Adjudication of Title Act
- Assented to on 6 August 1971
- Commenced on 10 August 1971
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
Part I – Preliminary and application
1. Short titleThis Act may be cited as the Adjudication of Title Act.
2. InterpretationIn this Act, except where the context otherwise requires—“adjudication area” means an area to which this Act has been applied under section 3;“Adjudication Officer” means an Adjudication Officer appointed under section 4;“Adjudication Record” means the Adjudication Record prepared in accordance with the provisions of section 18 in respect of an adjudication section;“adjudication section” means an adjudication section declared under section 5;“charge” bears the meaning ascribed to that word by the Registered Land Act;[Cap. 58:01]“Deeds Registrar” bears the meaning ascribed to that term by the Deeds Registration Act;[Cap. 58:02]“Demarcation Map” means a demarcation index map prepared under section 13 in respect of an adjudication section;“Demarcation Officer” means a Demarcation Officer appointed under section 4;“easement” bears the meaning ascribed to that term by the Registered Land Act;[Cap. 58:01]“guardian” means any person (whether under customary law or otherwise) responsible for protecting the interests of any person who is under a disability, whether by reason of age, unsoundness of mind or any other cause;“interest in land” means any right or interest in or over land which is capable of being recorded under the provisions of this Act;“land” includes land covered with water, all things growing on land, buildings and other things permanently affixed to land;“piece” means a piece of land separately shown on a Demarcation Map and thereon given a number;“profit” bears the meaning ascribed to that word by the Registered Land Act;[Cap. 58:01]“Recording Officer” means a Recording Officer appointed under section 4;“the register”, “to register”, “registered” and “registration” bear the meanings ascribed to those terms by the Registered Land Act;[Cap. 58:01]“Registrar” bears the meaning ascribed to that term by the Registered Land Act;[Cap. 58:01]“Survey Officer” means a Survey Officer appointed under section 4.
Part II – Officers
4. Appointment and general powers of officers
Part III – Claims and demarcation
5. Adjudication sectionsThe Adjudication Officer shall divide each adjudication area into two or more adjudication sections or declare the whole area to be a single adjudication section, and shall give each such adjudication section a distinctive name.
6. Notices by Adjudication Officer
7. Staying of land suits
8. Claims and attendance
9. Safeguarding of rights of absent persons and minors
10. Notice of demarcation and recording
11. Indication of land claimedSubject to any general or particular directions issued by the Adjudication Officer, the Demarcation Officer shall within each adjudication section—
12. Special powers of Demarcation Officer
13. Duties of the Survey OfficerSubject to any general or particular directions issued by the Adjudication Officer, the duties of the Survey Officer shall be—
14. Duties of Recording OfficerThe Recording Officer shall consider all claims to any interest in land and after such investigations as he considers necessary shall prepare in accordance with the provisions of section 18 an Adjudication Record in respect of every piece of land shown on the Demarcation Map.
Part IV – Principles of adjudication and preparation of Adjudication Record
16. Principles of adjudication
17. Rules to be followed in adjudication
18. Adjudication Record
19. Notice of completion of AdjudicationWhen the Adjudication Record in respect of any adjudication section has been completed, the Adjudication Officer shall sign and date a certificate to that effect and shall forthwith, by Notice published in the Gazette, give notice of the completion thereof and of the place or places at which the same can be inspected together with the relevant Demarcation Map.
Part V – Objections and finality
20. Objection to the Adjudication Record
21. Procedure in hearing objections
22. Correction of Adjudication Record
23. Finality of Adjudication RecordAfter the expiry of sixty days from the date of the publication of the notice of completion of the Adjudication Record, or on determination of all objections in accordance with section 20, whichever shall be the later, the Adjudication Record shall, subject to the provisions of the Registered Land Act, become final and the Adjudication Officer shall sign a certificate to that effect and shall deliver the Adjudication Record and the relevant Demarcation Map to the Registrar, together with all documents received by him in the process of adjudication.[Cap. 58:01]
Part VI – Appeals
Part VII – Miscellaneous
25. FeesEvery person who is a party to any proceedings under section 20 shall be required to pay such fees in respect of the proceedings as may be prescribed.
26. OffencesAny person who—
27. Indemnity of officersNo officer shall be liable to any action or proceedings for or in respect of any act or matter in good faith done or omitted to be done in exercise or supposed exercise of the powers conferred by this Act.
28. RegulationsThe Minister may make Regulations for the purpose of carrying into effect the provisions and purposes of this Act.
History of this document
10 August 1971
06 August 1971