment of any interest remedies Acts Nos. or Aall. ny other payment or any part thereof or in the fulfillment of a 2 of 2004 s. 6 i za nany condition secured by any mortgage or in the performance 17 of 2008 s. 14n Ta or observation of any covenant, express or implied, in any of nt mortgage, the mortgagee shall serve on the mortgagor a notice rnm e in writing of such default. e ov (2) The notice required by subsection (1) shall adequately 5 G 02 inform the recipient of the following matters: ©2 (a) the nature and extent of the default; (b) that the mortgagee may proceed to exercise his remedies against the mortgaged land; 678 THE LAND ACT [CAP. 113 R.E. 2023] (c) actions that must be taken by the debtor to cure the default; and (d) that, after the expiry of sixty days following receipt of the notice by the mortgagor, the entire amount of the . claim will become due and payable and the mortgagee AG O may exercise the right to sell the mortgaged land. n o f (3) The Minister may, by regulations, prescribe the for io isms and content of a notice to be served under this sectione ramp nd where the notice to be served under this section has obu te en so prescribed, a notice served under subsection (1) wsihthall be in d that form and shall be void if it is not in that for ibu mte. strdi [s. 127] or Appointment, 138.–(1) It shall be an implied condituicoe dn in every mortgage, powers, remuneration and that the mortgagee shall have the pporow d er to appoint a receiver duties of receiver of the income of the mortgaged lea rn ed. Act No. b 2 of 2004 s. 6 (2) Prior to the appointmemnaty of a receiver under this section, the mortgagee shall serve a nk oo otice as provided for under section 137 on the mortgagor. s b thi (3) The appointmoefn rt t of a receiver shall be in writing signed by the mortgageoe .p a (4) A rece N di.v er may be removed at any time and a new receiver apeprvs oeinted by writing signed by the mortgagee. (5) As rt reeceiver appointed under this section shall be deemed to ble ri gt hhe agent of the mortgagor for the purposes for which he l iias. a Appointed including power of sale of mortgaged land so that n za the mortgagor shall, unless the mortgage instrument provides n f T a otherwise, be solely responsible for the acts and defaults of the nt o e receiver. ern m (6) The receiver shall have the power to demand and recover Gov all the income of which he is appointed a receiver, by action or 250 otherwise, in the name of the mortgagor and to give effectual ©2 receipts for the same. 679 THE LAND ACT [CAP. 113 R.E. 2023] (7) The receiver shall be entitled to retain out of any money received by him all costs, charges and expenses incurred by him as receiver and, for his remuneration, a commission at the rate not exceeding five per centum of the gross amount of . all moneys received as specified in the appointment, or if no AG O rate is so specified, at the rate of five per centum or any other n o f rate as the mortgagor and mortgagee may agree or where thseiois appointment of a receiver comes before the court, whicphe r mthe court thinks fit. ou t (8) The receiver shall apply all moneys receivedw ibt h y him in d the following order of priority: bu te (a) first, in the payment of all rents, ratetsridis , charges, taxes and other outgoings required to dboer paid in respect of the mortgaged property; ceu (b) second, in keeping down parlo d e l annual sums or other payments, and the intere sbte or n all principal sums, having priority to the mortg amg aey of which he is the receiver; (c) third, in payment o b ofk his remuneration and expenses; (d) fourth, in paym is thent of all reasonable expenses incurred in the doing oofrt f anything which a receiver is required or entitleod p a to do in respect of the mortgaged land, includi.n Ned g- (i) ervthe payment of any premiums on any insurance re s hts policy properly payable under the mortgage ig ll r instrument; and ia. A (ii) the costs of undertaking necessary and proper n nz a repairs to any buildings comprised in the a of T mortgaged land as directed in writing by the t en mortgagee; m ern (e) fifth, in the repayment of any money paid or advanced ov G by the mortgagee, to meet the reasonable expenses 02 5 2 referred to in paragraphs (a), (b), (c) and (d) together © with any interest on any amount so paid or advanced 680 THE LAND ACT [CAP. 113 R.E. 2023] at the rate at which interest is payable on the principal sum secured by the mortgage; (f) sixth, in payment of the interest accruing due in respect of any principal sum secured by the mortgage; and . (g) seventh, in and towards the discharge of the principal OAG sum secured by the mortgage, n o f and shall pay the residue, if any, to the mortgagor or othisesr io person entitled to the mortgaged land. erm t p ou[s. 128] th w i Mortgagee’s 139.–(1) A mortgagee shall, unless the mortgaugte d instrument power of leasing Act No. expressly provides to the contrary, have powisetrr ib, subject to the 2 of 2004 s. 6 provisions of this Act and any other law ap opr ldicable to the leases of land- d uc e (a) to grant leases in respect of ptrho de mortgaged land or any part thereof; e be r (b) to accept a surrende mr aoy f any lease so granted and of any lease affectingo ot kh e mortgaged land, and may, for that purpose, ehxise bcute, in place of the mortgagor, any t instrument f rrt eoquired to execute that lease or surrender. (2) Prior to gr a oa pnting a lease under this section, a mortgagee shall serve a dn. o Ntice on the mortgagor as provided for under section 13s7er( v2e). (3) E e tsv rery lease granted by the mortgagee shall- (la ri)g h be made to take effect in possession not later than six l a. A i months after its date; za n (b) reserve the best rent that can reasonably be obtained n f T a regard being had to the circumstances of the case; t o en (c) be for a term not exceeding fifteen years or the ern m length of the term of the mortgage, whichever is the v G o shorter; and 5 02 (d) contain any terms and conditions which are reasonable, ©2 having regard to the interests of the mortgagor and of any other persons having an interest in the mortgaged land. 681 THE LAND ACT [CAP. 113 R.E. 2023] (4) A lease created by a mortgagee under this section shall not be binding on any person holding, and shall not take priority over any mortgage which has priority to the mortgage of the mortgagee who has granted the lease, unless such person . has consented thereto. G OA (5) A mortgagee shall not exercise the powers under of n subsection (1) in relation to any such land as is referred to isisn io paragraph (a), (b) or (c) of subsection (5) of section 140 wipteh rmout first having obtained an order for possession thereof foruo t m the court or having taken possession in the manner pr e th wsi cribed in d paragraph (b) of subsection (2) of section 140. ute trib r d is [s. 129] o Power of 140.–(1) A mortgagee may, at any time d u caefter service of a notice mortgagee to take possession of under section 137, enter into posses d psroion of the whole or a part mortgaged land of the mortgaged land. e r e Act No. b 2 of 2004 s. 6 (2) A mortgagee may exemrac yi se the power of entering into possession of the mortgagedk oo land- (a) by entering intohi sa bnd taking physical possession of the t land or a parto fo rt f it peaceably; (b) by assertoin p ag management or control over the land by servindg. Na notice in the prescribed form requiring any les e sseer ve or the mortgagor or any other occupier of the re tsl and to pay to the mortgagee any rent or profits which h l ri g would otherwise be payable to the mortgagor; or l a. A i (c) pursuant to an order of the court. za n (3) The mortgagee shall be regarded as being in possession an f T on the date- nt o e (a) on which he enters into possession in accordance with ern m paragraph (a) or (c) of subsection (2); or Gov (b) on which he first receives any rent or profit from the 02 5 land. ©2 (4) A mortgagee who has entered into possession may remain in possession, without prejudice to the right to withdraw from possession, so long as the mortgaged land continues to be subject to any liability under the mortgage. 682 THE LAND ACT [CAP. 113 R.E. 2023] (5) A mortgagee shall not, otherwise than through the execution of an order of the court, enter into or seek to enter into possession by taking physical possession of- (a) a dwelling house in which any person is in residence; . (b) any land in actual use for agricultural purposes; G OA (c) any land in actual use for pastoral purposes; or of n (d) any land where the taking of physical possessio io issn peaceably is not possible. ermp (6) A mortgagee in possession of any mortgaged olua t nd by occupation shall be entitled to manage the land a wnitdh take all d its profits, but shall be liable to the mortgagorb uf toer any act by which the value of the land, or any buildinstrg i s on, or other permanent improvements to the land aorre di d impaired or the borrower otherwise suffers loss. ce du (7) A mortgagee in possession esp rhoall apply all the moneys received by him to the same pay m r beents and in the same order as would apply to a receiver an md a ywhich are set out in subsection (8) of section 138, except o b oth kat a mortgagee in possession shall not be entitled to rece i itvhes any payments under paragraph (c) of that subsection. ofrt (8) Any persoo np a on whom a notice under paragraph (b) of subsection (e2d) . Nhas been served shall forthwith comply and continue tsoer vcomply with that notice until- e (a) htsa r notice of withdrawal in the prescribed form is served l ri g l on that person by the mortgagee in possession; ia. A(b) the mortgagee in possession withdraws from that n nz a possession; or Ta of (c) a court orders the mortgagee in possession to withdraw nt e from possession. m ern [s. 130] Gov 5 02 Withdrawal of 141.–(1) A mortgagee shall withdraw from possession of the ©2 mortgagee from possession mortgaged land- Act No. (a) where a court makes an order directing the mortgagee 2 of 2004 s. 6 to withdraw; 683 THE LAND ACT [CAP. 113 R.E. 2023] (b) where the mortgagee appoints a receiver under section 138; (c) where the default which was the cause of the entry into possession has been rectified through the possession of . the mortgagee; G OA (d) where the mortgagee has exercised the power of sale n o f under section 142; or siois (e) where the mortgagor has become entitled to a discphe ramrge of the mortgage under section 131. ou t (2) A mortgagee in possession shall be take th d w ni to have withdrawn from possession of all or a part of tuhteb e mortgaged land in any case provided for- i dis tr (a) by paragraph (a) of subsection (1d) o, r when the order of the court is made; ce du (b) by paragraph (b) of subsecetpi roon (1), when the receiver has been appointed in acceo r b rdance with section 138; (c) by paragraph (c) of su mb asyection (1), when the mortgagee has either- ok bo (i) ceased to tohics cupy the mortgaged land; or (ii) where rh oe f t is not in occupation, served a notice of withod pr aawal on all persons served with a notice un. Ned der paragraph (b) of subsection (2) of this rv se section; e (d)h r tsb y paragraph (d) of subsection (1), when the purchaser rigll of the mortgaged land enters into occupation of that A ia. land; or za n n (e) by paragraph (e) of subsection (1), when the mortgagor a of T obtains the discharge of the mortgage. nt e (3) A mortgagee who has withdrawn from possession of ern m mortgaged land may not again enter into possession of that ov G land, otherwise than by complying again with the provisions 5 20 2 of section 140. © [s. 131] 684 THE LAND ACT [CAP. 113 R.E. 2023] Mortgagee’s 142.–(1) A mortgagee may, after the expiry of sixty days power of sale Acts Nos. from the date of receipt of a notice under section 137, sell the 2 of 2004 s. 6 mortgaged land. 17 of 2008 s. 15 (2) A mortgagee may exercise the power of sale in relation . to any such land as referred to in paragraph (a) or (b) of AG O subsection (5) of section 140. n o f (3) The exercise by a mortgagee of his power of sale sh io iassll not be a disposition which is subject to the provisio rm pnes of section 42. ut o (4) Where a sale of mortgaged property shal ith wl be made d by means other than public auction, a mortguateb gee shall be required to give notice of sale of not less thdaisn tr i ten days to the mortgagor and to any third party holdingd oa r registered interest in the property. ce du ep ro [s. 132] e rb Duty of 143.–(1) A mortgagee whom aye xercises a power to sell the mortgagee exercising power mortgaged land, includingk oo the exercise of the power to sell of sale in pursuance of an or b hdise r of a court, owes a duty of care to Act No. t 2 of 2004 s. 6 the mortgagor, anry oft g uarantor of the whole or any part of the sums advanc peao d to the mortgagor, any lender under a subsequent md. o Nrtgage including a customary mortgage or under a lie e senr v to obtain the best price reasonably obtainable at the timse rt eof sale. ( g l2 ri) hWhere the price at which the mortgaged land is sold l i A ias. twenty-five per centum or more below the average price za nat which comparable interests in land of the same character n f T a and quality are being sold in the open market, there shall be nt o e a rebuttable presumption that the mortgagee is in breach of rnme the duty imposed by subsection (1) and the mortgagor whose v G o mortgaged land is being sold for that price may apply to a court 250 for an order that the sale be declared void, but the fact that ©2 a mortgaged land is sold by the mortgagee at an undervalue being less than twenty-five per centum below the market price shall not be taken to mean that the mortgagee has complied with the duty imposed by subsection (1). 685 THE LAND ACT [CAP. 113 R.E. 2023] (3) It shall not be a defence to a proceeding against a mortgagee for breach of the duty imposed by subsection (1) that the mortgagee was acting as agent of or under a power of attorney from the mortgagor or any former mortgagor. . (4) A mortgagee shall not be entitled to any compensation AG O or indemnity from the mortgagor, any former mortgagor or of n any guarantor in respect of any liability arising from a breacshiois of the duty imposed by subsection (1). pe rm (5) The sale by a mortgagee of any village land occuupt o ied by a villager shall conform to the provisions of section ith d sw 30 and 31 Cap. 114 of the Village Land Act, save that such a sale shbua tlel not require any approval from a village council. ist ri d (6) Any attempt by a mortgagee to exc r dl oude all or any of the provisions of this section in any mort e dug cage instrument or any agreement collateral to a mortgagep rooe r in any other way shall be void. e r ay b [s. 133] ok m o Powers incidental 144.–(1) Where a mort b higs agee becomes entitled to exercise the to power of sale t Act No. power of sale, that s f rta ole may be- 2 of 2004 s. 6 (a) of the wh a oo ple or a part of the mortgaged land; (b) subjecdt. t No or free of any mortgage or other encumbrance hasveirn veg priority to the mortgagee’s mortgage; (c) re tsb y way of subdivision or otherwise; (ldig)h r by private contract or public auction; Al ia. (e) with or without reserve; za n (f) for a purchase price payable in one sum or by an f T instalments; or nt o e (g) subject to any other conditions which the mortgagee rnme shall think fit, having due regard to the duty imposed Gov by section 143(1). 02 5 (2) Where a sale is to proceed by public auction, it shall be ©2 the duty of the mortgagee to ensure that, the sale is publicly advertised in such a manner and form as to bring it to the attention of persons likely to be interested in bidding for the mortgaged land and that the provisions of section 56, relating 686 THE LAND ACT [CAP. 113 R.E. 2023] to auctions and tenders for right of occupancy, are, as near as may be, followed in respect of that sale. (3) A sale of the mortgaged land by a mortgagee in exercise of the power of sale shall be made in the prescribed form and . the Registrar shall accept it as sufficient evidence that the OAG power has been duly exercised. of n (4) Upon registration of the right of occupancy or lease iossr io other interest in land sold and transferred by the mortgpea rgmee, the interest of the mortgagor as described therein shalolu p t ass to and vest in the purchaser free of all liability on acc owiuthnt of the d mortgage, or on account of any other mortgage oru tb eencumbrance to which the mortgage has priority, other i dis ttrhan a lease or easement to which the mortgagee had cond soe r nted in writing. e du c [s. 134] pro Protection of 145.