Customary and granted land right of occupancy by Johnson Yesaya

As per Land Act No. 4 of 1999, land is the surface of the earth and the earth below the surface and all substances other than minerals and petroleum forming part of or below the surface, things naturally growing on the land, buildings and other structures permanently affixed to land;

            Granted Right of occupancy is the right to use land, given to citizens of Tanzania by President. GRO can only be revoked by a president.

Types of Granted Right of Occupancy

The Rights of occupancy can be categorized on the basis either of duration or function.  (i) The time/duration classification  This category includes, long term rights of occupancy (99 years), short term rights of  occupancy (less than 99 years but not less than 5 years) and periodic term rights of  occupancy (year to year or not more than 4 years).  

(ii) Functional classification  Under the functional classification, the rights of occupancy includes:- agricultural,  pastoral land, mixed agricultural and pastoral land, and building purposes.

Incidents of the Granted Right of Occupancy

These are provided under section 22 of the Act. The incidents define the granted rights of occupancy as to be granted by the president, in general or reserved land,  the land  which has been surveyed, has to be registered under the Land Registration Act, Cap 334 to be valid and indefeasible, for a period of up to but not exceeding 99 years, at premium, for an annual rent, subject to conditions, liable to revocation and liable to  compulsory acquisition by the state for public purposes subject to the prompt payment of  compensation. The granted right of occupancy does not confer water rights, rights  over the foreshore, mineral rights, and rights to extract gas. Section 23 of the land Act aimed at solving the squatter problem. Residential licence can  be granted to a person who occupies land in non-hazardous land  and reserved for public utilities, surveyed land, urban or peri-urban area for a given period of time. Individuals entitled to this right are those who have occupied land as their home without  official title for not less than 3 years. A residential licensee who has occupied land with  his family for more than 3 years is entitled to compensation where land is acquired for  public purpose under the Land Acquisition Act of 1967. A residential licence is not assignable, it binds the successor in title to the licensor who  obtains the land with actual or constructive notice of the licence, where it has been enjoyed for not less than three years, it has to be compensated if land is to be acquired for a public purpose or where the occupier is to be removed from the land as if that person or family had a right of occupancy in the land.

Powers of Local Government Authorities in Granting Rights of occupancy.

Residential License. A Local Government Authority can grant a residential license subject to the following conditions. (a) to any person occupying land without official title or right within the area of  jurisdiction of that local authority as his home;(b) for a term which shall not be less than six months and not more than two years which  may be renewed for a similar term; and  (c) subject to any conditions, including conditions as to the payment of any fees or  charges which may be specified in the license or which may be prescribed.

 Conditions on the Right of Occupancy

A right of occupancy is normally accompanied with conditions. The conditions are one of the ways in which the Government can ensure control and regulate development in land If properly used, the conditions can facilitate orderly land-use planning with the support of planning law

Length of the Term of the Granted Right of Occupancy

As noted the duration of the right of occupancy is definite. A right of occupancy may be granted for a term up to but not exceeding ninety-nine years; for a term together with an option for a further term or terms which together with the original term may be up to but shall not exceed, ninety-nine years; or from some lesser periods. 230 Where the right of occupancy comes to an end through afflux ion of time the person or organization occupying the land shall if complied with the terms and conditions be offered a renewal of that right of occupancy before being granted to any other person.

Change of Use

An occupier of land may apply to the commissioner for a change or variation to that right of occupancy so as to enable him to undertake developments or use of that land or disposal of the whole or part of that land in connection with the development of that land which is not permitted. 233 In order for an approved change of use to take effect it must have been endorsed on the certificate of occupancy, signed by the commissioner with his official seal and all additional rent have been paid.

