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pow4ade

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31/03/16

00:13

Post #: 17386997
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Originally posted by Tez1985 ↑

Hi Pow4ade,

I can see where your logic has come from.

I do disagree however, the CoA did not sort out a dispute between landholders per se. The particular Court and appeal that you have highlighted indicate the Customary Land Court, and would also be under its own case. I use the CoA judgement behind my reasoning, they make no order to specify which groups should be registered for the particular parcel of land, they only make an order that the land be removed from the register all together. To say back to square one as it has been put up here.

I can not see how the Commissioner of Lands could implement the agreement as he has not had receipt of the order from the court indicating him to do so. If you follow me?

Would you agree?

Thanks,
Tez

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Sorry, Tez, Section 66 deals only with received (western) law, not customary law.

Thus the COA judgement is entirely relevant and IMO obviates the need for the 3 month process for objections. KB only needs to obtain a court order and lodge it for the Commissioner's implementation, I reckon.

Last edited by pow4ade: 31/03/16

AVQ Price at posting: 38.0¢ Sentiment: Hold Disclosure: Not Held
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