–(1) This section applies to- ree purchaser b Acts Nos. (a) a person who purch masyes mortgaged land from the 2 of 2004 s. 6 mortgagee or recoeoi kv er, excluding a case where the 17 of 2008 s. 16 mortgagee is thheis pburchaser; t (b) a person clrat oim f ing the mortgaged land through the person wo ph ao purchases mortgaged land from the mortga. gNd ee or receiver, including a person claiming thrso e eruv gh the mortgagee where the mortgagee is the re tsp urchaser where, in such a case, the person so claiming l ri gh obtained the mortgaged land in good faith and for l a. A value. an i z (2) A person to whom this section applies- n f T a (a) is not answerable for the loss, misapplication or nt o e non-application of the purchase money paid for the m ern mortgaged land; ov G (b) is not obliged to see to the application of the purchase 02 5 price; and ©2 (c) is not obliged to inquire whether there has been a default by the mortgagor or whether any notice required to be given in connection with the exercise of the power of sale has been duly given or whether the sale is otherwise necessary, proper or regular. 687 THE LAND ACT [CAP. 113 R.E. 2023] (3) A person to whom this section applies is protected even if at any time before the completion of the sale, he has actual notice that there has not been a default by the mortgagor, or that a notice has not been duly served or that the sale is in . some way unnecessary, improper or irregular, except in the OAG case of fraud, misrepresentation or other dishonest conduct of n on the part of the mortgagee of which that person has actuisas ilo or constructive notice. ermp (4) A person prejudiced by an unauthorised, improou tp er or irregular exercise of the power of sale shall have a wri tehmedy in d damages against the person exercising that powbeu tre. (5) A person referred to under subsecdtiiso trin (1), whether acting for himself or by or through the mdo or r tgagee from whom that person obtained the mortgaged pdruo ceperty, shall be entitled to possession of the mortgaged prporoe perty immediately upon acceptance of a bid at a public baeu rction or contract of sale of that mortgaged property. y m a oo k b [s. 135] s thi Sale by mortgagee 146.–(1) A mortga f rgt oee exercising the power of sale may sell to himself to himself, other paAct No. o than in the circumstances provided for in 2 of 2004 s. 6 subsection (3)d,. Nonly if a court gives him leave to do so. (2) A sceor vuert shall not grant leave unless the mortgagee satisfiests sr euch court that a sale of the mortgaged land to himself is th gh l eri most advantageous way of selling the land so as to comply Al w ia.ith the duty imposed on the mortgagee by section 143(1). za n (3) Where the mortgaged land is to be sold by public auction, an f T the mortgagee may bid for and purchase the mortgaged land at t o en that public auction so long as the price bid for the mortgaged m ern land by the mortgagee is- ov G (a) the highest price bid for that land at the auction; or 5 02 (b) equal to or higher than the reserve price, if any, put ©2 upon the land before the auction, whichever amount is the greater. (4) Where a mortgagee who has sold mortgaged land to himself applies to the Registrar to be registered as the lawful occupier of land under a right of occupancy or lease, the 688 THE LAND ACT [CAP. 113 R.E. 2023] Registrar may require that mortgagee to provide any evidence which the Registrar may specify that the provisions of this section have been complied with and the Registrar shall not be obliged to register any such right of occupancy or lease until . the mortgagee has so satisfied the Registrar. AG O [s. 136] f ion o ss Application of 147. The purchase money received by a mortgagee whoer mh ias proceeds of sale of mortgaged exercised his power of sale shall be applied in the follt opou wing land order of priority: ith Act No. w (a) first, in payment of any rates, rents, utate d 2 of 2004 s. 6 xes, charges or other sums owing and required tot ribis be paid on the mortgaged land; r d o (b) second, in discharge of any purcieo dr mortgage or other encumbrance subject to whipcroh d the sale was made; (c) third, in payment of all ceo r e b sts and reasonable expenses properly incurred anmd y a incidental to the sale or any attempted sale; k oo (d) fourth, in dischisa h rbge of the sum advanced under the t mortgage orrt o fs o much of it as remains outstanding, interest, oc po asts and all other moneys due under the mortga. gNd e, including any moneys advanced to a receiver in sreer vsepect of the mortgaged land under section 138; a rnets d ( gh le ri) fifth, in payment of any subsequent mortgages in order Al a. i of their priority, and n za the residue, if any, of the money so received shall be paid to an f T the person who, immediately before the sale, was entitled to nt o e discharge the mortgage. ern m [s. 137] ov G 02 5 Right of 148.–(1) At any time before an agreement is reached ©2 mortgagor to discharge between the mortgagee and any purchaser for the sale to mortgage on that purchaser of mortgaged land, whether or not such sale payment of sum due any time has been completed, the mortgagor or any other person before sale who is entitled to discharge the mortgage may discharge the Act No. 2 of 2004 s. 6 689 THE LAND ACT [CAP. 113 R.E. 2023] mortgage in whole or in part by paying to the mortgagee all moneys secured by the mortgage at the time of discharge. (2) Where payment is made under subsection (1), the mortgagee shall deliver to the mortgagor- . (a) a discharge of the mortgage in the prescribed form over G OA the whole or that part of the mortgaged land to which of n the payment relates; and io iss (b) all instrument and documents of title held bpye rmthe mortgagee in connection with the mortgaged l t tho aund. w i [s. 138] ute d Action by 149.–(1) Where the mortgagee under a mistor ibrtgage of land mortgagee for possession of which consists of or includes a dwellin d ogr house, to which dwelling house or section 140(5) applies brings an actiuocne d in which he claims agricultural land Acts Nos. possession of the mortgaged land, orordp a mortgagor brings an 2 of 2004 s. 6 action to suspend or stop a sale ep r e b ursuant to section 142, the 17 of 2008 s. 17 court may exercise any of the poy ma wers conferred on it by section 150, if it appears to the coourk o ts, with a high degree of certainty, that in the event of its ehixs ebrcising that power- t (a) the mortgagrto or f is likely to be able, within a reasonable period, t a oo p pay any sums due under the mortgage or to remd. e Ndy a default consisting of a breach of any othseer vre obligation arising under or by virtue of the m rets ortgage; and ( gh lb ri) there is sufficient value in mortgaged property that . A l ia despite the delay, in the event that the mortgagor fails anz to cure his default and pay the sums due, the mortgagee n f T a will be likely to recapture the amount of its entire claim o en t from sale of the property. rnme (2) Where the mortgagor is a natural person or, in the v G o case of joint mortgagors, all are natural persons, and the 250 mortgagee under a mortgage of land which consists of or ©2 includes agricultural or pastoral land to which subsection (5) of section 140 applies brings an action which he claims possession of the mortgaged land, the court may exercise any 690 THE LAND ACT [CAP. 113 R.E. 2023] of the powers conferred on it by section 150 if it appears to the court that in the event of its exercising that power the mortgagor will by the working of the land for such period as the court determines to be reasonable, taking into account the . nature of the land and its use, crops, pasture or produce, or OAG otherwise, be likely to pay any sums due under the mortgage of n or to remedy a default consisting of a breach of any oth io isesr obligation arising under or by virtue of the mortgage wpeit rmhin a reasonable period. ut o (3) For the purposes of subsections (1) and (2), a w ci thourt may d treat as due under the mortgage on account obfu tethe principal sum secured and of interest on it only suc tri dhis amounts as the mortgagor would have expected to be redq ou r ired to pay if there had been no such provision for eardluie cer payment, where by the mortgage of the land or by a ro enpy agreement between the mortgagee under such a mortgea r b ge and the mortgagor, the mortgagor is entitled or is to m b aey permitted to pay the principal sum secured by instalmenotos k b or otherwise to defer payment of it in whole or in part t,h ibs ut provision is also made for earlier payment in the evernt ot f of any default by the mortgagor or of a demand by the m a o portgagee or otherwise. (4) The ecdo . uNrt’s discretion under this section may be exercised soenr v behalf of the same mortgagor with respect to the e same d r htesbt for not more than once. l ri g l [s. 139] A ia. Power of court n za 150.–(1) All proceedings instituted in court in relation to the in relation to an possession off T exercise by the mortgagee of powers to sell or enter in possession o mortgageendt land, of the mortgaged land shall be brought in accordance with and napmplication of Civeirl Procedure Act the provisions of the Civil Procedure Act, and tried by way of v G oCap. 33 summary proceedings. 25 Acts Nos. 0 2 of 2004 s. 6 (2) Notwithstanding any other provision of this Act an ©2 17 of 2008 s. 18 action for exercise of a power of sale or for possession of a 1 of 2013 s. 14 mortgaged property may be brought in the High Court. 691 THE LAND ACT [CAP. 113 R.E. 2023] (3) Notwithstanding any other provision of law, and except, any action on a customary mortgage under section 119, any action brought in a forum other than the High Court to contest, stay, suspend, terminate or seek relief from demand . for payment of a debt secured by a mortgage of real property, OAG or an action for possession of mortgaged property, or exercise of n of a power of sale under this Act shall be transferred to tihsse io High Court immediately upon commencement of an actpioe rnm in that forum on the same subject matter and consolidaoteu td with such action. ith d w (4) Upon commencement in the High Court oufteb an action for collection of a debt secured by a mortgage ofs trr i di eal property, or for possession of mortgaged property or e r d xoercise of a power of sale under this Act, an action on the sdaum cee subject matter shall not be entertained in any other foru rep rmo , but shall be referred to the High Court and consolidatede b with the action commenced therein. y m a (5) Without prejudice btoo ok subsection (1), the court- (a) may adjourn t i thes proceedings; or (b) on giving jurdt og fment, or making an order, for delivery of possessioon p aof the mortgaged land, or at any time before the exeed .c Nution of such judgment or order may- (i)s er vstay or suspend execution of the judgment; or re hts(ii) postpone the date for delivery of possession, for sriugll ch period or periods as the court thinks reasonable fo. rAia the payment of the sums due or for the remedying of the n nz a default: a of T Provided that, the period of suspension or postponement t en shall not exceed a period of six months from the date on which ern m an order of the courts is given. Gov (6) Any such adjournment, stay, suspension or 5 20 2 postponement as is referred to in subsection (5) may be © made subject to such conditions with regard to payment by the mortgagor of any sum secured by the mortgage or the remedying of any default as the court thinks fit: 692 THE LAND ACT [CAP. 113 R.E. 2023] Provided that, modifications to the interest rate or the maturity of the secured debts shall not be permitted without the consent of the mortgagee. (7) The court may- (a) at any time, upon motion of the mortgage, terminate AG. O any period of suspension or postponement under f n o subsection (5) upon a showing of change osfiois circumstances posing increased risk that the morpteg rmage will not be repaid, including and without limitoaut t ion to any failure by the mortgagor to meet the te wri tmh s of the d suspension or any waste or other deterbiuo teration to the value of the mortgaged property; and tri dis (b) from time to time vary or revoke and yo r condition imposed by virtue of subsection (6). ce du (8) A court shall not exercise ebpy ro virtue of section 149(3) the powers conferred by this se r bcetion unless it appears to the court not only that the mort y mg aagor is likely to be able within a reasonable period to pay ok baony amount regarded, in accordance with section 149(3) asth i bs eing due on account of the principal sum secured, togethrt eor f with the interest on those amounts, but also that the moro tpg aagor is likely to pay- (a) any fuedr .t Nher amounts that he would have expected to be reqseur vired to pay on account of that sum and of interest e htso rn it if there had been no such provision as is referred g ll r i to in section 149(3) for earlier payment; . Aia (b) any penalties and charges due under the mortgage za n n agreement; and Ta of (c) costs incurred by the mortgage on account of the t en default, including court cost and attorney’s fees. m ern (9) Where the mortgagee under a mortgage of land to which Gov neither subsection (1) nor subsection (2) of section 149 applies 02 5 2 brings an action in which he claims possession of the mortgaged © land, the court may exercise any of the powers conferred on it by subsection (7) of this section, if it appears to the court that, in the event of its exercising the power, the mortgagor will be able within the period of the next succeeding thirty days, to 693 THE LAND ACT [CAP. 113 R.E. 2023] pay any sums due under the mortgage or to remedy a default consisting of a breach of any other obligation arising under or by virtue of the mortgage. (10) The court may, on giving judgement, or making an . order, for delivery of possession of the mortgaged land, or at OAG any time before the execution of such judgement or order- of n (a) stay or suspend execution of the judgment; or io iss (b) postpone the date for delivery of possession, ermp on condition that the mortgagor shall within the poeur t iod of the next succeeding thirty days pay all sums due th w ui nder the d mortgage, including such as may further fall duueteb within such period, or remedy the default on the grounistd dris of which the mortgagee brought the action for possess r di o n of the mortgaged land. ce du (11) The provisions of this sectiopnroe shall apply to any action brought to suspend or stop sal ebe or f a mortgaged property by power of sale conferred und ay emr this Act. ok bo [s. 140] his t Powers of court 151.