Tuesday, August 27, 2024

Frequently Asked Questions (FAQs) : Land, Physical planning, Ardhisasa, Succession in land & related matters

What is conversion?

Conversion is the process of migrating all parcels from the repealed land registration statutes to a unitary regime under the Land Registration Act, 2012.

What is the process of conversion?

It entails the following: (i) Preparation of cadastral maps together with a conversion list, (ii) Publication of the cadastral maps together with a conversion list, (iii) Lodgment and consideration of complaints, (iv) Closure of old registers and commencement of transactions in the new register (v) Application for replacement of title documents from the old registers.

How will I know the commencement date of transactions in the new register?

The date is captured in the Gazette Notice No. 11348 of December 31, 2020. It is also indicated in an advert appearing in the MyGov pullout of The Star of 12th January, 2021. This is in respect of parcels within Nairobi City County. The Ministry aims to complete the migration process in the entire Country by December, 2022.

What documents will I be required to present in my application for replacement?

A land owner will be required to present an application to the Registrar in Form 97 and attach thereto the original title and copies of their identification documents.

Are there any charges for replacement of my title?

It is absolutely free

Will the conversion process interfere with my boundaries?

No. Deed plans shall be replaced by RIMs (Registry Index Maps) as registration instruments. Boundaries will thus not be affected because RIMs are generated from existing survey plans.

Can I access the survey maps?

The survey maps will be made available to you on request.

What happens to the title I hold?

The conversion process does not affect ownership. Your title shall be replaced with a title under the Land Registration Act, 2012. In any case the replaced (old) title will be placed under safe custody by the registrar.

How do I lodge a complaint?

The complaint is submitted in writing to the registrar in Form LRA 96 in respect of information contained in the conversion list and the cadastral maps.

What if the registrar ignores my complaint?

The law requires a registrar to resolve the complaints submitted within 90 days. A complainant can also apply to the registrar in Form LRA 67 for registration of a caution pending the clarification or resolution of any complaint.

What are the things to look out for?

Gazette Notice on conversion, publication of the cadastral maps together with a conversion list in daily newspapers, Cabinet Secretary’s specification of date for commencement of transactions or dealings within the registration unit and replacement notices in newspapers and radio announcements.

What happens if my title is held by a third party?

Title documents held by third parties including banks, hospitals, courts etc. shall ONLY be replaced on the application by a proprietor. The proprietor will thus have to liaise with the third party to facilitate the replacement process.

Can the third-party change ownership?

No, the conversion process does not involve changes in ownership.

What happens where the property is encumbered?

The existing encumbrances against the title shall automatically be migrated to the new register.

Where do I the forms?

All prescribed forms under the Land Registration Act, 2012 can be downloaded from the Ministry’s website under the “Resources” tab.   

WHAT ARE THE SPECIFIC RIGHTS AS THEY RELATE TO MINORITY GROUPS?

  • Right to participate in economic activities in the country
  • Right to preserve their cultural way of life in line with article 11 of the Constitution
  • Right to representation in land governance institutions and participation in land related decision making processes.
  • Right of access to the shore lines of lakes and rivers and public fish landing sites for fishing communities to enable them carry out their economic activities
  • Right of access to community forests for hunter gatherers communities to sustain their livelihoods.
  • Right of access to communally held land for grazing purposes for the Pastoral communities

MARGINALIZED GROUP

·       The Constitution defines a “marginalized group” as a group of people who, because of laws or practices before, on, or after the effective date, were or are disadvantaged by discrimination on one or more of the following grounds; including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.

MARGINALIZED COMMUNITY

The Constitution defines a “marginalised community” as ;

1.     A community that, because of its relatively small population or for any other reason, has been unable to fully participate in the integrated social and economic life of Kenya as a whole; or

2.     A traditional community that, out of a need or desire to preserve its unique culture and identity from assimilation, has remained outside the integrated social and economic life of Kenya as a whole; or

3.     An indigenous community that has retained and maintained a traditional lifestyle and livelihood based on a hunter or gatherer economy; or 

4.     Pastoral persons and communities, whether they are nomadic or a settled community that, because of its relative geographic isolation, has experienced only marginal participation in the integrated social and economic life of Kenya as a whole.

 

WHAT ARE THE LANDRIGHTS AS THEY RELATE TO THE YOUTH?