Disposition of Right of Occupancy

Generally, a disposition of a right of occupancy does not require the consent of the commissioner or authorized officer 235 instead it requires notification. 236 Once the commissioner has received the notification he may issue the parties a notice requiring them to submit additional information or apply for approval. 237 It need to be stressed at this juncture that what section 36(2) intended was to provide room for the government to either opt requirement of consent or approval. The Minister vide GN 74/2001 made regulations that differentiated between categories of disposition that require approval and those that do not require approval. Therefore the old requirement of consent has now been dispensed with. What has been adopted in the law is approval and not consent. Perhaps a word on the legal difference between the two is apposite. Although practically there seem to be no difference between consent and approval, impliedly consent require the fulfilment of certain conditions before fundamental steps are taken while approval signifies the non-delegable power of the Government as the superior land lord to sanction any transaction affecting a right of occupancy. As it can be noted the approval is not as restrictive as consent but a mechanism to ensure that formalities are complied with. As provided under section 37(1) the commissioner can approve categories of disposition. These are:- where the assignment of right of occupancy granted to the assignor is less than 3 years before the proposed assignment is to take effect, a loan granted by a lender, exercise of the on the security of mortgage, disposition of a right of occupancy or lease in the 
exercise of the power of sale or lease. 238 According to section 39 (1) of the Land Act an application for a grant of approval for a disposition is (a) made on a prescribed form; (b) signed by all the applicants; (c) accompanied by any other information which is prescribed or which may be required by the Commissioner; (d) accompanied by any fees which may be prescribed. A disposition which has been carried out without approval of the commissioner is inoperative. The requirement for approval under this section does not absolve an occupier other requirement to obtain any other consent, approval, permit, licence, or other authorisation in respect of that disposition or for the use and development of the land to be acquired through that disposition under any other law. 239 The commissioner can approve sale of a bare land if such sale complies with the provisions of section 9 of the Land Act.The sale of a bare land may be made to a citizen of Tanzania. But where the land has been granted upon conditions, the purchaser must agree to comply with development conditions to make the sale lawful. Such sale can be by auction or tender, and it can be of a mortgaged land.

Breach of Conditions of Right of Occupancy

A breach of condition requiring continuous performance arises as soon and continue as long as the condition is not complied with. This means failure to comply with the obligations or liabilities constitutes a breach of the condition. 242 Where the occupier of land has breached the conditions of the right of occupancy certain consequences follow. The law empowers the President to revoke 243 the right of occupancy for good cause. Good cause includes breach of condition contained in the right of occupancy. Other good causes include abandonements (un-used) for 2 years, attempted disposition of the right of occupancy to a non-citizen contrary to the Act and any other law etc. A right of occupancy which has become liable to be revoked ceases to be liable if the breach is subsequently remedied.

Fine for Breach of Condition

Where breach has arisen the commissioner may serve a notice on the occupier to show cause as to why a fine should not be imposed upon him in respect of such breach. The occupier  is supposed to respond to the notice within a specified time. If the occupier has not committed such breach the commissioner may suspend the payment of any fine for 2 years and if he does not commit fraud within such period of time the fine will lapse and won’t be payable anymore.  In SARJIT SINGH v SEBASTIAN CHRISTOM (1988) TLR 24 it was stated that the grant of Right of Occupancy is not automatic as some people tend to think, or would it necessarily follow after the offer is communicated. A right of occupancy is created by the approval of the applicant's application for the grant of the same (i.e. a right of occupancy) and the acceptance by the applicant of the granted right; One first gets an offer, the offer must then be accepted. Once it is accepted the real title is granted. A right of occupancy over a plot is granted by a Letter of Offer and then accepted by the offeree. The latter must pay the requisite fees and supply the information required in the letter of offer to constitute acceptance on his part. Once this is done a right of occupancy is created and granted to the grantee. Likewise revocation must be done by someone who has power to revoke titles otherwise it will be of no effect. In the case of  Patman Garments Industries Ltd. v Tanzania Manufacturers Ltd. [1981] T.L.R. 30 In Colonel Kashmiri v Naginder Singh Matharu (1988) TLR 163 The respondent was allocated a piece of land by the Urban Planning Committee on 18th November, 1980 on condition that he pays the necessary fees within thirty days from date of offer. He was delayed in paying the fees by the land officer who told him to wait until certain matters concerning resurvey of the surrounding areas were completed. Two months after the respondent was allocated the plot, the appellant was also allocated the same plot. The trial judge found that the respondent obtained the plot through approved channels and the late payment of fees by him was duly authorized. The appellant's application, on the other hand, did not follow the proper procedures and was not approved by the Director for Land Development Services. In Rajabu Hassara v Saraya Rashid (1983) TLR 111 the appellant was offered the right of Occupancy in respect of a certain plot in 1968. The Right of Occupancy was eventually revoked by the President for alleged non-compliance with the conditions stipulated in the Right of Occupancy in question. The crux of the appeal is whether or not there had been "good cause" for the revocation of the Right of Occupancy, following which the said plot was reallocated to the respondent. It was held inter alia that non-compliance with the conditions stipulated in the Right of Occupancy constitutes "good cause" for the right to be revoked. In Agro Industries Ltd v AG (1994) TLR 43 it was stated that notice before revocation was important and the whole purpose of issuing a notice to revoke a right of occupancy is to afford a party an opportunity to put up a case against the proposed revocation.