–(1) Where a m ofrt rtgage has been obtained- to reopen certain mortgages and (a) through of pr aaud, deceit or misrepresentation by the revise terms mortgda. g Nee; or Acts Nos. rve 2 of 2004 s. 6 (b) in sea manner or containing a provision which is 17 of 2008 s. 19 tsu rn e lawful, whether by virtue of this Act or otherwise; rig h or; . A ll ia (c) as a result of the exercise upon the mortgagor of undue za n influence by a third party in circumstances where the Tan f mortgagee had notice thereof, t o en application may be made to the court for the exercise of the m ern powers contained in section 152. v G o (2) Notwithstanding the provisions of subsection (1), upon 02 5 receipt from the mortgage applicant and any other third party ©2 having interest to the mortgage including any spouse identified by the mortgage applicant, of a signed and witnessed statement that they have understood and consented to the terms and conditions of the mortgage as their own free act and deed, a 694 THE LAND ACT [CAP. 113 R.E. 2023] mortgagee shall have satisfied obligations under subsection (1) and the mortgagee shall not be required to make further inquiry regarding such matters and a claim of undue influence shall not be permitted as a defence against enforcement of a . mortgage or exercise of a power of sale by or on behalf of any AG O person signing the document. of n (3) Notwithstanding the provisions of subsection (1is)s i,o upon compliance by the mortgagee with the requiremepnet rms of section 124(1) of this Act there shall arise a rebuttaboul te legal presumption that the mortgagee has not engage dw ithin fraud, d deceit or misrepresentation with respect tob ut tehe terms or conditions of the mortgage. i dis tr (4) An application under subsection ( r d1 )o may be made- (a) by the mortgagor; and e du c (b) if two or more persons are jopre iont mortgagors, by one or more of them on their owen r b behalf, save that in the case of an application on mth aye grounds set out in paragraph (c) of subsection b(o1 o)k, only the person alleging to have suffered from t is the undue influence may apply. (5) An applicatiortn o f under subsection (1) may be made- (a) at any tim peao before the mortgagor shall have obtained a discheadr . gNe of the mortgage; or (b) ons earn v application by the mortgagee to the court for an e htso rrder for possession or the execution of such an order. ll r ig [s. 141] . Aia Exercise of n za 152.–(1) Upon application under section 151, the court may- powers to reoTpae nn certain mortf gages (a) declare the mortgage to be void; and o Act No. t en (b) direct that the mortgage shall take effect subject to 2 of n2m004 s. 6 er modifications which the court shall order. v G o (2) The court shall not declare a mortgage to be void unless 02 5 it is satisfied that the circumstances justify it. ©2 (3) Where application is made on the grounds that the mortgage contains a provision which is unlawful, the court shall, to the greatest extent possible, uphold the mortgage with the omission of the unlawful provision. 695 THE LAND ACT [CAP. 113 R.E. 2023] (4) Where application is made on the grounds of the exercise of undue influence, and two or more persons are joint mortgagors, the court shall uphold the mortgage to the extent of the interest of the joint mortgagors upon whom undue . influence was not exercised. AG O [s. 142] of ion iss PART XI erm t p EASEMENTS AND ANALOGOUS RIGHTouS ith w Sub-Part I ute d ib General Provisions ist r or d Application of 153.–(1) This Part shall apply to all easemde ce nts made or coming this Part into force on or after the commencemu rodent of this Act. (2) Subsection (1) shall noet ,r e punless stated specifically otherwise, apply to easementsa,y bprofits, restrictive agreements and all other like restrictio m onk s on the use of land having effect in customary law only. bois (3) In this Part, ref fth o erence to “analogous rights” means an entry order made rt p uander section 180 and an access order made under section .1 N5 o8. rve d e [s. 143] s Nature of 154.–(1s) rt eSubject to the provisions of this Act or any other easement writl triegn h law applicable to the use of land, the rights capable of l biae. Aing created by an easement are- n za (a) any right to do something, over, under or upon the an f T servient land; nt o e (b) any right that something should not be so done; ern m (c) any right to require the occupier of servient land to do ov G something over, under or upon that land; or 250 (d) any right to graze stock on the servient land. ©2 (2) The rights capable of being created by an easement do not include- (a) any right to take and carry away anything from the servient land; or 696 THE LAND ACT [CAP. 113 R.E. 2023] (b) any right to the exclusive possession of any land or any part of it. (3) Except where an easement has been created for specific period of time which will terminate at a fixed date in the future . or on the happening of a specific event in the future or on the OAG death of the grantor, the grantee or some other person named in n o f the grant, an easement burdens the servient land and runs wiistsh io the land for the same period of time as the right of occup rm peancy or lease held by the grantor who created that easemento.u t (4) Subject to the provisions of this Part an easemith w ent shall d be capable of existing only during the subsisten te buce of the right of occupancy or lease out of which it was creattreidis d. d o r [s. 144] ceu Terminology 155.–(1) The land for the benefit porof d which any easement is created is in this Act referred to abes rtehe “dominant land” and the land of the person by whom many a easement is created referred to as “the servient land”. ok o (2) An easement is, hiisn b this Act, in relation to the dominant t land refered to as “rtb oe f nefiting that land” and is, in relation to the servient lando, pr aeferred to as “burdening that land”. (3) Subjectd .t No the provisions of this Part, an easement shall be capablee orvs fe existing only during the subsistence of the right of occup raets ncy or lease out of which they were created. rig h l [s. 145] l a. A ni nz a Sub-Part 2 f T a o Creation etc., of Easements and Analogous Rights nt Crerantmio en of 156.–(1) An occupier of land under a right of occupancy or a evaesement o lessor may, by an instrument in the prescribed form, grant an 5 G2 easement over the land comprised in the right of occupancy or ©20 lease or a part of any that land to the occupier under a right of occupancy or a lessee of other land for the benefit of that other land. (2) An occupier referred to in subsection (1) or any lessor transferring, assigning or leasing land or lease may in the transfer 697 THE LAND ACT [CAP. 113 R.E. 2023] assignment or lease, grant an easement for the benefit of the land transferred, assigned or leased over land retained by him or reserve an easement for the benefit of land retained by him. (3) An instrument creating an easement shall specify . clearly- OAG (a) the nature of the easement and any conditions n o f limitations, and restrictions subject to which it issiois granted; rm pe (b) the period of time for which it is granted; ut o (c) the land, or the particular part of it burde wniethd by the d easement; and te bu (d) the land benefited by the easement, ri dis t and shall, if so required by the Regisdt or ra r, include a plan sufficient to define the easement. e du c (4) Where a co-occupier, by aenp ryo disposition, severs any building or part of it or any l r baend separated by a common dividing wall or other struc y k m tua re, then, whether that wall or other structure is a partybo owall or other structure, there shall be implied in the dis ptho is sition cross-easements of support of the dividing wall or f rt oother structure in respect of the severed buildings or lando pa and the occupiers of the severed buildings or land and theird .e s Nuccessors in title shall be entitled to the benefit and subjecetr vs to the burdens of the cross-easements. e (5) hTh r ts ere shall be implied in every grant of an easement the granll rti g of all ancillary rights which may be reasonably necessary fiao. r A the full and effective enjoyment of it. an nz (6) A grant of an easement may contain an agreement f T a o between the occupiers of the dominant and servient lands t en binding either or both of them to pay for or contribute towards m ern the cost of constructing, maintaining or repairing any way, v G o wall, drain, or other installation or work forming the subject 25 20 matter of the easement. © (7) An easement and a right in the nature of an easement shall not be capable of being acquired by any presumption of a grant from long and uninterrupted user. 698 THE LAND ACT [CAP. 113 R.E. 2023] (8) This section shall not be taken to prevent the lawful use of a right of way for persons and for stock acquired and that right of way shall be deemed to be property. [s. 146] . AG Entry on 157.–(1) An occupier of any land, the dominant land, may apply of O neighbouring land where to a court on the prescribed form for an order, referred to as assni o n easement refused “entry order” authorising entry on or over any neighbouerrmin i g land, the servient land, for the purpose of erecting, reopu ta piring, adding to, painting or demolishing the whole or any ith d w part of any structure on the dominant land or doing any otuhteer necessary or desirable thing on that land. str ib i (2) The applicant shall give not less othr dan fourteen days’ notice in writing to- ed uc (a) the occupier of the servient d plarond; and (b) the local authority havingbe j urerisdiction in the area where the dominant and sermvai ye nt land are located, of the intention to apply foorko an entry order under this section. (3) On an applicationis bh under subsection (1), the court may, t after hearing the apploifc rt ant and the persons to whom notice was given under subs peao ction (2), make an entry order authorising the applicant t.o Nd do all or any of the following: (a) to senrvtee er on or over the servient land, either personally or re tst hrough the applicant’s employees, agents or contractors, h l ri g for any purpose specified in the entry order; Al ia. (b) to use for that purpose on or over the servient land, any za n vehicles and other means of transport and any plant, Tan f machinery, cranes or other equipment as are specified nt o e in the entry order; and ern m (c) to store on the servient land materials such required for ov G the purposes of the work and in any quantities which 250 are specified in the entry order. ©2 (4) In determining whether to make an entry order under subsection (3), the court shall have regard to- (a) the nature and conduct of the negotiations, if any, between the occupiers of the dominant and servient 699 THE LAND ACT [CAP. 113 R.E. 2023] land with respect to any attempt by the occupier of the dominant land to obtain an easement for the purposes for which the entry order is applied for from the occupier of the servient land; . (b) the urgency, importance and desirability of the work AG O for which the entry order is being applied; of n (c) the scope of the work and the length of the time fiossr io which the entry order is being applied; rm pe (d) whether the applicant has applied for or obtaiunt ed all permissions, licences and consents requiredit h o w from all d relevant public authorities to execute thbeu twe orks; and (e) any other matters which shall appeard it i sotr the court to be relevant. or d (5) An order made under subsecti ce doun (3) may be made on any conditions which the court shpre aoll think fit and without prejudice to the generality of th bies r provision, these conditions may include- ay m (a) the period of timeo ob dkuring which the entry on or over the servient lan is thd is authorised; (b) the hours orft ot fhe day or night during which the work may be do pnao e; (c) the pred.s N e ervation of the safety of persons or property on these sr vervient land; e (d)h tst hr e preservation, so far as is consistent with the work l ri g l to be executed, of the natural features and condition of A ia. the servient land; an nz (e) the restoration of the servient land to its former state at of Ta the conclusion of the work; t en (f) the maintenance of adequate access to the servient rnm land; ve G o (g) the provision of security or indemnity to secure- 02 5 2 (i) the performance of any conditions of the entry © order; 700 THE LAND ACT [CAP. 113 R.E. 2023] (ii) the making good of any damage caused by entry on or over the servient land, or work on or over the land; or (iii) the reimbursement of the occupier of the servient . land for any costs, expenses or fees arising from G OA the entry; and f n o (h) any other relevant matter. iss io (6) Where, as a result of fire, civil commotion or naetrump ral disaster, a structure on the dominant land has becomeo au t threat to public safety or public health, so that there is an u th wrigent need d to effect repairs to or demolish that structure abnu tde such action may only be executed by entry on or over tshtr i di e servient land, the occupier of the dominant land mady ,o ro n giving not less than twenty four hours’ notice in wrdiut cieng to the occupier of the servient land, enter the servienetp rloand and effect the repairs or demolition but the entry and b ee rxecution of works shall not prevent the occupier of the m asyervient land from applying to court for an order requiribn k ogo the occupier of the dominant land to make good any damaisg th e caused by the entry and works and to reimburse the orct co fupier of the servient land for any costs, expenses or fees oa pr aising from the entry and works. (7) In this s.e Ned ction- (a) ans oerc vcupier of land shall be taken to include an occupier e htsu rnder a right of occupancy, a lessor and lessee; and (b ri)gll neighboring land means any land in respect of which a. A i an order is sought under this section, whether or not it n nz a adjoins the land occupied by the applicant for an entry f T a o order. nt e [s. 147] m ve rn o GAccess to 158.–(1) An occupier of landlocked land may apply in the 25 landlocked land 0 prescribed form to a court for an order, referred to as an “access ©2 order”, granting reasonable access to that land. (2) A copy of the application shall be served on- (a) the occupiers of each piece of land adjoining the landlocked land; 701 THE LAND ACT [CAP. 113 R.E. 2023] (b) any person claiming an interest in any such piece of land of whom the applicant has actual notice; (c) the local authority having jurisdiction in the area where the landlocked land is located; and . (d) such other persons occupying or having an interest in G OA land which in the opinion of the court may be affected n o f by the granting of the application. iss io (3) The court may, after hearing the applicant r p e amnd any person served with an application under sub t ousection (2), make an access order in respect of any oth th ewri piece of land, the occupier of which was served with uate d b copy of the application under subsection (2), for thdies t ribenefit of the landlocked land. r d o (4) In considering whether to granctedu an access order, the court shall have regard to- proe (a) the nature and quality boe fr the access, if any, to the landlocked land whe nm a tyhe applicant first occupied the land; ok bo (b) the circumstan c s thei s in which the land became landlocked; (c) the nature rat on fd conduct of the negotiations, if any, between t hpae occupiers of the landlocked land and any adjoini.n N o ed g or other land with respect to any attempt bys etrh ve occupier of the landlocked land to obtain an se r e ht asement from one or more occupiers of the adjoining l ri g or other land; . A l ia (d) the hardship that may be caused to the applicant by n nz a the refusal of the access order, in comparison to the a of T hardship that may be caused to any other person by the nt e making of the order, ern m (e) the purposes for which access is or may be required; ov G and 5 20 2 (f) any other matters which appear to the court to be © relevant. 702 THE LAND ACT [CAP. 113 R.E. 2023] (5) An access order may be made subject to any conditions which the court may think fit and without prejudice to the generality of this provision, such conditions may include- (a) the period for which the access order is to be made; . (b) the payment of reasonable compensation by the G OA applicant to any other person; f n o (c) the allocation of the costs of any work necessary to giivsse io effect to the order between the applicant and any rm poether person; t ou (d) the fencing of any land and upkeep and main it wte hnance of d any such fence; uteb (e) the upkeep and maintenance of anyd i isltrand over which the access order has been granted; or d (f) the execution of any instrumenucted or the completion of any prescribed form or thep re do oing of any other thing necessary to give effect t oe t rb he order; (g) any conditions set ay omut in section 157(5) which in the opinion of thbeo o kcourt are applicable to an access order; and th is (h) any other rel eovfrt ant matter. (6) An access oo pr ader made under this section shall be deemed to have all theed c . Nharacteristics and incidents of an easement and the land oveervs r which it has been granted shall be deemed to be e the sehrtvs irent land and landlocked land shall be deemed to be the lld rio g minant land in respect of that easement. ia. A [s. 148] an nz Enjoyment of fT a 159.