Hi Pow4ade, There is good reason for strict compliance with Part...

Hi Pow4ade,

1. There is good reason for strict compliance with Part V Division 1. When in the particular case of customary land, there is a failure on the scale of the present case to observe the requirements, there is a real risk that many of the landowners may not agree, yet their wishes may not have been properly solicited or considered. Some may remain unaware of the suggested change from customary to registered land or the consequences until it has happened. Is it seriously to be suggested that they should be deprived of rights to their land by a stealthy imposition of an indefeasible title? What is certain in the LandandTitlesActis that, once registration has properly taken place, it will not be possible ever to revert to customary land and so proper and adequate notice of such an intention is essential.

The section above is from the CoA and refers to the section we are discussing. The CoA ruled it valid when considering customary law.

Also you have said that the section 66 from the Land Titles Act is not relevant because it is Torrent-System (western) law, however then go to say that the CoA ruling is relevant (but that is the same style of law system). However again I refer above where it states that Part V Division 1 needs to considered with the upmost importance when converting Customary Land (in Customary Law) to Register Land and therefor a torrent styled system. Also as the Land Titles Act is there to convert from Customary Land to Registered land then I would suggest it is highly relevant (as have to CoA).

AxiomKB can only obtain that Court Order after following the procedures for the very process that the procedure is there for IMO.

Thanks,
Tez