Section 7: How the Board Decides Your Customary Land Certificate
7.Functions and procedure of board on application for certificate of customary ownership
(1)The board shall, upon receipt of the report and recommendations of the committee referred to in section 6(6), consider the application in the light of that report and those recommendations and may—
(a)confirm the recommendations of the committee and where those recommendations are to issue a certificate of customary ownership with or without conditions, restrictions or limitations, approve the issue of a certificate of customary ownership accordingly and where the recommendations are to refuse to issue a certificate of customary ownership, confirm that refusal;
(b)where the recommendation of the committee is to approve the issue of a certificate subject to conditions, restrictions or limitations, vary the recommendation of the committee and approve the issue of a certificate of customary ownership, with or without conditions, restrictions or limitations in accordance with any such variations as it may make;
(c)return the report to the committee with directions as to what action, including further investigations or hearings, the committee is to undertake on the application; or
(d)reject the report of the committee and where the recommendation of the committee is to issue a certificate, refuse the issue of a certificate and where the recommendation of the committee is to refuse the issue of a certificate, approve the issue of a certificate.
(2)Where the board rejects or varies a recommendation of the committee, it shall give reasons for its decision.
(3)Where the committee has recorded under section 5(1)(e) that a person is entitled to the benefit of a third party right, a certificate of customary ownership may only be issued subject to that third party right, a record of which shall be endorsed on the certificate.
(4)The board shall communicate its decision in writing to the recorder.
(5)Where the board approves the issue of a certificate of customary ownership with or without conditions, restrictions or limitations, the recorder shall issue the applicant with a certificate in the terms of the decision of the board.
(6)Any person aggrieved by a decision of the board under this section may appeal to a district land tribunal against that decision; and the district land tribunal may confirm, vary, reverse or modify the decision of the board and make such other order in respect of that decision or as it is empowered to make by this Act.
Plain English Summary
You have the right to have your application for a certificate of customary ownership reviewed by a board after a local committee has made its recommen...
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