           

            customary right of occupancy;

Customary right of occupancy means right of occupancy created by means of the issuing of a certificate of customary right of occupancy under section 27 of the Act and includes deemed right of occupancy 254 ie must have been allocated by Village Council. Deemed right of occupancy on the other hand means the title of a Tanzanian citizen of African descent or a community of Tanzanian citizens of African descent using or occupying land under and in accordance with customary law. It can be acquired under customary law through inheritance, clearing a virgin forest, purchase. Customary right of occupancy therefore includes land allocated by the village council and land acquired under customary law (e.g through purchase, clearing forest, gift inheritance) and held by villagers. It is important to be borne in mind that the tenure that applies in villages is customary tenure. Such tenure include rights allocated by village councils as it shall be dealt in this chapter and deemed rights which are not allocated by the Village Council. Such rights are more informal and can be acquired through the means stated above. A discussion on the application procedure will thus focus on the rights granted by the Village Council as the custodian of village land and not deemed right of occupancy. One may however decide to obtain a certificate of customary right of occupancy for his deemed right. Section 12 of the Village Land Act divides village land into three groups. The groups are:- communal village land , occupied or used land and occupational land. Communal village land and occupational land may be made the subject of a grant by a village council to the occupier of that land or a citizen who is a villager or a group of citizens who are villagers or any other citizens by means of a document to be known as a certificate of customary title. The occupational land may also be the subject of derivative right granted by a village council. Village Land can be occupied by villagers and non villagers. Non villagers include non- village organisation. Such organization include;- a government department or any office or part of it; a public corporation or other parastatal body or any office, part, division or its subsidiary body; and a corporate or other body, a majority of whose members or shareholders are citizens registered or licensed to operate under any law for the time being in force in Tanzania applicable to that corporate or other body which does not consist of a majority of the members of the village; or any similarly composed subsidiary of that corporate or other body. Where a non-village organisation has occupied village land under a granted right of occupancy, before the commencement of the Act that granted right of occupancy shall, continue although it exists in village land, for the remainder of its term. 263 In such a case the Commissioner shall continue to be responsible for the management of the right of occupancy. But if the village council has managed the village land in an efficient manner to the satisfaction of the Commissioner he may,delegate  his functions of managing a right of occupancy in writing to that village council subject to any conditions which he shall think fit to include in the instrument of delegation. 265 After the coming into operation of the Act, any non-village organisation which wishes to obtain a portion of village land for the better carrying on of its operations may apply to the village council for that land, which shall recommend to the Commissioner for the grant or refusal of such grant

            Applicable Law in Customary Rights of Occupancy

Section 14 of the Village Land Act defines the land which can be held under customary right of occupancy to include any village land and any general land occupied by persons who immediately before the coming into operation of the Act held that land under and in accordance with a deemed right of occupancy. It has been further outlined that a person who has occupied land for not less than ten out of twelve years immediately preceding the enactment of the Act in an urban or peri-urban area as his principal place of residence and does not occupy that land as a tenant of another person to whom the Urban Leaseholds (Acquisition and Regrant) Act could apply, or under a granted right of occupancy, will be deemed to have occupied that land under a customary right of occupancy. 267 Under the provisions of section 20(1) and (2) of the said Act the law applicable on any matter concerning customary rights and obligations of a person, or a right of group of persons occupying land under customary right of occupancy is customary law. 268 In view of that any rule of customary law and any decision taken in respect of land held under customary tenure, must take into account customs, traditions, and practices of the community concerned to the extent that they are in accordance withthe provisions of sections 9 and 9A of the Judicature and Application of Laws Act. Any decision that denies women, children or persons with disability lawful access to ownership, occupation or use of any land held under customary tenure is void and in operative.

