Section 6: How to Apply for Customary Land Ownership
6.Procedures for application for certificate of customary ownership
(1)The Chairperson of a committee shall be responsible for ensuring that the procedures to be followed by the committee as set out in this section and any other procedures that may be prescribed are complied with.
(2)Where an application has been submitted to the committee, a notice in the prescribed form shall be published and posted in a prominent place in the area and on the land which is the subject of the application—
(a)specifying the location and approximate area of the land;
(b)requiring all persons who claim any interest in the land or in any adjacent land which may be affected by the application, including in respect of any adjacent land claims as to the boundaries of that land, to attend a meeting of the committee at a specified time and put forward their claims; and the time specified shall be not less than two weeks from the date on which the notice is published and posted as required by this subsection.
(3)On the date specified under subsection (2), the committee shall hear and determine all claims made under that subsection.
(4)The committee may adjourn any hearing into any claim and request an officer from the district land office, any other person or a group of persons recognised within the area as having knowledge about the land and its incidents of tenure to conduct further investigations into that claim.
(5)In hearing and determining any claim, the committee shall use its best endeavours to mediate between and reconcile parties having conflicting claims to the land.
(6)The committee shall—
(a)prepare a report on the application, recording all claims to interests and rights in the land or to the occupation and use of the land and its opinion on whether those claims have been proved to exist, setting out its findings and recommendations with reasons on the application, including in all cases whether the application should be approved with or without conditions, restrictions or limitations endorsed on the certificate and forming part of the incidents of customary ownership evidenced by the certificate or refused, and all claims made in relation to the application;
(b)give or send a copy of the report to the applicant;
(c)submit the report to the board;
(d)make a copy of the report available within the area for inspection by all persons who submitted claims to or who were heard by the committee.
Plain English Summary
You have the right to apply for a certificate of customary ownership for land you occupy under customary tenure. The process involves submitting an ap...
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