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AGRICULTURAL LAND

In the first 2 instances, there is an attempt to cushion the tenant from the perceived injustice in the absence of intervention of the tribunals and the landlord is being put through a rigorous procedure if he is to exercise any of his power and the tribunal has the ultimate say safe for enforcing the order.  That is a social realisation that we have weaker parties members of society who need protection and their means is limited and level of rent has to be regulated.

With regard to agricultural land, the fact that in our society which is dependent on agriculture, agricultural land means a lot that the persons with the legitimate expectations on that land go beyond the registered proprietor especially in the rural areas where land is registered in the name of the nominal head of the family.  In the absence of intervention the people depending on the land need protection.  The land control Act Cap 302 sets a judicial body known as the Land Control Board Section 3-5 a controlled transaction is defined under the Act as “any transaction specified in Section 6(1) and not excluded by S. 6(3) of the Act and these are leases, sale transfers and any other dispositions or dealings in regard to agricultural land which is situate in areas known as a land controlled area of the minister concerned.  There are certain transactions exempt from control which includes transmission in land, where the govt country council is one of the parties in the transaction.  The law is that such transactions shall be void for all purposes and of no legal effect whatsoever unless the necessary consent is sort and obtained from the Land Control Board as under S. 7 of that Act.  There is a procedure to be followed in the event that one was to carry out dealings in respect of agricultural land, there has to be a lands control board meeting at which both parties have to appear (seller and purchaser) the meeting should be sufficiently advertised to enable any interesting parties refer to family members who depend on such land for a livelihood and they have a right of representation before the board and can challenge the intended transaction on any ground especially if it may leave them landless.  The Board enjoys a wide range of discretion and can decline the consent or give the same after hearing representations including any objections.  A number of consideration are in relation to possible difficulties that may be visited on those who depend on the land, and if the purchaser has too much land they can deny consent to purchase more.  If the proprietor has alternative land and the sale would not jeopardise the status of his family then they will grant consent.

The consequence of a transaction involving agricultural land is that in the absence of consent, the transaction is null and void and of no consequence and by virtue of the provisions of Section 22 of the Act can be ordered to vacate the property however any sums that may have exchanged hands are recoverable as a debt by way of a civil suit and an order may issue for a refund.

Application for consent must be procured within 6 months of the intention to purchase.  What is required is that within 6 months of commencements of the transaction, one must procure the land board consent.

 
 
 

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