CHAPTER 32:13
LAND TRIBUNAL

ARRANGEMENT OF SECTIONS

    SECTION

PART I
Preliminary

    1.    Short title

    2.    Interpretation

PART II
Establishment of Land Tribunal

    3.    Establishment of Land Tribunal

    4.    Constitution of Land Tribunal

    5.    Chief Land Tribunal President

    6.    Taking of oath of office

    7.    Jurisdiction of Land Tribunal

PART III
Proceedings of Land Tribunal

    8.    Proceedings of Land Tribunal

    9.    Witnesses

    10.    Power to hear evidence

    11.    Applications to Land Tribunal

    12.    Failure to prosecute

    13.    Representation

    14.    Proceedings in public

    15.    Competent jurisdiction

    16.    Referral of dispute to arbitration

    17.    Costs

    18.    Decisions in writing

    19.    Contempt of tribunal

PART IV
Officers of the Land Tribunal

    20.    Appointment of Registrar of Land Tribunal

    21.    Court bailiff

    22.    Functions of bailiff

    23.    Police officer and Deputy Sheriff empowered

PART V
General

    24.    Limitation of liability

    25.    Regulations

    26.    Saving and transitional

Act 4, 2014,
S.I. 20, 2014.

An Act to establish a Land Tribunal and to provide for matters incidental thereto or connected therewith.

[Date of Commencement: 1st April 2014]

PART I
Preliminary [ss 1-2]

1.    Short title

    This Act may be cited as the Land Tribunal Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    "bailiff" means a court bailiff of the Land Tribunal appointed in terms of section 21;

    "Chief Land Tribunal President" means Land Tribunal President appointed under section 5(1);

    "land dispute" means any dispute concerning land;

    "Land Tribunal" means the Land Tribunal established under section 3;

    "Land Tribunal President", means a person appointed under section 4(1)(a) and it includes the Chief Land Tribunal President appointed under section 5(1);

    "member of a Land Tribunal" means a member appointed under section 4(1)(b) and shall not include, a Land Tribunal President;

    "public body" means a land board established under the Tribal Land Act (Cap. 32:02), and a planning authority established under the Town and Country Planning Act (Act No. 4 of 2013); and

    "Registrar" means the Registrar of the Land Tribunal appointed in terms of section 20.

PART II
Establishment of Land Tribunal (ss 3-7)

3.    Establishment of Land Tribunal

    (1) There is hereby established a Land Tribunal, which shall have such jurisdiction and powers as shall be conferred on it by this Act or any other written law.

    (2) The Land Tribunal may consist of one or more divisions as the Minister may consider necessary to constitute, each headed by a Land Tribunal President.

4.    Constitution of Land Tribunal

    (1) The Land Tribunal shall comprise of the following members—

    (a)    Chief Land Tribunal President and such number of Land Tribunal Presidents appointed in accordance with the Public Service Act (Cap. 26:01); and

    (b)    such other members appointed on contract in accordance with the Public Service Act, holding qualifications in Land management, real estate management, physical planning or related fields.

    (2) A person shall not be qualified to be appointed as a Land Tribunal President unless he or she is qualified to practise as an advocate or attorney and has been qualified for not less than ten years to practise as an advocate or attorney.