REPUBLIC v REGIONAL LANDS OFFICER, HO; EX PARTE KLUDZE[1997-98] I GLR1028 - 1038
Land law and convincing-Family land-Registration of grant-Demand for statutory concurrence-Applicant family member granted freehold interest in family land by family-Grant evidenced by deed of gift-Demand by lands officer under article 36(8) for statutory concurrence as precondition for validity of deed of gift-Whether demand valid-Constitution, 1992, art 36(8).

Land law and conveyancing-Family land-Nature of interest-Grant of free­hold interest in family land by family to family member-Definition of stool land in article 295(1) excluding family land-Whether limitation in article 267( 5) on grant of freehold interest in stool land applicable to grant of family land-Lands Commission circular limiting grants of family land to leaseholds-Whether circular valid-Refusal by lands officer to register grant by family of freehold interest in family land to applicant family member-Whether mandamus to issue to compel lands officer to register applicant's deed of gift-Constitution, 1992, arts 267(5) and 295( 1 ).