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CHAPTER 455 - ZAMBIA TANZANIA PIPELINE ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Zambia Tanzania Pipeline (Wayleaves) Order

Zambia Tanzania Pipeline (High Court) Rules

ZAMBIA TANZANIA PIPELINE (WAYLEAVES) ORDER

[Section 6]

Arrangement of Paragraphs

   Paragraph

   1.   Title

   2.   Wayleaves over private land

      SCHEDULE

SI 361 of 1967.

 

1. Title

This Order may be cited as the Zambia Tanzania Pipeline (Wayleaves) Order.

 

2. Wayleaves over private land

TAZAMA Pipelines Limited are hereby authorised to place any pipeline, whether above or below ground, into, out of or across, the private lands set forth in the Schedule.

SCHEDULE

[Paragraph 2]

Farm No. 

District 

Registered Proprietor 

2872 

Mkushi 

Geoffrey Frank Bollen. 

1672 

Mkushi 

Bruce Norman Goslin and Graham Vernon Goslin 

1673 

Mkushi 

Bruce Norman Goslin and Graham Vernon Goslin. 

2287 

Mkushi 

Unwin Jackson Moffat, John Smith Moffat and Robert Laws Moffat. 

1694 

Mkushi 

Eric Garfield Shorsbree. 

3004 

Mkushi 

Bernard Dick Keth. 


{mprestriction ids="2,3,5"}

2894 

Mkushi 

Vernon James Tidy. 

3351 

Mkushi 

Daniel Blair. 

3269 

Mkushi 

Norman Cecil Scolnik. 

3340 

Mkushi 

Valabhai Haribhai Patel. 

3281 

Mkushi 

Bhanwan Pema and Govindbhai Dahyabhai Patel. 

2907 

Mkushi 

Vallabhai Haribhai Patel. 

415 

Copperbelt 

Rhokana Corporation Ltd. 

a343a 

Copperbelt 

Chondwe Citrus Estates (1961) Ltd. 

Remaining Extent of Farm 1013 

Copperbelt 

Rocco Silena and Vito Silena. 

Sub. A of Farm 1013 

Copperbelt 

Leslie Huxtable Taylor.

ZAMBIA TANZANIA PIPELINE (HIGH COURT) RULES

[Section 9]

Arrangement of Rules

   Rule

   1.   Title

   2.   Application by petition

   3.   Petition

   4.   Service

   5.   Hearing

   6.   Petitioner

   7.   Company and Government

   8.   Answer

   9.   Evidence

   10.   Expert witnesses

   11.   Adjournment

   12.   Compensation

   13.   Assessment of compensation

   14.   Costs

   15.   Recovery, etc.

   16.   Prescribed fees

Act 13 of 1994,

SI 384 of 1968.

 

1. Title

These Rules may be cited as the Zambia Tanzania Pipeline (High Court) Rules.

 

2. Application by petition

An application under section 9 of the Act shall be made by petition in writing filed in the Registry of the High Court.

 

3. Petition

The petition shall be in numbered paragraphs and shall set out the name and address of the petitioner and the circumstances of the matter and the relief sought.

 

4. Service

Where the petition relates solely to an entry made in pursuance or purported pursuance of rights of entry given by section 4 of the Act, the applicant shall as soon as may be cause a copy of the petition to be served on the company. In any other case, the applicant shall as soon as may be cause copies of the petition to be served on both the company and the Attorney- General.

 

5. Hearing

The High Court shall fix a date for hearing not being less than fourteen days from the date of filing and shall notify the parties.

 

6. Petitioner

The petitioner may appear in person or by a legal practitioner and may adduce evidence.

 

7. Company and Government

The company and the Government may appear by legal practitioner and may adduce evidence.

 

8. Answer

The company or the Government or both may file an answer to the petition not later than two days before the date of hearing and in such case shall serve a copy of the answer on the petitioner on or before the date of hearing.

 

9. Evidence

The High Court may in its discretion receive evidence by affidavit in addition to or in substitution for oral evidence.

 

10. Expert witnesses

Expert witnesses may be called in the same manner as any other witnesses but the maximum number to be called by any one party shall be three.

 

11. Adjournment

The High Court may adjourn the hearing from time to time.

 

12. Compensation

An applicant shall be entitled to be paid such reasonable compensation as the High Court shall determine—

      (a)   for any inconvenience or loss caused by an entry made in pursuance or purported pursuance of any right of entry under section 4 of the Act;

      (b)   for any inconvenience or loss caused by the laying and/or presence of a pipeline under the powers conferred by section 6 of the Act.

 

13. Assessment of compensation

   (1) In estimating the compensation to be given for any lands or for any right or interest in lands, acquired under section 7 of the Act, the High Court shall assess the same on the market value of such lands, right or interest on the date of acquisition.

   (2) The High Court shall also take into account any damage or inconvenience suffered by the applicant by reason of the severance of land from other lands in the ownership or occupation of the applicant or by reason of the fact that part only of his right or interest is acquired.

 

14. Costs

The applicant’s costs of proceedings in the High Court shall be paid by the other party to the proceedings and where both the company and the Government are parties the costs shall be apportioned between them as the High Court shall decide:

Provided that—

      (i)   where the applicant has, prior to filing his application, been offered compensation of an amount equal to or greater than that assessed by the High Court, each party shall abide his or its own costs;

      (ii)   where the High Court considers that the refusal by the petitioner of an offer was unreasonable, the petitioner may be ordered to pay such costs of the other party or parties as were incurred after the other was made.

 

15. Recovery, etc.

   (1) The provisions of Part IV of the State Proceedings Act shall apply in respect of the payment of compensation and costs awarded by the High Court against the Government and in respect of the recovery thereof.

   (2) Compensation and costs and interest thereon awarded against the company may be recovered as a civil debt.

 

16. Prescribed fees

The fee units payable to the High Court shall be as follows–

On filing a petition 

45,000 fee units 

On filing an answer 

45,000 fee units

[Am by Act 13 of 1994.]{/mprestriction}