The constitution of Kenya defines an ‘adult’ as an individual who has attained the age of eighteen years. For the purpose of determining rights accruing to the youth, there is need to appreciate that the constitution regards youths as adults and thus;

  • Each youth has the right to ownership, access and control of land and property.
  • Though the right to inherit from their parents is discretionary, in the event of inheritance by the siblings, both daughters and sons have equal rights.

 

WHAT ARE LANDRIGHTS AS RELATES TO ORPHANS?

·       Orphans have the right to access and use their parents land and property whether or not it is held in trust by an appointed and responsible adult member of the immediate family. Upon reaching the age of 18, they have the right to be registered as the rightful owners of land and the properties previously held by their deceased parents.

 

 

CHILDREN LAND RIGHTS

·       A ‘child” means an individual who has not attained the age of eighteen years in Kenya. Generally, children cannot own land or property in their own right as children. However, land and property can be held on trust for their benefit and use

 

WHAT RIGHTS DO WOMEN – MARRIED OR SINGLE- HAVE?

  • Women have a right to acquire and own land whether individually or as a group.
  • Daughters have the right to inherit their parents’ land and property.
  • Women have a right to be elected and or appointed into land governance institutions.
  • Married women have the right to joint ownership of land and property acquired during marriage.
  • Married women have the right to transact on land in consultation with their husbands and vice versa.
  • Widows have the right to inherit their deceased husband’s land and property.

 WHAT HAPPENS IN CASE OF DIVORCE?

The spouse will not only share benefit but liabilities on the matrimonial property.

WHAT DOES THE SPOUSE LIABILITY LAW STATE?

Any liability incurred by a spouse before the marriage and relating to the property shall, after marriage, remain the liability of the spouse who incurred it. If the property becomes matrimonial then it shall be equally shared by the spouses and unless they otherwise agreed. The law states that parties to marriage shall equally share the liability incurred during the subsistence of the marriage for the benefit of the marriage or reasonable and justifiable expenses incurred for the benefit of marriage.

WHAT HAPPENS WHERE A HUSBAND OR WIFE HAS ACQUIRED PROPERTY BEFORE OR DURING MARRIAGE WHICH DOES NOT BECOME A MATRIMONIAL PROPERTY?

The husband or wife may acquire beneficial interests that are equal to the amount of contribution made by the spouse.

WHAT IS A MATRIMONIAL HOME?

It means any property that is owned or leased by one or both spouses and occupied or utilized by the spouses as their family home, and includes any other attached property

 

WHAT ARE SOME OF THE RIGHTS OF SPOUSES CONCERNING MATRIMONIAL PROPERTY?

Matrimonial Property Act of (2013) the matrimonial property act provides that married women has the same rights as married man to acquire, administer, hold, control, use and dispose of property whether movable or immovable; enter into contract and sue and be sued in her own name.

 

WHAT DO WE MEAN WHEN WE SAY WOMEN SHOULD HAVE ACCESS AND CONTROL OVER LAND?

We mean women should not only have access to land as the right but also enter upon and use land, exercise control over land as one’s ability to make decisions with regard to the land. These include the ability to:

  • determine the size of land used for farming activities and whether the land will be used for food or cash crop production.
  • transfer land titles, whether by sale or inheritance (land ownership)

 

WHO CAN OWN LAND IN KENYA?

Section 40 of the Constitution of Kenya stipulates that every person has right to own land of any description in any part of Kenya. The National Land policy 1.5.1 (7), (c), (d) put more emphasis on gender equity and land rights.

 

WHAT IS INTESTATE SUCCESSION?

This is when there is no will left by the deceased (intestate). In case the deceased left one surviving spouse and a child or children, the surviving spouse shall be entitled to:

  • The personal and household effects of the deceased
  • The intestate property but cannot sell this intestate property as the spouse is holding it on behalf of the children. If the spouse remarries, he/she loses his/her entitlement to the intestate property. Where the deceased has left a surviving child or children but no spouse, the intestate property will be transferred to the surviving child or divided equally among the surviving children. Where the deceased left no surviving spouse or children, the intestate shall be transferred in this order of priority: • Father; or if dead, • Mother; or if dead • Brothers and sisters, and any child or children of deceased brothers and sisters, in equal shares; or if none
  • Half -brothers and half-sisters, and any child or children of deceased half-brothers and half-sisters, in equal shares; or if none
  • Distant relatives up to the sixth degree in equal shares. If the deceased is not survived by any of the above, then the intestate property estate shall be taken up by the state.