–(1) The benefit of an easement, and an analogous right easemenntt a ond analogoeus rights granted under this Part shall, during the term of its existence, ern m be enjoyed by the occupier of the dominant land and his ov G successors in title and by- 5 02 (a) any lessee of the dominant land, or so far as the nature ©2 of the easement or analogous right, permit any part of it; and 703 THE LAND ACT [CAP. 113 R.E. 2023] (b) any lender on the security of a mortgage for the time being in possession of the dominant land, or so far as the nature of the easement or analogous right permit, any part of it. . (2) A person referred to under paragraphs (a) and (b) of OAG subsection (1) who is by this section entitled to the benefit of n of an easement or analogous right may take in his own namseiois any proceedings necessary to enforce that easement or rm ptehose analogous rights. ou t ith w [s. 149] d ute Cancellation and 160.–(1) Subject to subsection (3), any eatsris ebment granted extinguishment i of easements and under this Part or any analogous right creart d o ed under this Part analogous rights may be cancelled by the person occupyienduc g the dominant land under a right of occupancy. pro d (2) A cancellation referred to r ebe in subsection (1) shall be effected by the prescribed for y mma and the easement or analogous right shall be extinguishoeod k on the date that, that form is recorded in the registerh. b t is (3) On the applritc oa f tion of any person occupying servient land under a rigo hp at of occupancy, the Registrar may cancel an easementd .o Nr an analogous right where he is satisfied that- rve se (a) re tst he period of time for which the easement or analogous ighl r right was intended to subsist has expired; or Al ia. (b) the event upon which the easement or analogous right n za intended to terminate has occurred. n f T a (4) The consent of any lessee or lender for the time being nt o e entitled to the benefit of any easement or analogous right shall m ern be necessary for any cancellation of any such easements or v G o rights and such consent shall be signified in the prescribed 5 02 form. ©2 [s. 150] 704 THE LAND ACT [CAP. 113 R.E. 2023] Sub-Part 3 Public Rights of Way Power of Minister 161.–(1) The Minister may, subject to and in accordance with to create public rights of way sections 162 and 163 create rights of way which shall be known . AG as public rights of way. f O o (2) A public right of way may be- n sio (a) a right of way created for the benefit of the Governm is eremnt, a local authority, a public authority or any courtp porate o body to enable all such organisations, authwoitr hities and bodies to carry out its functions, referred d u teto in this Act as a wayleave; or ib dis tr (b) a right of way created for the be onr efit of the public, referred to in this Act as a comumceu dnal right of way. (3) A public right of way shall aptrot dach to and run with the servient land in respect of which r be it e has been created and shall be binding on all occupiers fraoym time to time of the servient m land, any manner they are k o o ccupying the land, whether under a right of occupancy oisr bh a derivative right thereof, or under customary law or as f t t ao successor in title to any such occupier or aras a trespasser. o p (4) A waylde. a Nve shall authorise persons in the employment of or whose ra vere acting as agents of or contractors for any of the orgsa r e t nisations, authorities and bodies to enter on the servl iriegn h t land for the purpose of executing works, building an. Aa dl maintaining installations and structures and insetting all i za nsuch works, installations and structures on the servient land n f T a and to pass and repass along that way leave in connection with t o en purposes of those organisations, authorities or bodies. rnm (5) A communal right of way created for the benefit of the ve Go public shall entitle the public to pass and repass along that right 02 5 of way and in areas designated for that purpose, to undertake ©2 recreational activities of the kind permitted in that designated area. [s. 151] 705 THE LAND ACT [CAP. 113 R.E. 2023] Application for 162.–(1) Except where the Commissioner is proposing of his wayleave own motion to create a wayleave, an application from any ministry or department of Government, or local authority or public authority or corporate body shall be made to the . Commissioner. G OA (2) An application shall be made on the prescribed form n o f and shall be accompanied by any information which may ibsse io prescribed or which the Commissioner may, in writing, reqerump ire the applicant to supply and the Commissioner shall n t oout begin the process of creating a wayleave until all informa wtii tohn which d is prescribed or required is submitted to him. uteb (3) In order to enable a proposed wayleavtridis e to be created by the Commissioner of his own motion r d oto comply with the provisions of this section, the Commdui csesioner shall complete an application form as if he were approe lying to create a wayleave and reference to “the applicant” b ien r this Sub-Part in relation to an application to create a w a amylyeave shall be taken to apply to the Commissioner as welbl k o.o (4) The applicant sh tha isl l serve a notice on- (a) all persons ort coc f upying land under a right of occupancy over whioc ph a the proposed way leave is to be created includdi. N rve ng persons occupying land in accordance with cussetomary pastoral rights; e (b) htsa rll local government authorities in whose area of ig ll r jurisdiction land over which the proposed wayleave is A ia. to be created is located; an nz (c) all persons in actual occupation of land in an urban Ta of and peri-urban area over which the proposed wayleave t en is to be created; and rnme (d) any other interested person. ov G (5) The Commissioner shall give publicity to the application 5 20 2 along the route of the proposed wayleave calculated to bring © the application clearly and in a comprehensible manner to the notice of all persons using land over which the proposed wayleave is likely to be created. [s. 152] 706 THE LAND ACT [CAP. 113 R.E. 2023] Application for 163.–(1) A local government authority, an association, or any communal right of way group of persons with an interest in the environment or land may apply to the Commissioner for the creation of a communal right of way. . (2) An application made under subsection (1) may include AG O an application to recognise and convert a right of way under f n o customary law to which section 156(7) applies to a communsasil o right of way created under this section. erm i p (3) The provisions of section 162(2), (4) and ( t o5u) shall apply to an application by a local government au wtih thority for d the creation of a communal right of way as thbeu tye apply to an application to create a wayleave under that sde ri isct tion. (4) The Commissioner may, of his owdn o rm otion where he is of the opinion that it is expedient or dedsu cireable that a communal right of way be created, initiate theep rpo rocedures referred to in subsection (2). e r y b m a [s. 153] k oo Determination on 164.–(1) The Commiss b hisoner shall- creation of public t right of way (a) on receipt ofo f rt all information prescribed or required under seco tpi aons 162 and 163; and (b) after n N d.o t less than ninety days from the date of the serverivs neg of notices under section 162(3) or section re ts1 63(2), conls rigd her all the information so received and all representations Al aian. d objections made by any person served with a notice under za nthe aforesaid subsections and recommend to the Minister an f T whether to- nt o e (i) appoint an inquiry under section 18 to give rnme further consideration to the representations and ov objections; 25 G 0 (ii) refer the application to the local authority for its ©2 opinion on whether to approve the application; or (iii) initiate and facilitate negotiations between those persons who have made representations on the application and the applicant with a view to reaching a consensus on the application. 707 THE LAND ACT [CAP. 113 R.E. 2023] (2) Where the Commissioner has of his own motion proposed the creation of a public right of way and representations have been made on that proposal which are concerned with the matters other than the compensation . payable for the use of the land for that public right of way, the OAG Commissioner shall recommend to the Minister only that the of n Minister exercise powers under subparagraphs (i) or (ii) isosf io subsection (1). rm pe (3) The Minister shall, after taking account, as the caust o e may be, of- ith d w (a) the recommendations of the Commissiounteb er; (b) the report of an inquiry appointed udnisd trei r section 18; (c) the advice of the local authority; oror d (d) the outcome of any negotdia cteu ions initiated under subparagraph (iii) of subsecptiroe on (1), determine whether to create or bree rfuse to create a public right of way. may (4) The Minister may, boob yk order, create a public right of way under this section subjeisc th t to any amendments, limitations and conditions, includinrt go f conditions of costs of constructing and maintaining a puo bp alic right of way as he shall think fit. (5) Whereed . aNn agreement has been reached between the parties tos er vany negotiations initiated under subparagraph e (iii) ofh tss rubsection (1), the Minister shall, if he is minded to crea ig ll tre a public right of way but not to accept any amendment, l A iaim. itation or condition of that agreement, refer the matter back za n n to the parties for their reconsideration and take no decision on of Ta the creation of that right of way until not less than thirty days nt e have elapsed from the date of the referral of the matter back ern m to the parties or the parties have resubmitted their agreement, v G o with or without amendments, to the Minister whichever is the 25 20 shorter period. © (6) The order of the Minister to create a public right of way shall- (a) delineate the route of that public right of way; (b) be published in the Gazette; 708 THE LAND ACT [CAP. 113 R.E. 2023] (c) be notified to all local government authorities having jurisdiction along the route of the public right of way; (d) be publicised in any manner which is calculated to bring it to the attention of people occupying and using . land along the route of the public right of way; and OAG (e) come into force thirty days after it has been published f n o in the Gazette. io iss (7) A person who made any representations or objec rm petions to an application to create a public right of way mayo,u tw ithin six weeks of the order being made, appeal to the Hwi itgh h Court d on a point of law against an order made by the Muteb inister under this section, but apart from such an appea i dlis, tran order of the Minister shall not be questioned by wayd orf judicial review or otherwise in any court. ce rod u ep [s. 154] r be Powers of 165.–(1) Where the Ministmera y has made an order to create Registrar with respect to public a public right of way, thoe o kCommissioner shall cause to be right of way delivered to the Registras rbhi all the necessary documents, plans, t demarcations and srtu or f veys of the route of that public right of way to enable thoe p aRegistrar to exercise his powers under this section. N d. (2) Ons rre vcee eipt of the information referred to in subsection (1), thets Rr eegistrar shall, after the expiry of the time allowed in secti h l roign 164(7) to appeal against the order of the Minister, take l aan. A i y action which he may consider necessary and desirable or za nwhich may be prescribed- an f T (a) to cause to be recorded, using such forms as may be t o en prescribed, the route of the public right of way on any ern m certificate of occupancy or other document of title ov G held in any office of the land registry having reference 02 5 to land over which the public right of way has been ©2 created; and (b) to cause to be delivered to him all certificates of occupancy having reference to land over which the public right of way has been created and held by- 709 THE LAND ACT [CAP. 113 R.E. 2023] (i) persons occupying such land under such right of occupancy; or (ii) any lender of money secured by a mortgage or lien who is holding that certificate of occupancy . as part of the security for that loan, OAG so as to amend that certificate of occupancy by recording f n o the route of the public right of way on that certificate isosf io occupancy. pe rm ou[ ts . 155] ith w Compensation in 166.–(1) Subject to the provisions of this section, ucteo dmpensation respect of public right of way shall be payable to any person for the use of laisntrd ib, of which he is in lawful or actual occupation, as a commu onr adl right of way and, with respect to a wayleave, in additiounce dto any compensation for the use of land for any damage s d puroffered in respect of trees, crops and buildings as a result ofb eth ree creation of such wayleave. (2) Reference to damage caym u sed as a result of the creation of a wayleave shall inclu k odo e any damage caused as a result of any preliminary w b hoisrk undertaken in connection with t surveying or determrt oi fn ing the route of that wayleave, whether the trees, crops a o opr buildings so damaged were included in the route of tdh. Ne wayleave as delineated in the order of the Minister. rve se (3) The ts re duty to pay compensation payable under this section shall lr igl hie with the Government department or the Ministry, l lao. A i cal or public authority or corporate body which applied for n za the public right of way and that duty shall be complied with an f T promptly. nt o e (4) Where the person entitled to compensation under this rnme section and the body under a duty to pay that compensation are ov G unable to agree on the amount or method of payment of that 250 compensation or where the person entitled to compensation ©2 is dissatisfied with the time taken by the body under a duty to pay that compensation to make, negotiate or process an offer of compensation, that person may apply to the High Court to determine the amount and method of payment of 710 THE LAND ACT [CAP. 113 R.E. 2023] compensation and the High Court may in making any award, make an award for any additional costs and inconvenience incurred by the person entitled to compensation through the dilatory or other unsatisfactory procedures of that public . authority. G OA [s. 156] n o f iss io Sub-Part 4 pe rm t Powers of Court outh d w i Power of court 167. A Court may, in determining any questioten or dispute to enforce concerning the existence or effect of an etraib u easements and is sement or an analogous rights analogous right or a public right of way, m oar kde an order on any conditions which it thinks fit on all ocreu dany of the following matters: pro d (a) the existence of an easemee nr et or an analogous right or a b public right of way; ay (b) the enforceability ofo k m o an easement, whether the existence of easement is chirs ebated under this Act or otherwise, or an analogous rf itt o ght or a public right of way by or against any perso npao ;r (c) the ex N dt.e nt of the use of the easement, analogous right or peruv eblic right of way and whether that use exceeds res tsw hat is reasonable or is permitted under the terms h l ri g of the grant of the easement or the terms of the order Al a. creating, the analogous right or public right of way; ni za (d) the question whether any work is required to be done Tan f under the terms of an easement, analogous right or o en t public right of way; and, if so, the nature and extent of rnm the work required to be undertaken; ve Go (e) the reasonable and proper cost of any such work as is 5 02 required to be undertaken; ©2 (f) the person or persons by whom the costs of any such work is to be borne and if the cost is to be shared between two or more persons, the shares to be borne by each such person; 711 THE LAND ACT [CAP. 113 R.E. 2023] (g) the date by which and the manner in which any such work is to be undertaken; (h) the entry on to any land, whether or not it is land over which an easement, analogous right or public right . of way has been created, for the purpose of doing the OAG work and the use over or on that land of any vehicles, of n plant, machinery and installations for the purpose osfiois carrying out that work; and ermp (i) any other matter arising in relation to queosut ti on or dispute about an easement, analogous right itoh w r public d right of way. te trib u dis [s. 157] or Power of court 168.