Section 83, Terrorism Act, 2012

(1) Subject to subsection (2), where the court makes aforfeiture order against any property, the property vests absolutely in the Government by virtue of the order. (2) Where property ordered to be forfeited is registrable property– (a) the property vests in the Government in equity but does not vest in the Government at law until the applicable registration requirements have been complied with; (b) the Government is entitled to be registered as owner of the property; (c) the competent authority has power on behalf of the Government to do or authorise the doing of anything necessary or convenient to obtain the registration of the Government as owner, including the execution of any instrument to be executed by a person transferring an interest in property of that kind. (3) Where the court makes a confiscation order against a property– (a) the property shall not, except with the leave of the Court and in accordance with any directions of the Court, be disposed of or otherwise dealt with, by or on behalf of the Government before the relevant appeal date; (b) if, after the relevant appeal date, the order has not been discharged, the property may be disposed of and the proceeds applied or otherwise dealt with in accordance with the direction of the competent authority. (4) In this section– “registrable property” means property the title to which is passed by registration in accordance with the Registration of Instruments Act; “relevant appeal date” used in relation to a forfeiture order made in consequence of a person’s conviction of an unlawful activity means- Effect of forfeiture. order and confiscation order. Cap 256. 78 79 (a) the date on which the period allowed by rules for the lodging of an appeal against a person’s conviction or for the lodging of an appeal against the making of a forfeiture order expires without an appeal having been lodged, whichever is the later; or (b) where an appeal against a person’s conviction or against the making of a forfeiture order is lodged, the date on which the appeal lapses in accordance with the rules or is finally determined, whichever is later. (5) Where the competent authority applies under this section for a forfeiture order against any tainted property the Court shall, before hearing the application– (a) require notice of the application to be given to any person who, in the opinion of the Court, appears to have an interest in the property; (b) direct notice of the application to be published in the Gazette and in a newspaper of wide circulation containing such particulars and for so long as the Court may require.