AN ACT /urthn 10 uMtmd the Dwty on Documtnts ACI, / 981.

I assent.

(L.S.)

22nd May. 1985

ACT N.. IX of 1985

AN ACT /urthn 10 uMtmd the Dwty on Documtnts ACI, / 981.

BE IT ENACI'ED by lhe President, by and with the advice and

consen t of the Howe of Representatives, iD this pRSCnt Parliament

a~sembJed, and by the authority 0( the same, as follows: -

This Act may be cited as the Duty on Documents (Amendment)

Act, 1985. and shan be read and construed as one witb the Duty 011

Documents Act. 198[, hereinafter teferred 10 as "the principal Act",

Immediately after sectiOll 28 of the principal Act then: shan be

insened the following proviso

"Provided that for the pCIrpo&e1l of this Act the expm.siOll.

"insun.nce" does DOl ioo::lude re-ill$Urance aDd e.q:.ressioos which

are derivatives theTeol' or related ~to shall be COIlStrucd

aCCQrdingly. ".

Immediately after section S3 ollhe principal Act there shall be

inserted the following DCW section

pnl..-,

SJA. (I) The perIOD. from whom Iny property was

~l.ip. of

acquired by the Government under the provioSiOll5 of section 53

~~=.:.. $hall h.,'c a right of prtfcrcnce in the case of alienation 01 such

of plOporty. property by Government

(2) No right of preIereoce under thi$ sectiOll

&hall be exercisable on the lapse of siJ< months from the date

of the filing of the schedule under se.:tion S3 of this Act.

(3) When: properly such as is referred to in snb-

5e("tion (I) of this section is to be disposed of, the CommissioueT

of Land shall, by means of an aCI enteml in the registry of the

court in which the Khedule was filed, dcdarc the amount

deemed by the Commissioner of Inland R evenlM: 10 be the

real value of the immovable sold or transferred for the

purpose of subsection (7) of section 53. and shaU also specify

the terms and conditions under which it is intended to dispose

of the immovable; the Commissioner of L arid shall attach to

the act a plan showing the eJ[tent and location of the said

immovable. and a copy of such act shall be served on Ihe

person from whom the property was acquired by the Govern-

ment.

When service of the act referred to in sub-

(4)

section (3) of this section is effected. the person so served shaU

re-aCQUlte the immovable if he

(a) within fifteen days of such service shall file a

note in the regisuy of the court refemxl to in sub·

section (3 ) of this section declaring that he accepts to pay

the amount deemed by the Commissioner to be the real

value of the immovahle and to acquire such immovable

under the tenns and conditions specified in the act; and

(b) deposits in the said regisuy , not later than four

working days after the date of the note, such amount

representing the real value of the property.

(5) The immovable with regard to which the

r igbt of prefetence is ClI:erciscd in accordance with the provi-

siollS of this section shall for all intents and purposes of law

be transferred in favour of the person exercising such right

upon effecting tbe deposit mentioned in subsection (4) of this

section without the necessity of any further formality other-

wise required by any olber taw.

(6) The schedule of deposit referred to in para-

graph (h) of subsection (4) of this section shall contain -

the Dame and surname of the transferee, his

(i)

place of birth, his place of residence. his profession,

trade or other natus. nis father's name aDd mother5

name and maiden surname. or in the case of a body of

pcr&OIlS the corporate name of such body of penons and

the particulars relative to its incorporation; and

(m the designation in accordance with section 7

of the Public R.q:istIy Act or section 46 of the Land

Registration Act, as the case may be. of the immovable

in respect of which the right of preference is ClI:ercised.

(7) The ming of the schedule under this section

shall, in respect of the property to whieh the schedule mem,

operate in like manner and sllaU have the force and effect

as a judgment which directly adjud~s the transfer of that

property to the person effecting that deposit, and section 237

of the Code of Orxanizatioo and Civil Procedure shall apply

diereto ....

Immediately after sectIOn ~lA of th r IJ ri nr ipal Art th el'e shall

be added the follOwing new sectiou;

538. (\) Saving the provisions of scetioo !i3A of this

Act, where at . oy time within !he period of five yeai'll from

the dale of its acquisition .oy pt'opert)' acquired uDder leCtion

53 of this Acl is to be dispoled of by Government in accord-

ance with tbe provisioos of ""rap-ph (1) of mb5ection (I)

of ~ 3 of the Disposal of Goverrunenl Land Act. 1976.

!he penon from whom that property was 10 acqu ired IlbaU

have a right of first rcfllSll on that disposa l.

(2) Fer the purposca of this section the expres-

sion "a right of first refusal" means the righ t to a<:quire that

prope. 1y al • price equivalent 10 that of the h\ibeSt tender

made under tbe aforesaid provisions of the said Aet, even

where no lender has been made by the person having that

right.

t )) In the cue of any IUCh disposa l the Oorn-

missiooer of Land sllall, by means of 1 judicia! leuer, notify

the higllest price tendered 10 the pcnon having the right of

fint refusal, and if within fifteen days of IlM:h notification

that penon shall not have signified by means of a judicial

letter to the Commissioner of Land his williogness 10 acquire

the properly at the price so offered, such right .hall cease to

be ~crcisablc. ",

S. Immediately after IIOCrion !i3D of the principal Act !here shan

be added the following new section

S3C. The Min ister responsible tor land Ihall withinooe

month . or if the House is nO( ,itting during such period not

later than the firllt sitting after sucb period. lay on the T able

of the House a repoon of any transfer made in ao::ol'l1aoc:e

with the provi3iOlU of Jeetions o53A a nd 053 8 of thit Act.".

NO(withsraooing the provisions o f wbsoction (2) of SClCtion o53A

of the principal Act. in respect of any propeny acquired by Govern-

ment under 9OCtioo 053 of that Act. before the C<XDing into fOR:c or this

Act. the period of,il months laid down in thl t sub&ectioa for the

exertise of the right of preferenec. shall commence 10 run from the date

of the coming ioto force of thit Act.

Passed by !he HOU5C of Represenlalivu at Sitting No. 205 1 of the 20th May, 19805.

JOHN 8 UT11(;IEG.

Actin, S(Ha~r

Ckrlc /0 rht! House of Rt prt#n /aril'U

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