CHAPTER 117
REGISTRATION OF DOCUMENTS ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

   3.   Establishment of registry.

   4.   Registers to be kept.

   5.   Transfer of documents relating to land to the registry.

   6.   Continuance of existing registries and registers.

   7.   Transfer of documents and registers to the registry.

COMPULSORY REGISTRATION

   8.   Documents of which registration is compulsory.

   9.   Unregistered document affecting land invalid.

   10.   Priority determined by registration not by execution.

OPTIONAL REGISTRATION

   11.   Optional registration of other documents.

PROOF OF EXECUTION AND PRESENTATION FOR REGISTRATION

   12.   Proof of documents.

   13.   Registration of orders granting roads of access.

   14.   Presentation in person or by agent.

   15.   Presentation by post.

   16.   Identity of person requesting registration.

   17.   Power to summon witnesses.

METHOD OF REGISTRATION

   18.   Presentation book.

   19.   Duplicates to be registered.

   20.   Maps and plans.

   21.   Memorial of registration.

   22.   Registration no guarantee of title.

   23.   Power of registrar to correct errors and omissions.

   24.   Registration not to cure defect or confer validity.

REFUSAL OF REGISTRATION

   25.   Power to refuse to register document executed by native.

   26.   Documents in foreign language.

   27.   Documents containing interlineations, blanks, erasures or alterations.

   28.   Description of land.

   29.   Registrar to refuse to register certain documents.

   30.   Reasons for refusal to be recorded on request.

   31.   Appeal.

CAVEATS

   32.   Power to lodge caveat.

   33.   Notice of claims of caveator.

   34.   Withdrawal of caveats.

   35.   Damages for unreasonable caveat.

INDEXES AND SEARCHES

   36.   Indexes.

   37.   Registers may be searched.

   38.   Certified copy of registered document admissible in evidence.

DOCUMENTS EXECUTED BEFORE COMMENCEMENT OF ORDINANCE

   39.   Documents executed on or after 1st April, 1921, but before commencement of Ordinance.

   40.   Registration of documents executed before 1st April, 1921.

   41.   Documents already registered.

   42.   Priority of documents executed before 1st April, 1921, not determined by registration.

SUPPLEMENTAL

   43.   Power for High Court to cancel registration.

   44.   Indemnity of registrars and assistant registrars.

   45.   Defect in appointment or procedure.

   46.   Fees.

   47.   Power for Minister to make rules.

   48.   [Repeals.]

SCHEDULE

CHAPTER 117
THE REGISTRATION OF DOCUMENTS ACT

An Act relating to the registration of documents.

[1st January, 1924]

R.L. Cap. 334
Ords. Nos.
14 of 1923
16 of 1926
11 of 1932
38 of 1939
33 of 1941
43 of 1955
3 of 1959
22 of 1960
Act No.
55 of 1963
G.Ns. Nos.
478 of 1962
116 of 1965

PRELIMINARY PROVISIONS (ss 1-7)

1.   Short title

   This Act may be cited as the Registration of Documents Act.

2.   Interpretation Ord. No. 8 of 1921">

   In this Act, unless the context otherwise requires–

   "authorised person" means a person or class of persons authorised by the Minister under the provisions of section 12;

   "land" includes land, buildings, rights of way, lights, ferries, fisheries, and benefits to arise out of land or things embedded or rooted in the earth, or attached to what is so embedded for the permanent beneficial enjoyment of that to which it is so attached, or permanently fastened to anything so embedded, for the permanent beneficial enjoyment of that to which it is so attached, or permanently fastened to anything so embedded, rooted, or attached, and includes mines and minerals, and mineral oil as defined by the Mining (Mineral Oil) Act and standing trees and timber and growing crops and grass;

   "Minister" means the minister responsible for lands;

   "native" means a member of an African race, and includes an Arab, a Swahili, and a Somali;

   "Ordinance of 1921" means the Registration of Documents Ordinance, 1921;

   "prescribed" means prescribed by rules under this Act.

3.   Establishment of registry Ord. No. 33 of 1941 Sch.">

   (1) There shall be established at Dar es Salaam a registry of documents (in this referred to as "the registry") for the purpose of registering documents in accordance with the provisions of this Act.

   (2) For conducting the business of the registry the Minister may, by notice published in the Gazette, appoint a registrar of documents and may from time to time similarly appoint as many assistant registrars of documents (in this Act referred to as the "registrar" and "assistant registrar" respectively) as he thinks fit.

   (3) Subject to the directions of the registrar, an assistant registrar shall have all the powers and perform all the duties and be subject to all the obligations of the registrar.

4.   Registers to be kept Ords. Nos. 33 of 1941 Sch.; 43 of 1955 s. 3">

   The following registers shall be kept in the registry–

   (a)   a register of documents of which the registration is compulsory;

   (b)   a register of documents of which the registration is optional; and

   (c)   a presentation book as hereinafter provided.

5.   Transfer of documents relating to land to the registry

   Subject to the directions and supervision of the registrar, and to such exceptions as he may prescribe, all copies and duplicates of documents relating to land executed before the first day of April, 1921, and registered or recorded in any German public register of documents or in any of the Government political officers, and every register of documents of which the registration was compulsory under the Ordinance of 1921 kept at a district registry under that Ordinance shall be sent to and preserved at the registry.

6.   Continuance of existing registries and registers

   Subject as aforesaid, the registries and registers established under the Ordinance of 1921 shall be continued as if and registers they had been established under this Act.

7.   Transfer of documents and registers to the registry

   Subject as aforesaid, all documents registered and all registers kept at the principal registry or at a district registry prior to the first day of April, 1942 1, shall be delivered to the registrar and kept in his custody at the registry. Until such delivery the provisions of sections 37 and 38 shall continue to apply to such documents and registers and the fees prescribed in the Schedule hereto for searches, inspection, copies of documents and plans shall continue to apply to such documents and registers:

   Provided that for the purposes of this section the reference to "the registrar" in section 38 shall be construed as a reference to the officer who for the time being has custody of the documents and registers mentioned in this section.

COMPULSORY REGISTRATION (ss 8-10)

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