            Application Procedures for Customary Right of Occupancy

Application for a customary right of occupancy is made to the Village Council of the respective Village. 270 There are two types of applicants: - Ordinarily residents in the village and non ordinary residents in the village. Ordinary resident in a village includes:- (a) an individual person, a family unit, a group of persons recognised as such under customary law or who have formed themselves together as an association, a primary co- operative society or as any other body recognised by any law which permits that body to be formed, who is or are villagers, (b) a divorced person who prior to the marriage breakdown was a villager and has left for not less than two years, his or her spouse, and any citizens. Non-ordinary residents in the village include a person or group of persons not ordinarily resident in the village. 272 Application for a customary right of occupancy must be:- (i) made on a prescribed form; (ii) signed by the applicant; or where the application is made by a family unit, signed by not less than two persons from the family unit; or where the application is by a group of persons recognised as such under customary law, signed by not less than two persons who are recognised by that law as leaders or elders of the group; or where the application is by a group of persons formed into an association, a primary cooperative society or a body under a law which recognises that body, signed by not less than two duly authorised officers; where the applicant is a person or group of persons referred to in subsection (2); signed by not less than five villagers who are not related to any of those applicants or a duly authorised agent of any of the applicants.  iii) The application must be supported by a declaration concerning any other land in Tanzania held by the applicant; (iv) Accompanied by any documents and information which may be prescribed or which the village council may require; (v) Accompanied by any fee which may be prescribed; (vi) Where the applicant is a person or group of persons with no ordinary residence, accompanied by a signed and witnessed statement that the applicants intend to establish or commence the construction of their principal place of residence in the village within three months of obtaining a customary right ofoccupancy; (vii) submitted to the village council or its authorized officer.

            Determination of Application for Customary Right of Occupancy

Determination of applications for customary right of occupancy is done by the village council within 90 days of the submission of an application or within 90 days of the submission of further information or a satisfactory explanation for its non-availability.

             Factors to Take into Account in Determining Application for Customary Right Occupancy

In determining whether to grant a customary right of occupancy, the village council must consider certain factors. The factors include:- (a) any decisions that have been reached by any committee or other body on the adjudication of the boundaries to and rights in the land which is the subject of the application for a customary right of occupancy, (b) any guidance from the Commissioner concerning an application from a non-village organisation; (c) equality of gender ie (i) not to treat an application from a woman, or a group of women less favorably than an equivalent application from a man, a group of men or a mixed group of men and women; and (ii) not adopt or apply discriminatory practices or attitudes towards any woman who has applied for a customary right of occupancy.

            Application from Non Village Organizations

Before dealing with an application from a non-village organisation, the village council must seek guidance from the Commissioner. In giving the advice the commissioner takes into account-(i) any advice which has been given to the application by the district council or as the case may be the urban authority having jurisdiction in the area where the village is situate (ii) the contribution that the non-village organisation has made or has undertaken to make to the community and public facilities of the village; (iii) the contribution to the national economy and well-being that the development for which the right of occupancy is being applied for is likely to make; (iv) whether the amount of land in respect of which the non-villag Organisation is seeking a right of occupancy is so extensive or is located in such an area that it will or is likely to impede the present and future occupation and use of village land by persons ordinarily resident in the village; (v) any other matters which may be prescribed. 275 Where the application is from a person or group of persons ordinarily resident in the village, the Village Council must have regard to: - (i) where the applicant already occupies village land under a customary right of occupancy whether the allocation of additional land under a customary right of occupancy would cause that applicant to exceed the prescribed amount of land which a person or group of persons may occupy in that village; (ii) where applicant already occupies land under a customary right ofoccupancy, whether all the terms and conditions subject to which that right of occupancy is held and all other regulations relating to the use of that land have been strictly complied with and if they have not, the reasons for any noncompliance (iii) whether the applicant has or is likely to be able to obtain access to the necessary skills and knowledge to be able to use the land applied for productively and in accordance with the terms and conditions subject to which the customary right of occupancy will be granted and all other regulations applying to the use of the land for which the right of occupancy is being applied for; (iv) the extent and manner in which the applicant, if an individual, intends to make provision for any dependants that the applicant may have or will, if the applicant dies, have out of the land; ( v) any other matters which may be prescribed. Together with the advice from the Commissioner where the applicant is a non-resident person or group of persons the Village Council must consider the following:- (i) the amount and location of the land the applicant is applying for; (ii) the purpose for which the applicant is intending to use the land and whether that purpose accords with any village development or land-use plan; (iii) the matters referred to in subparagraphs (i) and (iii) of paragraph (d); and subparagraphs (iii) and (iv) of paragraph (e); (iv) any other matters which may be prescribed. After considering all the necessary factors the Village Council can grant or refuse to grant in respect of all or a part of the land applied for a customary right of occupancy to the applicant. Where an application is refused, the applicant can request the village council to furnish him with a statement of reasons for the refusal.

