University of Dar es Salaam School of Health Sciences

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Browsing University of Dar es Salaam School of Health Sciences by Subject "Adjudication of land"

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    Adjudication of land disputes in mainland Tanzania: an examination of legal and institutional challenges.
    (University of Dar es Salaam, 2018) Ngwala, Atuganile Florida
    This study mainly focuses on addressing problems and challenges in land adjudication in Tanzania. The study reveals that disputes over land are inescapable because land is the principal means of production. Protracted land disputes undermine effective land utilization. The competing interests over land have necessitated the need to have specialised machinery for land dispute settlement in the country. Nonetheless, it has never been a simple task to establish ideal land dispute machinery that strikes the balance between competing interests while maintaining peace, security and social order. The study argues that the legislative process by Parliament to implement the National Land Policy (1995) that emphasized on the establishment of the land disputes settlement machinery has never been fully realised. Despite the enactment of the Land Act, [Cap.113 R.E 2002], the Village Land Act [Cap. 114 R.E 2002] and the land Disputes Courts Act [Cap 216 R.E 2002] to implement the National Land Policy 1995 that objective has not been fully realised. Therefore, the study calls for the re-integration of the Land Disputes Resolution System into the Judiciary. It also urges the government to reform and amend existing laws to clearly address issues of jurisdiction of land court, adjudication procedures and other dispute settlement methods that cater for the needs of both rich and poor. Further, it makes a case for harmonizing land laws and other related laws such as mining, conservation, wildlife and environment. Additionally, it advocates involvement of stakeholders in land disputes resolution.