–(1) This section applies to everyce deasement, analogous to modify or u extinguish right, restrictive covenant or agreermodp ent whensoever and in easements and any manner created including eea rb seements, profits, restrictive analogous rights agreements and other similamr aryights created under customary law. k oo (2) The court may, bhyis border, on the application of- t (a) the Commiss oif rt oner; or (b) any persoo pn a having an interest in land benefited or burdend.e Nd by one or more of the rights or restrictions refseerr vreed to in subsection (1), make atns r eorder modifying or extinguishing in whole or in part the gh lr ri ght or restriction in respect of which the application has l b A iae. en made on any of the grounds set out in subsection (3). anz (3) The grounds on which the court may make any order Tan referred to in subsection (2) are that- nt of e (a) by reason of any change since the creation of the right m ern or restriction referred to in subsection (1) in- ov G (i) the nature or the extent of the use being made of 02 5 the benefited or burdened land; ©2 (ii) the character of the neighbourhood or of the benefited or burdened land; or (iii) any other circumstance that the court considers relevant, 712 THE LAND ACT [CAP. 113 R.E. 2023] the aforesaid right or restriction ought to be modified or wholly or partly extinguished; (b) the continuation of the right or restriction in its existing form impedes or would impede the reasonable user of . the land for public or private purposes and does not OAG secure to those persons entitled to the benefit of that n o f right or restriction and practical benefits of substantiias ilos value or advantage to them; pe rm (c) the development and use of land in accordanceo uw t ith- (i) any development conditions containeit w dh in the d certificate of occupancy; te bu (ii) any proposals for or restrictio ri disn t s development contained in general planndin og r scheme, detailed scheme or general deveuced lopment order made or approved under anpdroe in accordance with the Cap. 355 provisions of the bUe rrban Planning Act or any development pla a mn ymade and approved under any law replacingb ot ohkat written law; (iii) any land u ths ise plan made by a village under section Cap. 114 8 of the oVfrt illage Land Act; or (iv) the a og peneral pattern of the development and use o N edf . land in the area of the benefited and burdened ervs land, e makesh tsi tr necessary and desirable that the aforesaid right or moldl rii gfied restriction be or wholly or partly extinguished; A ia. (d) every person entitled to the benefit of the right or an nz restriction- of Ta (i) has agreed that the right or restriction should be en t modified or wholly or partly extinguished; or ern m (ii) may reasonably be considered by his acts or Gov omissions to have abandoned or waived the right 02 5 2 to the aforesaid right or restriction; © (e) the proposed modification or extinguishment in whole or in part will not substantially disadvantage any person entitled to the benefit of the right or restriction; or 713 THE LAND ACT [CAP. 113 R.E. 2023] (f) in so far as any person is disadvantaged by a proposed modification or extinguishment in whole or in part, the payment of compensation will be an adequate substitute for the modification or loss in whole or, in . part of that right or restriction. OAG (4) An application under this section, shall be served on- n o f (a) the local government authority having jurisdiction isniois the area where the land the subject of the applicatieormp n is situate; and ou t (b) any other persons whom the court may dire wcit th. d (5) The court may award any compenbsua tetion to any persons referred to in paragraph (f) of dsius trbi section (3) as it considers just and reasonable andd ot rh at compensation shall be payable by the person applydiun ceg to the court for the modification or extinguishment inpre owhole or in part of that right or restriction. be r (6) The court may exerc ay mise any of the powers conferred upon a court by section 1oob 6k7 in order to arrive at a decision under and in accordan s thc ie with this section. (7) Where any p roofrt ceedings are commenced in any court under section 16o 7p a to enforce an easement or analogous right or public right. oNed f way, the party against whom the proceedings have beens etra vken may in those proceedings apply to the court e for an osr drht er giving leave to apply to the court under this section and ig ll rstaying those proceeding in the meantime, and the court m A ia.ay grant that application. n nz a (8) An order made under this section shall be binding on f T a o all persons entitled or thereafter becoming entitled to benefit nt e from the right or restriction thereby modified or extinguished, ern m in whole or in part, whether those persons were parties to v G o the proceedings or not or were served with a notice of the 02 5 2 proceedings or not. © (9) The court shall cause to be delivered to the Registrar a copy of the order made under this section and the Registrar shall have in relation to that order all the powers that are 714 THE LAND ACT [CAP. 113 R.E. 2023] conferred on him by section 165(2) in relation to an order creating a public right of way, modified in any way which the Registrar shall consider necessary to enable him to record the modification or, as the case may be, the extinguishment in . whole or in part of any right or restriction recorded on the OAG certificate of occupancy or other document of title held by the n o f land registry or by any person holding the land the subject isosf io the application under a right of occupancy. erm t p tho u[s. 158] wi PART XII ute d rib CO-OCCUPANCY AND PAR ist rT d ITION ed o Meaning and 169.–(1) In this Act, co-occupancy umcd eans the occupation incidents of co- o occupancy of land held for a right of occup r reapncy or a lease by two or more undivided shares and ma e y yb be either joint occupancy or occupancy in common. ma k (2) Where, subject to t bhoe o provisions of this Act, two or more persons not forming s fa tnh i association of persons under this Act or any other law wahrt ioch specifies the nature and content of the rights of the p Neor psons forming that association occupy land together undeed . v r a right specified by this section, they may be either joi er renst occupiers or occupiers in common. (3) Ats h n instrument made in favour of two or more persons g anAdll rtihe registration giving effect to it shall show- . nia (a) whether those persons are joint occupiers or occupiers nz a a in common; and f T t o (b) where they are occupiers in common, the share of each enm occupier. rn ve (4) Where the land is occupied jointly under a right of o 5 G occupancy or lease, no occupier is entitled to any separate 20 2 © share in the land and, consequently- (a) dispositions may be made only by all the joint occupiers; (b) on the death of a joint occupier, his interest shall vest in the surviving occupier or occupiers jointly; 715 THE LAND ACT [CAP. 113 R.E. 2023] (c) a joint occupier may transfer his interest inter vivos to all the other occupiers but to no other person, and any attempt to so transfer his interest to any other person shall be void. . (5) Where any land, lease or mortgage is occupied in OAG common, each occupier shall be entitled to an undivided share of n in the whole, and on the death of an occupier, his share shall io ibsse treated as part of his estate. ermp (6) An occupier in common shall not deal with his unudt o ivided share in favour of any person other than another owcithcupier in d common, except with the consent in writing obur t ein any other manner which signifies clearly that the conseisntr i d t is given freely and without undue pressure, of the remda ion r ing occupiers, but such consent shall not be unreasonabdlyu c we ithheld. (7) Joint occupiers, not beinge pt rorustees, may execute an instrument in the prescribed fo brem r signifying that they agree to sever the joining occupa y k m nacy and the severance shall be complete by registration ionob the prescribed register of the joint occupiers and occupie s trhs i common. (8) On and after rt ho fe commencement of this Act, and except with leave of a c opao urt, the only joint occupancy that shall be capable of bedi.n N e g created shall be between spouses, and any joint occusepr vancy other than that between spouses which is e purpohrttse rd to be created without the leave of a court shall take effelcl rti g as an occupancy in common. ia. A [s. 159] an nz Certificate off T a 170.–(1) Each co-occupier of a right of occupancy shall be occupancty o of co-occuepniers entitled to receive a copy of the certificate of title of that right ern m of occupancy. ov G (2) The Registrar shall, on application by a co-occupier in the 02 5 prescribed form, issue a copy of the certificate of occupancy to ©2 that co-occupier, with an endorsement signed by the Registrar that the copy has been issued to the co-occupier named in the endorsement. 716 THE LAND ACT [CAP. 113 R.E. 2023] (3) The Registrar shall make a note in the register of the issue of the copy of the certificate of occupancy, showing the date of the issue of the copy and the co-occupier in whose name the copy has been issued. . (4) An occupier in common who has obtained a copy of OAG the certificate of occupancy may, subject to the provisions of n o f section 169(5), use that copy only for the executing a transf io isesr or creating a mortgage or a lien in respect of the undipvei rdmed share of that occupier in common and that copy shall, ofuo t r such purposes, be deemed to be a certificate of occupancyw i ithn respect d of that undivided share. te bu (5) Where a copy of a certificate of occupanisctrd yi is submitted to the Registrar in connection with any tran r ds ofer of the undivided share in respect of which it has been isdus cueed, the Registrar shall retain that copy and after compleetpi roo n of the transfer of the undivided share, shall destroy the ar b t copy and note the fact of that destruction in the regist y emra. oo k b [s. 160] his t Co-occupancy 171.–(1) Where ar t os f pouse obtains land under a right of and other relationships occupancy for toh pe a co-occupation and use of both spouses, between spouses or where therde. Nis more than one wife, all spouses, there shall be a presusmer vpe tion that, unless a provision in the certificate of occupa re tns cy or certificate of customary occupancy clearly states thatl roign h e spouse is taking the right of occupancy in his or her l niaa. Ame only or that the spouses are taking the land as occupiers n za in common, the spouses will hold the land as occupiers in an f T common and, unless the presumption is rebutted in the t o en manner stated in this subsection, the Registrar shall register m ern the spouses as occupiers in common. ov G (2) Where land held for a right of occupancy is held in 02 5 the name of one spouse only but the other spouse or spouses ©2 contribute by their labour to the productivity, upkeep and improvement of the land, that spouse or those spouses shall be deemed by virtue of that labour to have acquired an interest in 717 THE LAND ACT [CAP. 113 R.E. 2023] that land in the nature of an occupancy in common of that land with the spouse in whose name the certificate of occupancy or customary certificate of occupancy has been registered. (3) Where a spouse who holds land or a dwelling house for . a right of occupancy in his or her name alone undertakes a G OA disposition of that land or dwelling house, then- f n o (a) where that disposition is a mortgage, the lender shiassl ilo be under a duty to make inquiries if the borrowe r per mhas or, as the case may be, have consented to that mouo t rtgage in accordance with the provisions of sectio ith d nw 59 of the Cap. 29 Law of Marriage Act; and bu te (b) where that disposition assignment ord ias t rtiransfer of land, the assignee or transferee shall be du on r der a duty to make inquiries of the assignor or tranuscd feeror as to whether the spouse or spouses have conpsroe ented to that assignment Cap. 29 or transfer in accordanc eb ew r ith section 59 of the Law of Marriage Act, y m a and where the aforesaid bso opkouse undertaking the disposition deliberately misleads thhis t e lender or, as the case may be, the assignee or transferrte oe f as to the answers to the inquiries made in accordance wo ipt ah paragraphs (a) and (b), the disposition shall be voideadb . Nle at the option of the spouse or spouses who have not csoern v sented to the disposition. re hts [s. 161] ig All r Partition 1ia7. 2.–(1) An application in the prescribed form to the Registrar n za for the partition of land occupied in common may be made by an f T any one or more of the occupiers in common with the consent o en t of all the occupiers in common and subject to the provisions of rnme this Act and of any other written law applying to or requiring v G o consent to a subdivision of land and of any covenants or 02 5 conditions in a certificate of a right of occupancy, the Registrar ©2 shall effect the partition of the land in accordance with the agreement of the occupiers in common. 718 THE LAND ACT [CAP. 113 R.E. 2023] (2) An application in the prescribed form to the Registrar for an order for a partition of land occupied in common may be made by- (a) any one or more of the occupiers in common without . the consent of all the occupiers in common; or OAG (b) any person in whose favour an order has been made for n o f the sale of an undivided share in the land in executio io issn of a decree. pe rm (3) The Registrar may, after hearing the applicant oaun t d any of the other occupiers in common who wish to appeit w ahr and be d heard, make an order for a partition of land havbuin teg regard to- (a) whether the provisions of this Act, andyis o trither written law regulating the subdivision of lan r dd o and any covenants and conditions in a right of oduc cceupancy have been or will be complied with if the ro e p artition is effected; (b) the nature and location o r bfe the land; (c) the number of occupieary m s in common and the extent of their shares in parbtoi ockular, the extent of the share of any occupier in comis th mon by whom or on whose behalf the application rht oa fs been made; (d) the value poao f any contribution made by any occupier in coemd . mN on to the cost of improvements to or the maienrvs tenance of the land or buildings occupied in tsc r e h ommon; (lle ri) g where the occupiers in common are spouses or those A ia. occupiers in common who do not agree to the partition n nz a are dependants of or related to those occupiers in Ta of common whether the interests of those occupiers in nt e common who have not agreed to the partition will be or ern m have been adequately provided for as a consequence of or v G o after the partition is effected, and in particular, a spouse 02 5 2 or dependents of the occupier in common applying for © partition not be rendered homeless by such partition; (f) in respect of an application made by a person referred to in paragraph (b) of subsection (2), whether the interests of the spouse or any dependants of the occupier in common whose share is to be sold in execution of a 719 THE LAND ACT [CAP. 113 R.E. 2023] judgement decree, will be adequately catered for and in particular, any spouse or dependants will not be rendered homeless by the sale; (g) where the occupiers in common are pastoralists, . whether those occupiers in common who have not AG O agreed to the partition will, after the partition, still n o f retain grazing rights, including grazing rights creat io iessd by an easement in the partitioned land, to suffipec riment land of the quality and nature and in the luot o cation customarily used by those pastoralists; with d (h) the proper development and use of the lanbud te and whether it may be adversely affected by the pardt ri isittion applied for; (i) the hardship that would be caused d o rto the applicant or applicants by a refusal of an o ce druder in comparison with hardship that would be cauespe rod to any other person by the making of the order; baen r d (j) any other matters thamt a tyhe Registrar considers relevant, and may make that ordboe ork subject to such limitations and conditions, includingh is t conditions as to the payment of compensation to th oofrt se occupiers in common who have not agreed to the pao rpt aition by those occupiers in common who have appliede f N do. r the partition and how the expenses and costs of the parsteitr vion are to be borne, as the Registrar considers just e and reas orht nable. Cap. 334 (ll4 ri) g The provisions of section 102 of the Land Registration A.c Aia t, shall apply to any decision given by the Registrar under n nz a this section. Ta of [s. 162] t men Anecrnillary power 173.