            Offer of Customary Right of Occupancy

Where a village council has determined to grant a customary right of occupancy to an applicant, it is required to send or deliver to the applicant an offer in writing. The offer must be signed by the chairman and secretary of the village council, in a prescribed form, setting out the terms and conditions subject to which it will grant that customary right of occupancy to that applicant

            Acceptance of the Offer

Where an applicant has received an offer in writing he is required within not more than 90 days to reply in writing and sign in the prescribed form either (a) accepting that offer or (b) refusing to accept that offer, and send or deliver that reply to the Village Council or its authorized officer. The acceptance of an offer may be made conditional. A conditional offer will only be effective once the conditions for its acceptance are substantially complied with. For instance the offer may be conditional upon the payment of a sum of money by way of a premium, an advance payment of rent, a deposit or any tax or due to the village council or any other person or Organisation named in the offer. In such a case acceptance shall not operate to conclude a contract for the grant of a customary right of occupancy unless and until that sum of money is paid in full to the Village Council. Once the Village Council has received a sum of money as required, it must immediately provide, a receipt for that payment to the person who made that payment. Where at any time it is discovered that the customary right of occupancy was effected by a corrupt practice, that customary right of occupancy shall be deemed to be void and of no effect. The grantee of that void customary right of occupancy shall, immediately become a trespasser on that land, liable to suffer penalties applicable to trespassers. He can also be sued for his corrupt practices under any relevant law. Where a contract of a customary right of occupancy has been concluded, the village council is required within not more than ninety days of that conclusion, grant a customary right of occupancy to the applicant who accepted the offer referred to in section 23 by issuing a certificate, to be known as a certificate of customary right of occupancy. A certificate of customary right of occupancy has to be (a) in a prescribed form; 283 (b) signed by the chairman and secretary of the village council, (c) signed or marked with a personal mark by the grantee of the customary right of occupancy to which it relates at the foot of each page of the certificate, and (d) signed, sealed and registered by the District Land officer of the district in which the village is situated.

            Duration of Customary Right of Occupancy

Customary right of occupancy may be granted for different duration. Generally in a definite term. The common duration under customary right of occupancy are:- (a) for a term which may be indefinite (without time limit) or any length of time less than an indefinite term(for a time limit) to a person who is a citizen, or a group of persons all of whom are citizens. (b) for a term together with an option for a further term or terms which together with the original term may be up to but shall not exceed ninety-nine years (a maximum of 99 years); (c) from year to year or for periods of less than a year determinable by the village council by one year's notice or less and whether or not the grant includes an initial fixed term it does not exceed four years.

            Option for Further Term

Where a right, of occupancy has been granted for a term certain, with or without an option for a further term or terms certain no reduction in the length of that term certain or the term or terms certain contained in the option or options can be made to or introduced in the option or options or be made to or introduced into that right of occupancy by the village council without the agreement of the occupier. 290

            

The village council may require the payment of an annual rent for customary right occupancy

            Conditions

Every customary right of occupancy shall be granted subject to conditions. 292 Any person who signs a certificate of customary right of occupancy bind himself and the group he represents to observe and comply strictly with each and every condition contained in that certificate of customary right of occupancy. Implied Conditions in customary rights of occupancy includes:- (a) use and take steps to ensure that those persons occupying and working the land with the occupier or occupying and working the land with his permission will:- (i) keep and maintain the land in good state; and (ii) in the case of land to be used for farming, farm the land in accordance with the practice of good husbandry customarily used in the area; and (iii) in case of land to be used for pastoral purposes, use the land in a- sustainable manner in accordance with the highest and best customary principles of pastoralism practised in the area; (b) Obtain any permissions that are required to be obtained before any buildings are erected; (c) Pay any rent, fees, charges, taxes and other required payments due in respect of his occupation of the land as and when such imposts fall due; (d) Comply with all rules, including all rules of customary law and all by-laws applicable to the land and all lawful orders and directions given tohim by the village council or any person acting with the authority of the village council relating to his use and occupation of the land or any orders of any local or other authority having jurisdiction over land in„ the area where the land is situate or any orders of any officer exercising powers under this Act; (e) Retain and keep safe all boundary marks, whether natural or otherwise on or at the boundaries to the land; (f) Remain residing in the village but where he is to be temporarily absent, make all proper arrangements for the land to be managed and used in accordance with the conditions set out in the Act. According to section 48 of the Act no grant of a customary right of occupancy can be made to any person, group of persons or non-village organisation unless and until the boundaries of and interest in that land have been adjudicated. Except is only where the boundaries and interest in land is registered under any law applicable to the registration of village land, or the boundaries and interests in land are fully accepted and agreed to by all persons with an interest in that land. There are three types of adjudication namely; spot, village and District adjudication.

