CHAPTER 58:05
ADJUDICATION OF TITLE

ARRANGEMENT OF SECTIONS

   SECTION

PART I
PRELIMINARY AND APPLICATION

   1.   Short title

   2.   Interpretation

   3.   Application

PART II
OFFICERS

   4.   Appointment and general powers of officers

PART III
CLAIMS AND DEMARCATION

   5.   Adjudication sections

   6.   Notices by Adjudication Officer

   7.   Staying of land suits

   8.   Claims and attendance

   9.   Safeguarding of rights of absent persons and minors

   10.   Notice of demarcation and recording

   11.   Indication of land claimed

   12.   Special powers of Demarcation Officer

   13.   Duties of the Survey Officer

   14.   Duties of the Recording Officer

   15.   Disputes

PART IV
PRINCIPLES OF ADJUDICATION AND PREPARATION OF ADJUDICATION RECORD

   16.   Principles of adjudication

   17.   Rules to be followed in adjudication

   18.   Adjudication Record

   19.   Notice of completion of Adjudication Record

PART V
OBJECTIONS AND FINALITY

   20.   Objection to the Adjudication Record

   21.   Procedure in hearing objections

   22.   Correction of Adjudication Record

   23.   Finality of Adjudication Record

PART VI
APPEALS

   24.   Appeals

PART VII
MISCELLANEOUS

   25.   Fees

   26.   Offences

   27.   Indemnity of officers

   28.   Regulations

18 of 1971
26 of 1988

An Act to provide for the adjudication of rights and interests in land, other than customary land, and for matters connected therewith and incidental thereto

[10TH AUGUST 1971]

PART I
PRELIMINARY AND APPLICATION

1.   Short title

   This Act may be cited as the Adjudication of Title Act.

2.   Interpretation

   In this Act, except where the context otherwise requires—

   “adjudication area” means an area to which this Act has been applied under section 3;

   “Adjudication Officer” means an Adjudication Officer appointed under section 4;

   “Adjudication Record” means the Adjudication Record prepared in accordance with the provisions of section 18 in respect of an adjudication section;

   “adjudication section” means an adjudication section declared under section 5;

   “charge” bears the meaning ascribed to that word by the Registered Land Act;

   “Deeds Registrar” bears the meaning ascribed to that term by the Deeds Registration Act;

   “Demarcation Map” means a demarcation index map prepared under section 13 in respect of an adjudication section;

   “Demarcation Officer” means a Demarcation Officer appointed under section 4;

   “easement” bears the meaning ascribed to that term by the Registered Land Act;

   “guardian” means any person (whether under customary law or otherwise) responsible for protecting the interests of any person who is under a disability, whether by reason of age, unsoundness of mind or any other cause;

   “interest in land” means any right or interest in or over land which is capable of being recorded under the provisions of this Act;

   “land” includes land covered with water, all things growing on land, buildings and other things permanently affixed to land;

   “piece” means a piece of land separately shown on a Demarcation Map and thereon given a number;

   “profit” bears the meaning ascribed to that word by the Registered Land Act;

   “Recording Officer” means a Recording Officer appointed under section 4;

   “the register”, “to register”, “registered” and “registration” bear the meanings ascribed to those terms by the Registered Land Act;

   “Registrar” bears the meaning ascribed to that term by the Registered Land Act;

   “Survey Officer” means a Survey Officer appointed under section 4.

3.   Application

   (1) Whenever it appears expedient to the Minister that the adjudication and registration of rights and interests in land, not being customary land, in any area, should be effected the Minister may, by Order published in the Gazette, declare that this Act shall apply to that area and thereupon that area shall become an adjudication area.

   (2) Any Order under this section shall define the situation and limits of the adjudication area to which it relates either by means of a plan or by a description, or by both, and the Minister may at any time, by Order published in the Gazette, vary the limits of the adjudication area.