REVOCATION, ALTERATION AND REVIVAL

A will can be revoked, altered and revived only by the maker at the time when he is competent to dispose of his property. This can only happen when the maker takes some action to indicate that he/she no longer wants the will to be binding. For this to be effective, the intent of the maker, whether express or implied must be clear and an act of revocation consistent with this intent must take place

WHAT DOES A “DEPENDENT” MEAN?

It means:

  • The wife or wives, or former wife or wives, and the children of the deceased whether or not maintained by the deceased before his death.
  • The deceased’s parent, step parents, grand-parents, grandchildren, step- children, children whom the deceased had taken into his family as his own,
  • Brother and sisters, and half -brothers and half-sisters, who were being maintained by the deceased before his death.
  • Where the deceased is a woman, her husband if he was being maintained by her before her death.

Monday, August 26, 2024

LEGAL EXPERT: VOLUNTARY WINDING UP OF A COMPANY

INTRODUCTION

We ought to ask ourselves what is voluntary winding up of a company? A voluntary winding up is a self-imposed dissolution of a company that has been approved by its shareholders and such decision will happen once a company’s leadership decides that the company has no reason to continue operating. Since members create a company voluntarily, it can also be voluntarily ended. It’s not ordered by a court hence not compulsory. 

Reasons for voluntary winding up.

1.Unfeasible operations or poor operating conditions

This may sometimes be the option for companies with unfeasible operations and poor operating conditions an example is if a high cost oil producer foresees a period of low oil costs for the future. They may voluntary decide to liquidate even if they are not technically bankrupt yet.

2. Special purposes

This is may happen if the company is only in existence for a special purpose over a limited amount of time. The companies may be voluntary liquidate if they are no longer needed. The period fixed by the articles of association has expired.

3. Departure of a company founder.

A voluntary winding up may occur if a key member of an organization leaves the company and this will happen only if the shareholders decide not to continue with the company’s operation. Key issue to note in this point is that a company is a separate legal entity hence this will only happen when the shareholder’s hold special resolution to decide to wind up the company. 

4.When the company decides to wind up

This happens if the company decides in a general meeting has passed an ordinary resolution to wind up the company and if the company for whatever reason has passed a special resolution to wind up voluntarily without the interference of the court. 

 

Winding up of companies in Kenya has been established by two legislative acts that is The Insolvency Act 2015 and the Companies Act 2015. We are going the process of both acts in this discussion.

Types of voluntary winding up

(a). Members’ voluntary winding up.

(b). Creditors’ voluntary winding up.

 Members’ voluntary winding up

In a voluntary winding up of a company, if a declaration of its solvency is made this pursuant to Section 398 of the Insolvency Act 2015, it’s a member’s voluntary winding up. The declaration shall be made by the majority of directors at a meeting of the board that they have made a fill inquiry into the affairs of the company and that having done so, they are of the opinion that one, the company has no debts and two that it will be able to pat debts in full within 12 months from the date of commencement of the winding up. The members here appoint a liquidator.

Declaration of solvency, should be done before the general meeting passing the resolution from winding up and not after the general meeting. It is a solemn declaration of solvency made by a director that the company is solvent and is able to pay all its debts in full within a period of 12 months. The steps followed here are as follows;

Resolution is made to wind up the company.                                                                          This is done by a majority member and as such, a company is required within 14 days to give notice of the resolution by advertisement in the gazette, failure to which the company and its officers are liable to a fine. 

Resolution is filed with the registrar of companies.                                                                   This serves to notify the registrar of the plans to dissolve the company as agreed by a majority member.

Declaration of solvency is filed.                                                                                                    This ascertains that the company will be able to pay its debts within 12 months after the commencement of the winding up.

Liquidator is appointed.                                                                                                             The members of the company to be wound up are the ones who appoint the liquidator. The liquidator here is not an officer of the court but agent of the company.

Liquidation takes place.

Liquidator calls a general meeting to give a report.

Liquidator sends a copy of the accounts, together with a return of the holding of the meeting to the registrar.

Registrar registers the accounts and returns.

At the end of 3 months from the date of the registration, the company is automatically dissolved.

Creditors voluntary winding up

This is where the declaration of solvency is not made. It is presumed that the company is insolvent. In such a case a company must call a meeting of creditors on the same day or the following day after the meeting, at which resolution for winding up is to be made or proposed. The directors must lay before the creditors the position of the company. The steps followed here are as above;

Resolution is made to wind up the company.

