No. 12/2017
LAND Coi'vfMISSION
Cap. 20:29
Rules for disputes
6. (1) The Commission shall appoint a legally qualified member of the
staff of the Commission or (unless the State or the Secretary is a party to the
dispute) ITk'lY avail itself of the services of any legally qualified employee of
the Ministry or of the Ministry responsible for justice to be an intermediary
between the parties to any dispute to be determined by it.
(2) The intermediary shall assist the pmties to the dispute to state
the grounds upon which they base their contentions, setting f01th in writing
all the facts which each of them considers material and relevant and the
contentions in law based thereon.
The statements so prepared shall be lodged with the Commission
in duplicate within sixty days of the date on which notice of the dispute is
given to the Commission.
(2) Should the statement of facts in the disputants' statements be
admitted by each of them to be sufficient and correct, the intennediary shall
within fourteen days of the lodging of the disputants' statements draw up
and submit to each of them a document embodying the admitted statement
of facts, and the contentions in law of the disputants. Such document shall
be called an "agreed case".
(3) The agreed case shall without delay be transmitted to the
Commission by the intermediary, and the arguments on the dispute and the
decision of the Conm1ission shall be confined to the facts admitted.
(4) Should the disputants not admit the statement of facts in each
of their statements to be correct or sufficient, or should they not come to
an agreement with each other on a statement of facts, the intermediary
shall without delay after completing their statements lodge with each of
them a statement setting out which of the allegations the disputants admit
as correct and which they deny, and shall set out all such other facts which
the intermediary considers relevant and matetial to the determination of the
dispute.
(5) Should the disputants not agree in regard to the statement of
facts, the intetmediary shall without delay transmit to the Commission the
respective statements of the disputants.
(6) The Commission shall, after consultation with the disputants,
notify them through the intetmediary of a day, time and place for the hearing
of the dispute, such day being not less than thirty days after the receipt of
the agreed case or of the disputants' statements.
(7) If any facts are in dispute any of the disputants may call such
evidence and produce such documents at the hearing of the dispute as may
be deemed material and relevant.
(8) If any patty to a dispute or anyone authorised to appear on
his or her behalf does not appear before the Commission at the time and
place appointed for the purpose then the Conmlission, upon the request
of the other disputant and upon proof that the prescribed notice of the
sitting of the Comnlission has been given to the absent disputant, shall
uphold the other disputant's case, unless any question of law arises, in
which case the Commission may, before giving its decision, call upon the
disputant who is present to present argument in support of his or her case.
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