PART II
OFFICERS

4.   Appointment and general powers of officers

   (1) Whenever an Order made under section 3 is published, the Minister shall appoint an Adjudication Officer for the adjudication area it declares and such Demarcation Officers, Recording Officers and Survey Officers as may be necessary for performing the duties and exercising the powers imposed and conferred upon them by this Act in relation to such area.

   (2) The Adjudication Officer shall, subject to the directions (whether general or special) of the Minister, be in charge of the adjudication under this Act of rights and interests in land in the area for which he is appointed and may issue such general or special directions as he thinks necessary to the other officers appointed under subsection (1) for such area, and may himself perform and exercise all or any of the duties given under this Act to Demarcation Officers and Recording Officers.

   (3) The Adjudication Officer shall be competent to administer oaths and take affidavits in any inquiry made by him and to issue summonses, notices or orders requiring the attendance of such persons or the production of such documents as he may consider necessary for carrying out the adjudication.

   (4) A Demarcation Officer or Survey Officer may at any reasonable time enter upon any land within the adjudication area for the purpose of demarcating or surveying any piece therein and may summon any person who can give information regarding the boundaries of any such piece to point out the boundaries.

PART III
CLAIMS AND DEMARCATION

5.   Adjudication sections

    The Adjudication Officer shall divide each adjudication area into two or more adjudication sections or declare the whole area to be a single adjudication section, and shall give each such adjudication section a distinctive name.

6.   Notices by Adjudication Officer

   (1) The Adjudication Officer shall prepare a separate notice in respect of each adjudication section, and in such notice shall—

   (a)   specify the situation and limits of the adjudication section;

   (b)   declare that all interests in land in such section will be ascertained and recorded in accordance with the provisions of this Act;

   (c)   require any person who claims any interest in land within the adjudication section to make a claim thereto either in person or by agent within the period, to the person, at the place and in the manner specified in the notice;

   (d)   require all claimants to land, or to any interest in land, within the adjudication section to mark or indicate the boundaries of the land in such manner and before such date as shall be required by the Demarcation Officer.

   (2) The Adjudication Officer shall as soon as possible after preparing a notice under subsection (1)—

   (a)   cause such notice to be published in the Gazette and at such administrative and other offices as he thinks fit; and

   (b)   cause the substance of such notice to be made known throughout the adjudication section and elsewhere in such manner as he considers to be most effective for the purpose of bringing it to the attention of all persons affected thereby.

7.   Staying of land suits

   (1) Except with the consent in writing of the Adjudication Officer, no action concerning land or any interest in land in an adjudication section shall be begun in any civil court until proceedings under this Act with regard to such land or interest have been completed.

   (2) Where at the time of the publication of a notice under section 6 an action concerning land, or an interest in land, in the adjudication section referred to in such notice is pending or in progress such action shall, where practicable, be determined before the adjudication under this Act of the land or interest therein is commenced:

   Provided that it shall be lawful for the Adjudication Officer at any stage of such action to order that it shall be stayed and it shall be stayed accordingly.

8.   Claims and attendance

   (1) Every person claiming an interest in land within an adjudication section shall make his claim in the manner and within the period fixed by the relevant notice given under section 6.

   (2) Every person whose presence is required by the Adjudication Officer, Demarcation Officer or Recording Officer, as the case may be, shall attend, in person, or by agent, at the time and place specified. If any such person fails so to attend the demarcation, recording or other proceeding may continue in his absence.

9.   Safeguarding of rights of absent persons and minors

   (1) If the Adjudication Officer, Demarcation Officer or Recording Officer is satisfied that any person who has not made a claim has a claim to any interest in land within the adjudication section the Adjudication Officer, Demarcation Officer or Recording Officer may, but shall not be bound to, proceed as if a claim had been made, and may call upon the Deeds Registrar to supply him with a certified copy of any document relevant thereto and registered under the provisions of the Deeds Registration Act.

   (2) If the Adjudication Officer, Demarcation Officer or Recording Officer is satisfied that a claim might be established by a minor and no person has been appointed to represent the minor, he shall appoint a person to represent the minor, and shall proceed as if a claim by, or on behalf of, such minor had been made.

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