Resolution is filed with the registrar of companies.

Declaration of solvency fails to be filed.

First meeting of the creditors and contributories is held.

Appointment of liquidator.

Appointment of committee of inspection.

Private examination.

Public examination.

Payment of final debts and dividends by the liquidator.

Application by the liquidator to be discharged by the courts.

Supply of a copy of the order to the registrar of companies. 

The company is dissolved. 

VOLUNTARY WINDING UP UNDER THE INSOLVENCY ACT 2015.

For the purposes of this discussion it is important to note that under the insolvency act winding up is referred to as liquidation under the act. Liquidation can be voluntary or initiated by the court.

Circumstances where voluntary winding up occurs is when the period (if any) fixed from the duration of the company by its articles expires, or the event (if any) occurs, on the occurrence of which the articles provide that the company is to be dissolved, and the company in general meeting has passed a resolution providing for its voluntary liquidation or if the company resolves by special resolution that it be liquated voluntarily.

The procedure of voluntary winding up includes:

Step 1: Notice.

Section 393(2) goes on to add that before passing a resolution for voluntary liquidation, the company shall give notice of the resolution to the holder of any qualifying floating charge in respect of the company’s property

Step 2: Passing the resolution.

Voluntary liquidation of a company is deemed to have begun when the resolution is passed, such a resolution can only be passed upon meeting the following conditions:

a.                    After the expiry of seven days from and including the date on which the notice was given or

b.                    If the person to whom the notice was given has consented in writing to the passing of the resolution.

Step 3: Publication of notice to liquidate.

Within 14 days after a company has passed a resolution for voluntary liquidation, it shall publish a notice to that effect once in the gazette and once in at least two newspapers circulating in that area in which the company has its principal place of business in Kenya and on the company’s website (if there is one). Fines are imposed with this section.

The Companies Act states that the registrar may not strike the name of a company off the register under this section until after three months from the date of the publication by the registrar in the gazette of a notice stating the registrar may exercise the power under this section in relation to the company and inviting any person to show cause why the name of the company should not be struck off. It is important to note that such an application is made in form CR 18.

Step 4: Director’s statutory declaration.

If it is proposed to liquidate a company voluntarily, the directors may make a statutory declaration as fore- mentioned above. The declaration has to be mad within 5 weeks before date of passing the resolution or in the date of the resolution but before the passing of the resolution and it must include a latest statement of the company’s assets and liabilities.

The declaration is to be lodged with the company’s registry within 14 days after the date of the resolution.

Step 5: Appointment of liquidator.

In members’ voluntary liquidation, the company in a general meeting shall appoint one or more liquidators for the purpose of liquidating the company’s affairs and distributing assets. Upon appointment all the powers of the directors cease, except in so far as the company in general meeting or the liquidator sanctions their continuance.

The act further provides that where the office of the liquidator becomes vacant by virtue of death, resignation or otherwise, the company may appoint another qualified insolvency practitioner at a general meeting. It has to be noted that only an authorized insolvency practitioner is eligible for appointment. He/she has to lay out before the meeting an account of the liquidators acts and dealings and of the conduct of the liquidation, during the preceding year. A liquidator who fails to comply with the requirement commits an offence and on conviction is liable to a fine not exceeding five hundred thousand shillings.

Step 6: Final meeting prior to dissolution in a members’ voluntary liquidation.

As soon as the liquidation of the company affairs is complete, the liquidator shall prepare an account of the liquidation showing how it has been conducted and how the company’s property has been disposed of and shall then convene a general meeting of the company for the purpose of laying before it the account and giving an explanation of it.

The liquidator is to convene the meeting by publishing an advertisement at least 30 days before the meeting, in at least two newspapers circulating and on the company’s website (if any). The advert is to specify the time, date, place and purpose of the meeting.

Step 7: Notice to the registrar of the final meeting.

The liquidator is enjoined to lodge with the registrar a copy of the account, a return giving details of the holding of the meeting within 7 days of the final meeting. Failure to lodge these documents is an offence and on conviction, the liquidator is liable to a fine not exceeding ksh. 500,000.

Step 8: Dissolution of the company.

Section 897(4) of the Companies Act states that as soon as striking the name of the company off the register is done, the registrar shall publish in the gazette a notice that the company’s name has been struck off the register and the date of the sticking off.