            Disposition of Customary Right of Occupancy

A transfer of customary right of occupancy from a villager to another does not require approval but notification to the Village Council. An assignment of a customary right of occupancy may be made to a person or group of persons not ordinarily resident in a village if and only if: (a) the village council approves of the assignment; (b) there is an agreement prior to the assignment; (c) in event of termination of the agreement the assignment shall be made to a citizen etc. 297 The parties to a proposed assignment shall notify the village council on a prescribed form of that proposed assignment not less than sixty days before it is proposed. 298 The village council shall disallow an assignmentwhich:- (a) would result in the assignee occupying an amount of land in excess of the prescribed maximum for that village; (b) would operate or would be likely to operate to defeat the right of any woman to occupy land under a customary, right of occupancy, a derivative right or as a successor in title to the assignor; (c) would result in the assignor occupying an amount of land insufficient to provide for his livelihood or where he has a family or other dependants, for their livelihood; (d) is to be made to a person or group of persons referred to in subsection (2) etc. A disposition of a derivative right shall require the approval of the village council having jurisdiction over the village land out of which that right may be granted. The grant of a lease, a licence, a usufruct or an equivalent interest in customary law from year to year or for a lesser period to a person ordinarily residing in the village from a person ordinarily residing in the village etc shall not require the approval of the village council.

            Surrender of Customary Right of Occupancy

A villager or group of customary villagers or any other person or persons holding a customary right of occupancy, may, subject to the provisions of section 35 Village Land Act, surrender the customary right of occupancy which has been granted to him or them. 302 Where land has been surrendered, it may be re-granted upon two options subject to a certain order. In the first option where the person who has surrendered the customary right of occupancy is a man (i) his wife; (ii) where he has more than one wife, his wives in order of seniority; and (iii) where he has no wife or all wives have declined to accept the offer, his dependants. In the second option where the person who has surrendered the customary right of occupancy is a woman (i) her husband; (ii) where she has no husband or is divorced from her husband or her husband has declined to accept the offer, her dependants in accordance.

            Breach of Condition of Customary Right of Occupancy

A breach arises where a condition is not complied with. 304 Types of breach, breach of a condition requiring continuous performance, breach of a condition subject to a fixed term, failure to fulfil any obligation in a condition requiring fulfilment of two or more separate obligations, failure to comply with regulations made by relevant authorities in a given area, and failure to comply with any rule of customary law applicable to the relevant land.

             Remedies for Breach of a Condition

The village council may do the following in respect of breaches. It may: - (a) exercise any remedy available under customary law; (b) impose a fine on an occupier in accordance with section 40; (c) serve a notice on the occupier in accordance with section 41 requiring the breach to be remedied; (d) serve a supervision order on the occupier in accordance with section 42; or (e) temporarily assign the customary right of occupancy to another person in accordance with section 43. Some breaches can be rectified. The action required for remedying any breach includes; (a) in the case of a positive condition or a requirement in a regulation or order, to do some act or thing, or the doing of any act or thing the omission of which constituted or formed part of the breach; (b) in the case of a negative condition, or a prohibition in a regulation or order, of the doing of those acts and things which are necessary or which the village council may direct to be done to put the land into the state in which it would be if the breach had not occurred.  Before taking any action in respect of a breach of a condition of the customary right of occupancy, the village council must consider:- (a) the nature and gravity of the breach and whether it could be waived; (b) the circumstances of the occupier; (c) whether the condition that has been breached could be remedied so as to obviate the breach. In case the village council wants to take action on the breach, it must first issue a warning to the occupier advising him that he is in breach of the conditions of the customary right of occupancy and how he may rectify that breach. 

            Revocation of a Customary Right Occupancy

The President may revoke a right of occupancy granted to a non-village organization or a group of persons who are not villagers. Section 46 and 47 of the Land Act on fines for breach of condition and summary action to remedy breach of condition applies to customary right of occupancy