Act 16
Land Act
1998
(4) Where any transaction is entered into by a purchaser
in good faith and for value without notice that subsection ( l) of
this section has not been complied with, the transaction shall be
void but the purchaser shall have the right to claim from any
person with whom he or she entered into the transaction any
money paid or any consideration given by him or her in respect
of the transaction.
(5) A consent referred to in subsection (1) shall not be
unreasonably withheld.
(6) Where the consent referred to in subsection (1) is
withheld, a person aggrieved by the withholding of the consent
may appeal to the Land Tribunal and the Tribunal shall require
the spouse or children of majority age or the Committee as the
case n1ay be, to show cause why they cannot give consent and
may, in its discretion, dispense with the consent.
(7) The spouse or children of majority age, not being the
owners of any land to which subsection ( 1) applies, may lodge a
caveat on the certificate of title or certificate of customary
ownership of the person who is the owner of the land to indicate
that the property is subject to the requirement of consent under
subsection ( 1).
(8) The Committee may, on behalf of the children below
majority age or orphans below majority age and not being
owners, take action similar to that described in subsection (7) of
this section.
(9) In this section"notice" means actual or constructive notice;
"purchaser" means a grantee, lessee, sub-lessee,
assigne~, mortgagee, chargee or other person who
acquires an estate or an interest or right in the land.
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