Subsection 5 of the said section above thereof goes on to add that on publication of the notice, the company is dissolved. Despite this subsection, the liability (if any) of each director, managing officer and member of the company continues and may be enforced as if the company had not been dissolved. Nothing in the said subsection affects the power of the court to liquidate a company the name of which has been struck of the register.

VOLUNTARY WINDING UP UNDER THE COMPANIES ACT 2015.

Voluntary winding up of a company of the process of winding up a company without involving the courts. The application can be made by the director or directors if they are more than two. In a case where there are many directors, the company can use the application of the majority directors. The directors of the company can make application to the registrar to strike off the name of the company under the following circumstances provided for under section 897 of the Companies Act 2015: -

a.                    If the application has been made on behalf of the company by its directors or by a majority of them or

b.                    Contains such information as is prescribed by the regulation.

The company can also make an application to be struck off from the register if the company is dormant or no longer trading and has no assets or liabilities or if the shareholder decide that they no longer wish to continue with the company and would like it struck off the register. The registrar may not strike off the companies name from the register until three months from the date of the publication by the registrar in the Gazette Notice stating that the registrar may excise the power in relation to the company and an invitation to the public to show cause why the name of the company should not be struck off. An application of the striking off of a company may not be made if at any time during the preceding three months the company has 

a.                    Changed its name.

b.                    Carried on business.

c.                    Made a disposal for the value of the property that immediately before ceasing to carry on the business, it held for the purpose of disposal for gain in the normal course of carrying on business. An example is a company that sells fruits cannot sell fruits for the preceding three months but can sell the shop where it operated the business.

d.                    Engage in any other activities except one which is necessary or expedient for the purpose of:

e.                    Making an application for strike off or deciding whether to do so.

f.                     Concluding the affairs of the company.

g.                    Complying with any statutory requirement or an order published in the Kenya gazette by the cabinet secretary.

A company shall not be regarded as having carried on business only because it made a payment in respect of the liability incurred in the course of carrying on business. A person who makes an application in contravention of subsection (1) commits an offence and after conviction is liable to a fine not exceeding fifty thousand shillings.

A person who makes the application to the registrar on behalf of the company shall ensure that, within seven days after the day on which the application is made, a copy of the application is given to every person who at any time on that day is: -

a.                    A member of the company

b.                    An employee of the company

c.                    A creditor of a company 

d.                    A director of the company

e.                    A manager or trustee of any pension fund established for the benefit of employees of the company.

In conclusion the register must examine the application if it meets the requirements, the registrar shall cause the publication in the Kenya gazette an intention to strike off the company to allow interested parties the opportunity to object. A copy of this notice will be placed on the company’s public record. Any interested party can object.

CONSEQUENCES OF VOLUNTARY WINDING UP.

Company ceases to carry on with its businesses except to the extent that will be beneficial to the winding up process. 

Corporate powers of the company continue until a time the company is dissolved.

Shares may still be transferred by the members if sanctioned by the liquidator.

Any alteration in the status of the members made after the commencement of voluntary winding up is void.

Powers of the directors ceases on appointment of the liquidator unless their continuance has been sanctioned by liquidator or creditors. 

Voluntary winding up does not equal discharge of the company’s employees, unless it takes place when the company is insolvent; this was the holding in Fowler vs commercial timber co. ltd Voluntary winding up does not necessarily operate as a discharge of the company’s employees, but if it takes place because the company is insolvent, it will operate as a discharge. In Fowler v. Commercial Timber Co. Ltd [1930] 2 K.B. 1, by a written agreement, F was appointed managing director of a company for five years certain. Before the expiration of the five years the company passed a resolution for voluntary winding up as it could not by reason of its liabilities continue its business. F voted for resolution. It was held that the voluntary winding up operated as a wrongful dismissal of F and a term could not be implied that if the company went into voluntary liquidation with the assent of F he should lose his right to damages. Per Greer L.J. “An order for the compulsory winding up of a company puts an end to the employment of the managing director and in my judgment the same result must necessarily follow where there is a resolution for the voluntary winding up of the company which depends upon the company being unable to meet its obligations. “The advantage of voluntary winding up is that there are fewer formalities to be complied with. 