–(1) Where the land sought to be partitioned is capable of oovf Registrar in Gconnection with partition generally, and the occupiers in common have reached 5 02 partition an agreement on the partition, but the resultant share of any ©2 particular occupier would be less in area than the minimum prescribed by any law either generally or for the development or use of the land which that particular proprietor intends to undertake on that land, the occupiers in common shall endeavour to reach a compromise on the matter, with or 720 THE LAND ACT [CAP. 113 R.E. 2023] without the aid of mediation, and any party dissatisfied with that compromise or otherwise may refer that partition to the Registrar who shall- (a) add that share to the share of any other occupier in . common; or G OA (b) distribute that share amongst two or more other of occupiers in common in any proportion which, isnio n is default of agreement, he shall think just and reasonearmp ble, and cause the value of the share added or distrib t ou ted to be assessed and order that there be paid to the o wci tchupier in d common of that share by each occupier in combum te on who has received an addition to his share, the value tri doisf that addition. (2) Where any sum is payable undde or r the provisions of subsection (1), the Registrar may odrud ceer that, that sum be secured by way of a mortgage on tehp reo share of the occupier or occupiers in common liable to p r baey that sum. (3) For the avoidance of d omuaybt, it is hereby provided that the provisions of sections 38 toob 4k 2 of this Act apply to any partition agreed to by all the occ s thu i piers in common. Cap. 334 (4) The provisionrts o o f f section 102 of the Land Registration Act apply to any decios ipo an given by the Registrar under this section. d. N e [s. 163] se rv Sale of co- 174.–(1) r ets Where for any reason the land sought to be partitioned occupied land is in gh l criapable of partition, or the partition would adversely affect l tiah. e A proper use of the land, and the applicant for partition or anz one or more of the other occupiers in common require that the an f T land be sold, then if the occupiers in common cannot agree on nt o e the terms and conditions of the sale or the application of the rnme proceeds of the sale, an application may be made to the court ov G for an order for sale and the court may- 02 5 (a) cause a valuation of the land and of the shares of the ©2 occupiers in common to be made; and (b) order the sale of the land or the separation and sale of the shares of the occupiers in common by public auction or any other means which appears to the court to be suitable; or 721 THE LAND ACT [CAP. 113 R.E. 2023] (c) make any other order to dispose of the application which the court considers fair and reasonable, and in exercising its powers under paragraphs (b) and (c), the court shall have regard to any of the matters set out in . paragraphs (a) to (f) of subsection (3) of section 168 which OAG seems to it to be relevant in the circumstances. n o f (2) An occupier in common shall be entitled to purchase thseiois land or any share in it so offered for sale, either at an auctipoe rnm or at any time by private sale. ut ith o w [s. 164] d ute Partition subject 175.–(1) Where any undivided share in land r ihste ibld for a right of to mortgage occupancy or for a lease by occupiers in comr d o mon is subject to a mortgage, partition of that right of occuucpea dncy or lease shall not be entertained by or accepted for regroidp stration by the Registrar unless the consent in writing ofb et hree lender is produced to the Registrar. y ma (2) Where a partition roeof ke rred to in this section takes place with the consent of thheis blender, the land appropriated to the t borrower shall be de oefrt m ed to be subject to the mortgage for all purposes as if it hpao ad originally been comprised in it and the land appropri N da. ted to the other occupiers in common shall be released frsoerm ve the mortgage. s r e t [s. 165] h rig Reorganisation 17. A6 ll.–(1) A group of persons occupying land under a scheme or winding-up nia of Land Sharing za of co-occupancy under section 58 of the Village Land Act, Arrangement an T may apply to the court for that scheme to be reorganised or Cap. 114 nt of wound-up. me rn (2) An application for reorganisation may include- veo (a) a partition of the shares of land occupied under scheme 25 G 0 by groups of persons; ©2 (b) a redivision of the areas of land occupied by each group of persons occupying land under a scheme; (c) a modification or extension of any easement created as a part of a scheme; 722 THE LAND ACT [CAP. 113 R.E. 2023] (d) an alternation of the periods of time when any land to which the scheme applies may be occupied or used by any group of persons occupying land under a scheme, either exclusively or in common with any other group . of persons so occupying that land; AG O (e) an alteration of the purposes for which any part of the of n land to which the scheme applies may be used eith io isesr generally or at any particular period of time; rm pe (f) a reconsideration of any agreement reached by otuh t e joint panel established by the scheme to resolveit w hdisputes d over the operation of the scheme; uteb (g) any other matter relating to the occupstar i di tion and use of the land to which a scheme applies r d wo hich in the opinion of the court is relevant to the ce deuffective continuation of the scheme. ep ro (3) An application to wind-u bpe ar scheme shall- (a) state the reasons for tmha y at application and why winding up that scheme is poor k b eferable to a reorganisation of that scheme; and is of th (b) be deemed trto include an application to reorganise that scheme. o p a (4) An appedl .i Ncation under this section shall- (a) be mervs ade on the prescribed form; (b) sb r e ht e served on or otherwise made known to the members g ll r i of all other groups of persons with whom the application . Aia group is occupying land under a land sharing an nz arrangement or where those groups have formed into an f T a o association, to the trustees of that association; t en (c) be served on- ern m (i) the village council or councils having jurisdiction Gov over the land which is occupied under that land 5 20 2 sharing arrangement of co-occupancy; © (ii) the Commissioner; (iii) any other person whom the court may direct; and (d) specify the nature of the reorganisation that is being applied for. 723 THE LAND ACT [CAP. 113 R.E. 2023] (5) A court shall, in considering whether to make an order authorising a reorganisation or the winding-up of a scheme- (a) have regard to all those matters and exercise all those powers contained in subsections (3) to (5) of section . 168 as if for the expression “occupiers in common” in AG O those sections there were substituted the expression n o f “occupiers under a land sharing arrangement” wiistsh io any modifications and adjustments which the pceo rmurt shall consider necessary to reach a just and reasuto o nable decision; ith d w (b) in respect of an application which consistbsu toe f or includes a matter referred to in paragraph (c)d iso trfi subsection (2) of this section a court may exercise otrh d e power conferred on it by section 168; and ce du (c) use its best endeavours to enespu rore that any determination under this section is un r bdeerstood and accepted by all the groups of personsm a oyccupying under a land sharing arrangement the lbaon okd the subject of the application. f th is [s. 166] rt o o p a PART XIII . Nd rve DISPUTE SETTLEMENT e res Courts 177.–(h1ts) The following courts are hereby vested with exclusive Act No. rig 2 of 2010 s. 17 jurAillsdiction, subject to the provisions of this Part, to hear and ndiae . termine all matters of disputes, actions and proceedings za an concerning land, that is to say- f T t o (a) the Court of Appeal; enm (b) the High Court; ernv (c) the District Land and Housing Tribunal; 5 G o (d) Ward Tribunals; and 2 ©20 (e) Village Land Council. Cap. 206 (2) Notwithstanding the provisions of subsection (1), the Ward Tribunals established under the Ward Tribunal Act shall have jurisdiction in relation to the area of a district council for the purposes of this Act and shall be competent courts as 724 THE LAND ACT [CAP. 113 R.E. 2023] are or may be established by a written law for the time being relating to the establishment and powers of magistrates and other courts of mainland Tanzania. (3) A person aggrieved by a decision of a Ward Tribunal . may appeal to the court of law having jurisdiction in the area AG O of the relevant district council. of [s. 16 ion is7s] ermp PART XIV t tho u MISCELLANEOUS PROVISIONS i d wte rib u Substituted 178.–(1) Where the Commissioner is sati sdfiis ted that a notice service to be effected cannot be served person o eadlly r or by post, either because the person to be served is evaddu cing service or for some o other reason, he may order service ptor be effected by- e r e (a) affixing a copy of the noy tbice in a conspicuous place- (i) on or as near as a k may be, to the land where possible; and oo b (ii) where thef t hl iasnd is village land, at the offices of the villagea rtc oouncil or other public place within the vill p . N aoge; or (iii) vwedhere the land is general land, at the offices of er res the local authority having jurisdiction in the area ts h where the land is located or other public place in l ri g Al the area where the land is located; and nia . (b) publishing a copy in the Gazette and if he thinks fit, one za an or more newspapers circulating in Tanzania. f T t o (2) A notice displayed or published under this section may men be in English or Kiswahili or both. ernv [s. 168] o 5 G 022 Publication of 179.–(1) Where, by any provision of this Act, a notice or other © notices and other information information is to be published or given any publicity which will bring it to the attention of all persons likely to be affected by it, that duty shall be construed as requiring- 725 THE LAND ACT [CAP. 113 R.E. 2023] (a) where the land is village land, a copy of the notice or other information to be- (i) affixed in a conspicuous position on or as near as may be to the land to which it relates; and . (ii) affixed in a conspicuous position at the offices of AG O the village council and in any other public places of n in the village which village council shall direicsst i;o and rm pe (iii) summarised and communicated orally uto t o the residents of the village at a meeting of w ti thhe village d assembly and at any other meetingsbu w tehich may be convened by the village councild fiso trri that purpose; (b) where the land is general land, a dc orpy of the notice or other information to be- ce du (i) affixed in a conspicuou r esp po lace on or as near as may be to the land to wh biec rh it relates; and (ii) affixed in a con ms apyicuous place at the offices of the local authboo okrity having jurisdiction in the area where the lisa th nd is located and at any other public places, rti on f cluding offices of the Government and officoe ps a of the local government authority situated w . edit Nhin the area where the land is located; (c) wherrve the land consists of or includes land or a sd r es ht welling house and the notice or other information ll r ig affects or may affect the continued occupation of that a. A i land or dwelling house by any person, then, in addition za n n to the actions which must be taken under paragraphs of Ta (a) and (b), the notice or other information shall be nt e summarised and communicated- ern m (i) to that person orally at a meeting called for that ov G purpose in the area where the land or dwelling 25 20 house is; and © (ii) to that person or a member of the household of that person living in that dwelling house personally. 726 THE LAND ACT [CAP. 113 R.E. 2023] (2) Where the Commissioner considers it desirable, a notice or the information to which this section applies may be published in one or more newspapers in English or Kiswahili or both, circulating in the area where the land to which the . notice or other information relates is located. AG O [s. 169] of sio n s Rights of entry 180.–(1) Any person authorised in that behalf bye rmt ihe Commissioner shall have power, on the giving of not le p ous t s than 48 hours notice, to enter and inspect at all reasonwait h ble times between the hours of 6.00 am and 6.00 p.m. anutey d land, other than land occupied exclusively as a dwellin rib isgt house, for any purpose connected with the implementati oor nd of this Act. (2) The notice which is required b ed ucy subsection (1) to be given prior to any entry on to landro dshall specify clearly the purpose for which and the time at wre p be hich the authorised person will enter the land. y ma (3) Every person authooroi ks ed to enter or inspect land under this section shall be fhuisr bnished with a written authorisation signed by the Commoif t rt ssioner and if so required by any person having an intereos pt a in or occupying the land which he enters and inspects, ds.h Nall produce the same to that person. (4) Whseerr vee any person authorised under this section causes any dams rt aege to land or anything on the land during his entry andl ignh r spection, the Commissioner, shall forthwith appoint a Al p iae. rson to assess the damage and pay promptly compensation n za based on that assessment to the person whose land or things an f T on the land have been damaged. nt o e [s. 170] ern m oCvall for 181.–(1) The Commissioner may, for any purpose connected G information 02 5 with the implementation of this Act, by notice in writing sent ©2 or delivered by registered post, require the occupier of land under a right of occupancy or a lease to send or deliver to the Commissioner within three months of the date on which the notice was so sent or delivered any document and other 727 THE LAND ACT [CAP. 113 R.E. 2023] information about the occupation and use of that land and the interests and rights specified in the notice he and any other persons have in or over that land, so far as they are known to him. . (2) The notice sent by the Commissioner shall specify OAG clearly and in a language calculated to be understood by the f n o recipient of the notice the information that is required. siois (3) Where the recipient of the notice is unclear as tpoe r mthe information which he is required to provide, he shall,o ua ts soon as may be, seek further clarification and elucidatio it wn hfrom the d Commissioner. uteb (4) It shall be a defence to any person charg i deisd tr with a failure to comply with the notice or with giving mids ole r ading information in his reply to the notice that he coudlud c ereasonably have been expected to understand the noticee op rro any further clarification and elucidation provided by the b Ce rommissioner in response to any communication sent or mm aayde to the Commissioner under subsection (3). ok bo (5) Where the Co m ism th issioner requires information from a person whom itrt oi fs reasonable to assume from his age, circumstances, eo dp aucation, and location will not be able to understand eodr . Nreply in writing to the written notice, the Commissisoern v er shall authorise an officer in writing to interview e that p r hetrsson and obtain the required information by means of that riigll nterview. ia. A(6) An officer authorised to conduct an interview under n nz a subsection (5) shall give not less than seven days’ notice of the of Ta time, being a reasonable time between the hours of 6.00 am nt e and 6.00 p.m., at which he proposes to conduct the interview rnme and that interview shall be conducted in a reasonable manner. ov G (7) The provisions of subsections (3) and (4) of section 188 25 20 shall apply to a person conducting an interview under this © section. [s. 171] 728 THE LAND ACT [CAP. 113 R.E. 2023] Meaning of ’ 182.