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
SI 361 of 1967.
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.
[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.
These Rules may be cited as the Zambia Tanzania Pipeline (High Court) Rules.
An application under section 9 of the Act shall be made by petition in writing filed in the Registry of the High Court.
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.
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.
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.
The petitioner may appear in person or by a legal practitioner and may adduce evidence.
The company and the Government may appear by legal practitioner and may adduce evidence.
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.
The High Court may in its discretion receive evidence by affidavit in addition to or in substitution for oral evidence.
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.
The High Court may adjourn the hearing from time to time.
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.
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.
(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.
The fee units payable to the High Court shall be as follows–
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