Cap. 20:29
LAND CoMMISSION
No.12/2017
(5) If an interested party (hereafter in this Part refened to as a "non-concurring
interested party") referred to in subsection (1)(a)
does not, within a period of sixty days from the date of service of the
notice refened to in that subsection or such longer period as the designated
officer may for good and sufficient reason have allowed(i) agree in writing to the request refened to in paragraph (a) of that
subsection for the creation, variation or cancellation of the statutory
servitude; or
(ii) agree in writing with the designated officer, claimant or beneficiary
on the amount of compensation payable for any loss or deprivation
of rights likely to result from the creation, variation or cancellation
of the statutory servitude;
or
(b)
lacks full legal capacity to agree to the request referred to in paragraph
(a) of that subsection;
the designated officer shall require (by notice in writing) every non-concurring interested
party or his or her legal representative to fumish to the Secretary (within thirty days
of the receipt of the notice) the prescribed security for the costs of having the dispute
detennined by the Commission.
(6) If there is no dispute about the creation, variation or cancellation of a
statutory servitude or about any compensation to be payable therefor, or if no nonconcurring party fumishes the prescribed security within the allowed period (or such
longer period as the Secretary may for good and sufficient reason allow), the designated
officer shall by notice in writing to every interested party, summon every interested
patty or his or her legal representative, if any, to attend a meeting at the time and place
specified in the notice for the purpose of enabling the designated officer to verify
the particulars of the statutory servitude in the presence of every interested pmty in
attendance:
Provided that(a)
every interested party or his or her legal representative, if any, shall have
not less than three days' notice (including Saturdays, Sundays and public
holidays) of the time and place of the meeting; and
(b)
the failure by any interested party to attend the meeting of which he or
she has been given due notice in accordance with this subsection shall
not affect the validity of the meeting or anything done in the course or
as a result of the meeting.
(7) At a meeting convened in terms of subsection (6) the designated officer
shall(a)
cause the document embodying the particulars of the proposed creation,
variation or cancellation of the statutory servitude (hereafter in this Pmt
called the "statutory servitude protocol") to be read over or made available
to every interested party; and
(b)
record on the statutory servitude protocol the time and place of the meeting,
the names of all those who attended at the meeting and the capacities in
which they so attended; and
(c)
verify the statutory servitude protocol by endorsing upon it the word
"verified" and his or her signature and the place and date of verification;
and
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