–(1) Where by this Act, a thing or action is to be or may “opportunity of being heard” be done after giving a person an opportunity of being heard, then whether that or a cognate expression or form of words is used, that person shall, be deemed to have been given such an . opportunity if he has been served with a notice in writing or AG O in circumstances similar to those referred to in section 188(3), of n informed orally and in a language calculated to be understooisds i,o of the nature of the thing or action to be done and appoi rm pne ting a time, being not less than fourteen days after the se t oruvice of the notice or the oral communication, and a place a wt i twh hich, he d will, if he attends, be heard and- uteb (a) he attends before the relevant official o tri disr body personally or by advocate or other agent adn od r is given such an opportunity in a fair and reason e du cable manner to put his case; proe (b) he informs the relevant boe ffir cial or body that he does not wish to be heard mb auyt that he will submit in writing a statement of his k b oc oase or other matters that he wishes the official or tb hios dy to take into account, any written statement trto o f be submitted within fourteen days thereaftero ;p a (c) he info N ed .r ms the relevant official or body that he does not wisehrvs to be heard or to submit any written statement; or e (d) tsh rh e takes none of the actions specified in paragraph (a), ll r ig (b) or (c) within one month of the service of the notice A ia. or the oral communication despite being sent or given za n n a reminder. Ta of (2) Where a person or an advocate or other agent on his nt e behalf attends before the relevant official or body concerning ern m a matter on which he is entitled to be heard or fail to attend v G o pursuant to such a notice and has not acted under paragraph 02 5 2 (b) or (c) of subsection (1), the relevant official or body may, © if it thinks fit, adjourn the hearing, from time to time and notwithstanding failure to attend, may hear that person at any time. 729 THE LAND ACT [CAP. 113 R.E. 2023] (3) Where by this Act, all persons interested or affected are to be given an opportunity of being heard, those persons shall be deemed to include all persons occupying the land or with an interest in the land the subject of the hearing, whether they . are occupying land under a right of occupancy or without any AG O apparent lawful right or title. of n [s. 17is2s] io erm Land 183.–(1) There shall be established a Land Compeoun t spation Compensation Fund Fund, to be known as the Fund. ith w (2) The Fund shall be managed by the Truute dstees whose composition shall be as is prescribed by rsetri gibulations made under section 189 of this Act. or d (3) The Trustees shall be a body corupceo drate capable of suing and being sued, of making contractpsr oa dnd of acquiring, holding and disposing of property. re be (4) The objects and p y muarposes of the Fund are to provide compensation too oa kn y person who, as a result of the implementation of anyi s obh f the provisions of this Act by the t Government or anyrt op f ublic or local authority, suffers any loss or deprivation o a or pdiminution of any rights or interests in land or any injuriodu. s N affection in respect of any occupation of land. (5) The eMrv e s inister shall, by regulations made under section 189 of e tst hr is Act, have regard to the exercise and functions of the Tirghl r ust. l ia. A [s. 173] n za Fees Tan 184.–(1) The Minister, after consultation with the Minister nt of responsible for finance, shall prescribe the rates of fees for all me rn matters in respect of which, by this Act, prescribed fees are veo required to be paid by any person and shall keep such fees G 02 5 under continuous review. ©2 (2) Fees prescribed under this section shall be at a rate per centum of the value of the land the subject of the application or other matter in respect of which fees are required to be paid. 730 THE LAND ACT [CAP. 113 R.E. 2023] (3) The Registrar shall refuse to make any entry on the register or register any document in respect of any grant of a right of occupancy or any disposition of or arising in connection with a right of occupancy in respect of which a fee . has not been paid in whole or in part, unless he is satisfied on OAG the basis of written evidence produced before him that, that n o f fee has been waived in whole or in part or that it has beiessn io agreed between the payer and payee that fee may be papei rdm in installments and there are no arrears in those installmoeun t ts. (4) Unpaid fees or expenses incurred by the Gov e th wri nment in d connection with any attempt to recover those ubnup teaid fees shall constitute a civil debt recoverable summarilyi.str i r d ed o [s. 174] uc Unlawful 185.–(1) A person who, without lawrodp ful authority or without occupation of land any right or licence, express or ei mr e b plied under customary or statutory land law so to do- ay (a) occupies or erects aonk m o y building on any land; (b) clears, digs, plousg bhi hs, cultivates, or grazes animals over t any land or rp f t oart of it; or (c) cuts or roe pm a oves any timber or other produce on or from an. Nd y land or part of it, shall be ta rve skeen to be in unlawful occupation of that land. (2) tsW r ehere, with respect to general land or reserved land h l r,i gthe Commissioner, or with respect to village land, the Al v iai.llage council having jurisdiction over that land, is of the anz opinion that a person is in unlawful occupation of land, the Tan f Commissioner or, as the case may be, the village council may t o en serve on that person a notice in the prescribed form or give to m ern that person an oral communication, in a language calculated ov G to be understood by that person requiring that person to show 5 02 cause as to why he should not be required to vacate that land ©2 within any time and subject to any terms and conditions as to be removal of buildings, the reaping of growing crops and any other matters which the justice of the case may require, which may be specified in the notice or oral communication. 731 THE LAND ACT [CAP. 113 R.E. 2023] (3) A notice referred to in subsection (1) shall inform the person to whom it is addressed that if he so desires it, he shall be given an opportunity of being heard in connection with his showing cause as to why he should not vacate the land which . the notice relates. OAG (4) In determining whether to serve a notice or oral of n communication and the period of time to be specified in tih io sse notice by the end of which the person is required to vearcmp ate the land, the Commissioner or, as the case may be, theu to v illage council shall take account of- ith d w (a) whether any belief by the person that bhu tee is in lawful occupation of land is a reasonable bedlisie trif; (b) the use which the person is m oar d king of the land, including any crops being gro ce duwn by that person and when they may reasonablye bp reo expected to be ready to be harvested; r be (c) the length of time th ma aty person has been on that land and his age and genoob ekral circumstances; (d) whether that p s the ir son has any dependants living with him; f rt o (e) whether ot hp aat person or any dependants of that person are in de. e mN ployment near to that land; (f) wh rv sether the occupation of the land took place e htsp reaceably or by force and whether the occupation is, l ri g l as a consequence, depriving any person of the lawful A ia. occupation and use of that land which that person za n n could take-up immediately the land was vacated; Ta of (g) whether the occupation of the land is preventing some t en necessary or desirable development or public works; rnme (h) the nature and environment of the land and where the ov G land is land reserved for the primary use of wildlife, 25 20 whether the occupation of the land is hindering © or preventing the use of the land by wildlife or is in practice in harmony with that use; 732 THE LAND ACT [CAP. 113 R.E. 2023] (i) whether in all the circumstances, it would be reasonable to pay any sum of money to the person on account of his being required to vacate the land; or (j) any other factors which seem relevant including any . matters which the person occupying the land brings to OAG the attention of the Commissioner or, as the case may f n o be, the village council. io miss (5) A person served with a notice or oral communicpae rtion under this section shall, within not more than sixty daoyus t , show cause to the Commissioner or, as the case may beit h w a village d council, as to why he should not vacate the landut eb to which the notice relates. tri dis (6) Where a person does not, within sdi xot r y days, show cause as to why he should not vacate the ldaun ced to which the notice relates and has no reasonable excuespe ro for not so complying, he shall be deemed to have accepte dbe t rhe notice and shall be under a duty to comply with that n a omtiyce. (7) Where the Comm o biosskioner or, as the case may be, the village council after co is thns idering any representations made by the person attempt f rit nog to show cause determines that he has failed to show coa pu ase as to why he should not be required to vacate the lan . N ed to which the notice relates, the Commissioner or, as the r secavse may be, the village council shall inform that e personht sb ry notice or oral communication that he is required to vacla g l rtie the land within the time specified in the notice served uan. A i der subsection (1). za n n (8) A person who responded to the notice to show cause Ta of but who failed so to do in terms of subsection (5) may apply to t en the court for relief against the operation of that notice or oral ern m communication, within thirty days of being notified that he ov G has failed to show cause. 5 20 2 (9) An application for relief is not to be taken as an admission © by the person applying for relief that- (a) he is in unlawful occupation of the land; (b) by reason of that unlawful occupation, the Commissioner or, as the case may be, the village 733 THE LAND ACT [CAP. 113 R.E. 2023] council has the right to require him to vacate the land in respect of which the application for relief has been made; (c) all notices and oral communications which were . required to be served by the Commissioner or, as the G OA case may be, the village council were properly served; f n o and io iss (d) the period by which the land must be vacated speceirfimp ed in the notice or oral communication was reasoonua t ble or had expired. ith d w (10) The court may, taking into account albl ut tehose matters set out in subsection (4), grant relief to th tri deis person applying for the same on any terms and conditionds ow r hich appear to the court to be just and reasonable and, dwu ciethout prejudice to the generality of this provision, the couepr rto may- (a) cancel the notice or ora bl ec rommunication and declare that the person is ent imt aleyd to remain on the land; (b) postpone the o ok bpoeration of the notice or oral communicatio n th iasnd grant the person a licence to remain on the landrt ou f ntil the notice or oral communication shall come p ao into operation; (c) where N ed .t he person is a pastoralist, vary the operation of etrhvs e notice or oral communication by granting st hr e ht e person an easement of grazing of any terms and ll r ig conditions which the court shall think fit; A ia. (d) vary, any of the terms of the notice or oral an nz communication or the period within which the person of Ta is required to vacate the land; or en t (e) vary the amount of any payment to be paid, or where ern m no payment has been offered, order such payment as v G o the court shall think just be made to the person on his 25 20 vacating of the land. © (11) Where the court has confirmed, with or without any variations, alterations or additions in the exercise of its powers under subsection (6), the notice or oral communication, the 734 THE LAND ACT [CAP. 113 R.E. 2023] person on whom the notice or oral communication has been served shall be under a duty to comply with that notice or oral communication as confirmed by the court. [s. 175] . AG Obstruction of 186.–(1) Where the Commissioner is satisfied that there O of public rights of way has been any wrongful obstruction of or encroachment osnio n s any public right of way, he may make an order requiringer mt ihe person responsible for that obstruction or encroachmt epou nt to remove that obstruction or encroachment withi n th wi the time specified in the order, which shall be not less tthedu an fourteen days, and if that order is not complied withis trw ibithin the time specified, he may take any steps which m oar yd be necessary for the purpose. d uc e (2) A notice made by the Commpiros dsioner under subsection (1) shall be served on or o e bet hr erwise communicated to the person alleged by the noaym t ice to be responsible for the obstruction or encroachmeoko n t in such a manner as that person will understand that nhiso btice and what he is required to do t under the notice. of rt (3) A person wo ph ao does not take action under subsection (2) shall be takend .t o N have accepted the notice and shall be under a duty to co rve sme ply with it. (4) We ts rhere the Commissioner has reconsidered the notice in r g le rsi phonse to a request made in accordance with subsection (4. )A l ia so to do, and determines to confirm the notice, he shall n za inform the person who made the request for a reconsideration an f T that he has confirmed the notice. nt o e (5) A person whose request for a reconsideration of the rnme notice has resulted in the notice being reconfirmed may appeal v G o to a court against that reconfirmed notice, but if he does not so 250 appeal within the time specified in the notice for compliance ©2 with the notice, he shall be deemed to have accepted the notice and shall be under a duty to comply with it. 735 THE LAND ACT [CAP. 113 R.E. 2023] (6) A court hearing an appeal under this section may- (a) confirm the notice and order the person to desist from obstructing or encroaching on the public right of way; . (b) suspend the operation of the notice for any period G OA which the court shall determine; or of n (c) quash the notice, siois and may make any ancillary orders which the circumstpaen rmces of the case may require. t tho u w i [s. 176] d ute Offences 187.