 

 

LEGAL EXPERT: CONVERSION OF COMMUNITY LAND TO PRIVATE

Introduction

What is a community land? Community land is land owned by groups of individuals identified by reference to a particular locality or membership of a particular class or ethnic or related grouping or some general defining characteristic. The Constitution of Kenya article 63 provides that community land shall vest in and be held by communities identified on the basis of ethnicity, culture or similar community of interest. The Community Land Act describes it as;

(a) land declared as such under Article 63(2) of the Constitution;

(b) land converted into community land under any law

Classification of community land

Community land can be classified as registered or unregistered. Registered community land is land that has undergone due process of registration stipulated in the provisions of the Community Land Act and the Land Registration Act. It is land to which the particular community occupying it has a certificate of title to it having undergone the registration process to that particular community. While unregistered community land refers to land that has not been officially assigned to a particular community but the claimant community is known to be the occupants of the said land. Section 6(1) of Community Land Act 2016 provides that County Governments shall hold in trust all unregistered community land on behalf of the communities for which it is held. County Government is however prohibited from selling, disposing, transferring or conversion for private purposes any unregistered community land which it holds in trust for a community.

CONVERSION OF A REGISTERED COMMUNITY LAND TO PRIVATE LAND

There are two ways in which community land may be converted to private land based on section 23 of Community Land Act 2016. The two ways are:

      I.         Transfer

    II.         Allocation by the registered community.

CONVERSION OF COMMUNITY LAND TO PRIVATE LAND  BY TRANSFER.

STEP ONE: SEEK APPROVAL OF COMMUNITY ASSEMBLY.

Section 21 (2) of the Community Land Act 2016 provides that before conversion of community Land to any other category of land, an approval of two-thirds of the assembly convened for that purpose must be done. The same is reiterated in Rule 16 (1) of Community Land Regulations 2017.  Based on section 15 (1) of the same Act, a registered community shall have a community assembly which shall consist of all adult members of the community.

STEP TWO: PREPARATION OF TRANSFER INSTRUMENT AND EXECUTION

Rule 16 (2) of Community Land Regulations 2017,  upon approval by community assembly, a transfer instrument shall be prepared and executed by the chairman and secretary of the community land management committee.

STEP THREE : REGISTRATION OF THE TRANSFER.

Rule 16 (2) of Community Land Regulations 2017,  upon execution of the transfer, it is presented to the registrar for registration in accordance with Land registration Act 2012.

STEP 4: ISSUANCE OF TITLE DEED. Upon successful registration, a title deed is issued in the name of the individual or entity designated by the community to hold the private land rights.

 

NB: Throughout the process, adherence to all statutory and regulatory requirements is imperative. This includes obtaining necessary approvals, conducting searches in accordance with established procedures, and ensuring compliance with applicable laws. By adhering to the provisions set forth in Section 23(a) of the Community Land Act and Regulation 16(1) and (2) of the Community Land Regulations, the conversion of community land to private land can be accomplished in a legally sound and transparent manner, upholding the rights and interests of the community as a whole.

 

CONVERSION OF COMMUNITY LAND TO PRIVATE LAND BY ALLOCATION

Section 21 (2) of the Community Land Act 2016 provides that before conversion of community Land to any other category of land, an approval of two-thirds of the assembly convened for that purpose must be done. The same is reiterated in Rule 16 (1) of Community Land Regulations 2017. 

Rule 16 (3) of Community Land Regulations 2017 provides that a community may allocate whole or part of its land to the members upon approval of at least two-thirds of the community assembly.

STEP 1: Application.

Allocation starts by application to the community assembly for the allocation. The application can only be done by a member of the community land.

STEP 2: Identification of the community land.

The registered community has to identify the community land that will be converted for private use.

STEP 3: Resolution.

Members of the community in a meeting will reserve the piece of the land for individual use to the person that applied for the allocation.

STEP 4: Negotiation.

The registered community will then negotiate with the individual the terms for the allocation of the land which includes the use of the land and the fees payable to the community.

STEP 5: Approval.

Upon the resolution, the registered community will then approve of the allocation of part of the community land to the individual.

STEP 6: Ratification.

For the conversion of community land to private land through allocation, two thirds of the community assembly must approve in a special meeting convened for that purpose.

 

 

Writing a Dissertation or Thesis

Introduction

A dissertation is a research paper that you write in order to receive your PhD, the highest academic degree in your field. You must write a dissertation if you want to continue your education after earning your bachelor's degree. In this article, we'll discuss how to write a dissertation with tips on how to plan and structure the work so that it meets standards for academic rigor.

Pick a topic that interests you

Before you start writing your dissertation, it's important to know what you're writing about. As a student, you are likely passionate about some area of interest and have spent time researching it. The question is: what will make this topic relevant to your future career?

