Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

This question is regarding forfeiture of land by Land administrator which governed by National Land Code 1965, the most crucial question here is what is

This question is regarding forfeiture of land by Land administrator which governed by National Land Code 1965, the most crucial question here is what is the correct procedure for the Land Administrator to forfeit land.

Question as follows:

The appellant, Farin Development Bhd. ('Farin') bought a piece of a land held under the category 'agriculture' and was registered as the proprietor in 2000. One year later it constructed a huge four storey complex on the land for the purpose of manufacturing tyres. In June 2003, Farin received a notice from the Land Administrator informing it as follows:

That Farin has committed a breach of condition on the land;

That the breach arose in that:

The use of the land for industrial purposes in breach of the category of land use 'agriculture'

The four storey building constructed on the land was in breach of an implied condition under the National Land Code 1965.

That Farin was to appear before the Land Administrator on 15th September 2003 to show cause why a fine should not be imposed on it.

Farin does not send any representative to the land office on the appointed date. In October 2003, Farin received another notice from the Land Administrator to again appear before the Land Administrator on 9th February 2004 to show cause why the Land Administrator should not declare the land forfeit to the State. Farin continues to ignore this notice. On 30th July 2004, Farin received yet another notice informing it that its land has been declared forfeit to the State Authority and has taken effect on the date of such notice.

The appellant now appeals to the High Court against the decision of the Land Administrator. The appellant contends that the Land Administrator had not followed the proper procedure for forfeiture and that the forfeiture provisions under the National Land Code, 1965 are unconstitutional. The respondent (Land Administrator) contends that the forfeiture proceedings were proper and the appellant had appealed out of time.

Prepare submissions for both parties.

(I need to prepare submission for both parties, have to insert cases and provisions to support their argument and positions)

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access with AI-Powered Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Financial Accounting

Authors: J. David Spiceland, Wayne Thomas, Don Herrmann

3rd edition

9780077506902, 78025540, 77506901, 978-0078025549

Students also viewed these Law questions