–(1) A person who- str ib i (a) knowingly makes any false stateomr d ent, orally or in writing, in connection with an ed ucy disposition or other transaction affecting land oprr oa dny other matter arising under this Act; re be (b) knowingly gives anya y m false information or makes any false statemeon otk, either orally or in writing, in connection withis h abny call for information made under t section 181r t o fr in connection with any investigation into the coo pm a mission of any offence under this Act; (c) knowidn. g Nly gives any false evidence either orally or in sewr vreiting at any inquiry held under section 18 or tso rt eherwise in connection with the implementation of ighl r this Act; or l a. A i (d) fraudulently procures- za n (i) the registration or issue of any certificate of n f T a occupancy, customary certificate of occupancy or t o en any other document or instrument relating to the ern m land; Gov (ii) the making of any entry or the endorsement of any 5 02 matter on any document or instrument referred ©2 to in subparagraph (i); or (iii) the cancellation or amendment of any of the documents, instruments, entries or endorsements referred to in this paragraph; 736 THE LAND ACT [CAP. 113 R.E. 2023] (e) fraudulently alters, adds to, erases, defaces, mutilates or destroys any document or instrument relating to land or any entry on or endorsement of any such document or instrument; or . (f) suppresses or conceals from the Commissioner, the OAG Registrar, any authorised officer or any officer of a of n village council exercising powers under this Act io io ssr assists or joins in so doing, any material documen r pte, mfact or matter, t ou commits an offence and on conviction shall be liab wlie th to a fine d not exceeding one million shillings or impribsuo tenment for a term not exceeding three years or to both. str i di (2) A person who without reasonable ex r d cou se, fails to produce any document as required by any noticuceed served on him under section 181 or otherwise under thipsroe Act commits an offence and on conviction shall be liab lbee rto a fine not exceeding fifty thousand shillings or imprismoa nyment for a term not exceeding three months or to both. ok bo (3) A person who thuisnlawfully occupies land commits an offence and upon cornt ov fiction shall be liable to a fine not exceeding ten thousand shiol lpi angs, and in the case of a continuing offence to an additioend .a Nl fine not exceeding five hundred shillings for every day r sdeuvring which the offence shall have continued. e (4) hAts rperson who wrongfully obstructs or encroaches on to a pu brigll lic right of way and who does not within the time specified i A ian. any notice served on him under section 186 or where he n nz a has appealed against the notice, within the time specified in Ta of the notice after the hearing of the appeal where the court has t en rejected that appeal, remove that obstruction or cease that m ern encroachment commits an offence and on conviction shall ov G be liable to a fine not exceeding ten thousand shillings and 25 20 in the case of a continuing offence, to an additional fine not © exceeding two thousand shillings for every day during which the offence continues. 737 THE LAND ACT [CAP. 113 R.E. 2023] (5) Any person who willfully- (a) delays; (b) obstructs, (c) hinders; . (d) intimidates; or AG O (e) assaults, of n any person authorised under this Act and inspect any lan io issd in the lawful exercise of the power in that behalf com rm pemits an offence and upon conviction shall be liable to a fiutn o e not exceeding one hundred thousand shillings or to w aith term of d imprisonment not exceeding one year or to bobtuh te. (6) A person who, being an authorisedtridis officer under this Act, whether generally or for a spedc oifi r c function, in the course of any official function or odtuh ceerwise, unlawfully or with force enters on the land of anypr oe person or while on land, willfully commits any damage tboe rthe land or anything on the land, whether naturally on mth aye land, or stock owned by any person using the land oro co krops planted or buildings erected on the land commits ais b n offence and upon conviction shall be liable to a fine no otf th rt exceeding fifty thousand shillings or to imprisonment noo pt a exceeding three months or to both. (7) Whereed a . N court has convicted any person of an offence under thsiesr v section and the commission of that offence reenablehdts that person to obtain or retain or regain any interest in la ringll d which he would otherwise not have been able to oab. A i tain, retain or regain, the court may in addition to any za n n punishment provided for by this section imposed on such Ta of person, make any such order in relation to that interest in nt e land so obtained, retained or regained by such person as rnme appears to the court necessary to ensure that such person Gov does not profit by the offence of which he has been convicted 25 20 and without prejudice to the generality of this provision, any © such order may- 738 THE LAND ACT [CAP. 113 R.E. 2023] (a) direct the Commissioner to commence proceedings to- (i) revoke a right of occupancy; (ii) take action under subsection (3) of section 42; or (iii) terminate a lease; . (b) direct the Registrar to cancel any entry in any register AG O which has been obtained by virtue or on account of the f n o offence; or siois (c) require that person to restitution to any person rm p ewho has suffered loss by virtue of or on account of oou tff ence, including taking all necessary action to tran ith wsfer to any d such person any interest in land obtainbeud te, retained or regained by such offence from that pertsridis on, and any such order may be made subjedc ot r to any conditions which the court shall consider just and e du c reasonable. ro ep [s. 177] r be Corrupt 188.–(1) This Act shall not bmea yt aken or construed to validate, transactions affirm, authenticate or givooe k any legal effect to any grant of a right of occupancy, orh aisn by issue of a certificate of occupancy t or a customary cer f rtt oificate of occupancy, or any disposition, or any contract of op ar any of the earlier mentioned transactions which was obdt.a Nined or induced by any corrupt action, on the part of anye rGv e s overnment or public or local government official whethetsr r ethat Government or public or local government officl riiag hl was directly involved in that transaction or not, and, Al n iao. twithstanding any rule of law in Tanzania to the contrary, n za such a transaction is hereby declared to be and to have been an f T from its inception an illegal transaction, void and having no t o en legal effect. ern m (2) For purposes of this section, a transaction shall be taken ov G to be affected or tainted by corruption when either- 5 02 (a) any party to or involved directly or indirectly in the ©2 transaction in respect of which it is alleged that an action was corrupt is convicted of corruption and all 739 THE LAND ACT [CAP. 113 R.E. 2023] final appeals arising from that conviction have been concluded; (b) any civil servant or other public official is interdicted, or is retired in the public interest, from his post on the . grounds that he has been engaged in corrupt actions OAG and that these actions involved that transaction; or of n (c) an investigator body reports that it is satisfied or thisast io transaction was procured by corrupt practices. rm pe (3) A person occupying land which he obtaineudt o as a consequence of participating in any of the trainth w sactions d covered by subsection (1) and (2) shall be lbiau tbe le to forfeit that land to the President without any enisttird ti lement to any compensation. or d (4) Notwithstanding that a trans ce dauction covered by this section is void, a person occupyingp roe land as a consequence of that transaction shall be obliged b et ro comply with all the terms and conditions of the transaacy m tion as if it had been a valid transaction and shall be bloia okble to all the remedies which may be applied to a persont hwis ho fails to comply with the terms and conditions of a valirtd o ftransaction in addition to any penalties which may be apop pl aied under this section. . N rve d [s. 178] se Regulations 189. Thtse r eMinister may make regulations prescribing anything whilc rihg h may be prescribed under this Act and generally for l tiah. e A better carrying into effect of the purposes and provisions anz of this Act and removing any difficulties, occasioned by the an f T coming into operation of this Act and without prejudice to the t o en generality of the foregoing, such regulations may prescribe- ern m (a) the forms to be used connection with this Act; Gov (b) the manner of the exercise of the functions of- 5 02 (i) the Council; ©2 (ii) the Land Allocations Committee; (iii) the Administrator; and 740 THE LAND ACT [CAP. 113 R.E. 2023] (iv) the manner and form of the Fund; (c) the management of the Fund; (d) the manner and form of the registries of village land, the procedures to be followed by the registries and . hours they are to be open for business; G OA (e) the functions of the officers implementing this Act and n o f the manner in which they are to be exercised; io iss (f) the procedures to be followed by village adjudicpae rtmion committees, village adjudication advisers anodu t other officers exercising powers under Sub-Part C oithf Part IV ted w Cap. 114 of the Village Land Act; bu (g) the procedures to be followed bdyis trti rustees in the exercise of their powers under Subd -oP r art D of Part IV of the Village Land Act; e du c (h) the conduct of auctions undepe ror section 56; (i) the conduct of tenders u nbed rer section 56; (j) the use and managem me anyt of public rights of way created under section 164; ok bo (k) procedures to bhies t followed with respect to the making of any claimrt foo f r compensation and the payment of any compensa ptiao on under this Act; (l) the altde. e rNation from time to time of the amount which mayers vbe advanced by way of a small mortgage; e (m)h tst hr e form and scope of schemes of co-occupancy; ( ig lln r ) the form and scope of joint village land use agreements; a. A i (o) the form and scope of the schemes of regularisation n nz a and the manner of their implementation; Ta of (p) the form and scope of schemes of regularisation; nt e (q) procedure for the transfer of land from one category to ern m another; and v G o (r) procedure for the lenders of funds on the security of 25 20 a mortgage, being organisations or corporate bodies © 741 THE LAND ACT [CAP. 113 R.E. 2023] which may be exempted from certain provisions of this Act relating to approvals for dispositions. [s. 179] Law to be applied 190.–(1) Subject to the provisions of the Constitution and G. A this Act, the law to be applied by the courts in implementing, O of interpreting and applying this Act and determining disputsessi o n about land arising under this Act or any other writtene rmla i w shall be- ut p o (a) the customary laws of Tanzania; and ith w (b) the substance of the common law and ttehdu e doctrines of equity as applied from time to tiismtr ibe in any other countries of the Commonwealt hor dwhich appear to the courts to be relevant tou cteh de circumstances of Tanzania. pro d (2) On and after the date of th ree coming into operation of this Act, no statutes of general ya be ma pplication in force in England on the twenty second dayo o kf July 1920 which have not, at the date of the coming intoh iso bperation of this act, been declared by t a court to be a parrt t o f f the law of Tanzania shall apply in any way to any matteor p aconnected with land. (3) On andd. Nafter the commencement of this Act, it shall be the dutsyr voee f all courts in interpreting and applying this Act and all re tso ther laws relating to land in Tanzania to use their best endle riagv hours to create a common law of Tanzania applicable in Al eiaq. ual measure to all land and to this end the courts shall apply za na purposive interpretation to this Act and shall at all times be an f T guided by the fundamental principles of land policy set out in nt o e section 3. rnme [s. 180] v 5 G o 02 Application of 191. On and after the commencement of this Act, ©2 this Act notwithstanding any other written law to the contrary, this Act shall apply to all land in Mainland Tanzania and any provisions of any other written law applicable to land which 742 THE LAND ACT [CAP. 113 R.E. 2023] conflict, or are inconsistent with any of the provisions of this Act, shall to the extent of that conflict or that inconsistency, cease to be applicable to land or any matter connected with land in Mainland Tanzania. . [s. 181] OAG of Repeals 192. Repeals the following written laws: ions Ords. Nos. s 2 of 1923 (a) the Land Ordinance; erm i 3 of 1923 (b) the Law of Property and Conveyancing Ordinaon p ut ce; Acts Nos. 18 of 1963 (c) the Rights of Occupancy (Development C ith wonditions) 25 of 1963 Act; ted 51 of 1964 u 27 of 1965 (d) the Land (Settlement of Disputes) Act;tribis 4 of 1965 (e) the Range Development and Manaogr edment Act; 14 of 1973 31 of 1973 (f) the Land Tenure (Village Settle d umceents) Act; 11 of 1974 (g) the Government Rents (Sumprmo dary Recovery) Act; (h) the Rural Lands (Plannin e beg rand Utilization) Act; (i) the Specified Coffee Esatym a tes (Acquisition and Regrant) Act; and ok o (j) the Specified Si b hisa l Estates (Acquisition and Regrant) Act. of t art o p [s. 182] d. N Savings and 193.–(1) Uenrvl eess the contrary is specifically provided for in this transitional provisions Act, an es sy r right, interest, title, power, or obligation acquired, t with respect to accr urige hd, established, coming into force or exerciseable rights, actions, ll dispositions, etc. be. Afore the commencement of this Act shall continue to be anz giaoverned by the law applicable to it immediately prior to the n Ta commencement of this Act. of nt (2) Unless the contrary is specifically provided for in this e rnm Act or the circumstances are such that the contrary must be e ov presumed to be the case, where any step has been taken to create, 25 G 0 acquire, assign, transfer, or otherwise execute a disposition, ©2 any such transaction shall be continued in accordance with the law applicable to it immediately prior to the commencement of this Act. 743 THE LAND ACT [CAP. 113 R.E. 2023] (3) An instrument executed before the commencement of this Act whereby any disposition permitted under this Act is completed may be presented for registration in the prescribed register and- . (a) the question whether any instrument so presented is to OAG be registered shall be determined by the Registrar by n o f reference to the law in force at the time of its executioisns i;o and rm pe (b) subject to the provisions of paragraph (a), the pr t oouvisions of this Act shall apply to that instrument awsith if it had d been executed after the commencementb uo tef this Act. (4) Where any step has been taken to forsftrdi ei it a lease or to foreclose a mortgage before the enactmedn ot r of this Act, a court may, if it considers it just and reasonadbul cee so to do, on and after the commencement of this Act, on etph roe application of the lessee or, as the case may be, the borrowe r b r to issue an injunction to the lessor or, as the case may be, t mh aey lender to stop the continuation of any step and where a c oukbo rt has issued an injunction under this subsection, the lessiso th r or lender to whom the injunction has been issued marty o fcommence any action under this Act to terminate that le a oa pse or bring that mortgage to an end. d. N e [s. 183] se rv Savings and 194.–(1 re ts) Any rule, order, regulation, direction, notice, transitional provisions with noti h l firigcation or other administrative act made, given, issued l respect to rules, oar. i Aundertaken before the commencement of this Act under orders, etc. n za any land law repealed or amended in a material particular an f T by this Act shall, if it could have been made, given, issued or nt o e undertaken any corresponding provision of this Act, continue m ern in force and have the like effect as if it had been so made, given v G o issued or, as the case may be, undertaken. 250 (2) Subject to the provisions of this Act and until they are ©2 repealed or amended, the conditions contained in the Land Regulations, 1948 shall, unless they are specifically excluded or applied only as amended in a specific particular to a specific granted right of occupancy, or are impliedly or expressly 744 THE LAND ACT [CAP. 113 R.E. 2023] repealed or rendered of no effect by any of the provisions of this Act, continue to apply to any granted right of occupancy issued under this Act. [s. 184] G. A Act to be 195. The Minister shall, as soon as may be practicable after of O translated into Kiswahili the enactment of this Act, cause this Act to be translated instsoi o n Kiswahili and that translation shall be published in the Gaezrmeti te and in any other manner and form as will enable the t p o ucitizens of Tanzania to gain access to that translation. ith d w ute [s. 185] tribs Act to bind 196. This Act shall bind the Government. dir Government ed o [s. 186] du c ro e r ep SCHEyD bULE [Ok m a o mitted] o is b of th rt o p a d. N e se rv ts re l ri gh Al ia. za n Tan of en t ern m ov 5 G 20 2 © 745 G. A of O sio n is rm t p e ou ith ted w u str ib i or d ce d u rod re p e ay b k m oo his b f t art o No p ed . rv se ts re igh All r nia . nz a a f T nt o me ve rn 5 G o 2 ©20