If the topic doesn't interest or excite you, then there's no point of doing any research at all; it'll be wasted effort. However, if the subject does interest and excite you but doesn't seem like something that would be useful for your future career path (e.g., "How do people discover new music?"), then don't worry! You can still write up some preliminary thoughts on how those discoveries might work into your wider field experience or personal development journey as an artist/musician/etcetera

Review the literature on that topic

A literature review is a critical analysis of the existing research on a topic. It’s important because it allows you to organize your findings in a way that makes sense, and it provides context for how everything fits together. The purpose of this section is to summarize the most important findings from previous studies, so you can use them as evidence for your own research.

You may want to start out by reading through some articles or chapters from books related to your topic—but don't worry if some are irrelevant! Instead of eliminating material based on its relevance (which wouldn't be fair), try thinking about what kind of information would be useful for understanding the subject matter at hand. If an article isn't relevant enough yet still seems interesting enough that it deserves more time spent reading through it anyway (or even just skimming), then simply mark down any parts which seem relevant in order not only to gain insight into current research trends but also because these bits might later prove helpful when writing up abstracts later on down the line

Formulate a thesis or hypothesis

Thesis: A thesis describes the purpose of your study and its relation to other works. It also identifies what you want to prove or disprove, so that you can use evidence in support of your claims.

Hypothesis: A hypothesis is an educated guess about a phenomenon, but it does not necessarily have to be proven true or false. You can formulate one based on previous research or experience (for example, "The average amount of time it takes me to get ready for work is five minutes"). Your hypothesis should be supported by evidence from multiple sources; if there's only one source (like your own experience), then this isn't necessarily good enough because there's no way for anyone else outside yourself who may disagree with what happened on Monday morning last week when those two things happened at exactly 10:04 AM when I decided not go back inside after my first cupcake bite because instead I went outside where there were two dogs playing Frisbee together while their owners watched them play frisbee instead!

Write a proposal or abstract

The proposal is a summary of your dissertation and its contents. It should be written in an objective, scientific tone. Your proposal should include:

  • What you intend to study, why it matters, and how you will go about doing so
  • A brief introduction explaining why this topic is important or relevant for the field at large
  • A description of what you plan to learn from this research project (e.g., what will be accomplished) and how it will help others (e.g., by improving health care delivery). You may also want to include some results from previous studies conducted on similar topics as possible evidence that your proposed research meets certain criteria for acceptability within academia

Write the dissertation or thesis

The dissertation or thesis should be a well-written document. It should be well-organized and supported by the research you have done in your field of study.

You may want to use different writing styles depending on what kind of audience you are trying to reach: for example, if it’s an academic journal, then it might be appropriate for formal language like “the purpose of this paper is…” But if you're writing this paper for your friends and family members who aren't academics themselves then they might appreciate something more informal like “I decided that I wanted my mommy!”

Defend the dissertation

Now that you have your dissertation, it's time to defend it. The way that you defend the work is up to you, but there are some basic guidelines:

  • Find a faculty member who can be an expert witness on your topic and prepare them for their testimony at your defense.
  • Prepare questions for each witness that will help them answer questions from the members of the committee who will evaluate them (the chairperson and two or three other members). You may also want to introduce other members of your committee who have expertise in related fields so they can give more context about why they think this specific piece of scholarship should be accepted as appropriate for publication in their field journals or books.
  • Have someone else read through all parts of your defense before it goes into its final form so they can check over any grammar errors or typos before submitting it as part of one massive document--this is especially helpful if someone else has already submitted an earlier version!

Write a dissertation

Writing a dissertation is an incredibly complex, time-consuming and challenging process. The best way to ensure that you get it right is by following these steps:

  • Write a proposal for your study. This should include an overview of the context in which you will conduct your research; any major issues/concerns related to those contexts; what questions are most important for answering those issues/concerns; how they relate back to previous work done by others on similar topics (if applicable); how these questions will be answered through this research project; a brief description of the design elements necessary for conducting this research project such as its theoretical framework, methodology(s), etc..
  • Write an abstract explaining why your topic matters and how it relates back to previous work done by others on similar topics (if applicable).
  • Determine whether or not there are any ethical issues involved when conducting this study so that they can be addressed prior to starting any actual data collection efforts themselves..

Conclusion

So, if you're looking to write a dissertation, here is the step-by-step guide.

 

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