LawyersOpinion
Re-thinking Section 98 of the Land Act, 2020
This paper considers the scope of section 98, the challenges the section poses and suggests an interpretation that the authors think gives effect to the likely intent of the lawmaker
On December 23, 2020, the Land Act, 2020 (Act 1036) was assented to and became law, repealing several enactments such as the Land Registry Act, 1962 (Act 122), Land Title Registration Act, 1986 (P.N.D.C.L. 152) and Administration of Lands Act, 1962 (Act 123).
The Act was one passed to ‘revise, harmonise and consolidate the laws on land to ensure sustainable land administration and management, effective and efficient land tenure and to provide for related matters.’
Among several other new provisions in the new Act was the introduction of a pre-requisite to the commencement of any action in court concerning land in a registration district.
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