Land disputes solving mechanisms: from ordinary courts to land courts
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Date
2013
Authors
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Journal ISSN
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Publisher
University of Dar es Salaam
Abstract
The new land laws, inter alia, came up with specialized land courts with the view that these courts will set up an efficient and expeditious means of settling land disputes in Mainland Tanzania. Prior to the enactment of new land laws, land disputes were settled by ordinary courts of law. This was discovered to have overloaded ordinary courts and that the courts of law could not have enough time to deal with land cases. As a result, specialized land courts were put in place. However the specialized land courts are overloaded by land cases. This study examines the newly established land courts. It gives an analysis and critique of these land courts. The study has addressed in detail the independence and jurisdiction of land courts. The study has found that land courts are not independent from the arms of the executive in particular the Ministry responsible for land. The study goes further to analyze the expedience and efficiency of the land courts since their establishment. The study has also found that the involvement of the Ministry of Lands and other two different ministries in the management of land disputes diminishes the efficiency of land courts in the country. Finally, the study has formed an opinion that the new land disputes solving machineries are not as expeditious as it was envisaged. Land cases still take a long time to be disposed of. The study has further observed that land courts are also not independent.
Description
Available in print copy
Keywords
Dispute resolution (Law), Land tenure, Law and legislation, Courts
Citation
Kinunda, A.(2013). Land disputes solving mechanisms: from ordinary courts to land courts. Master dissertation, university of Dar es Salaam. Available at (http://41.86.178.3/internetserver3.1.2/search.aspx?formtype=advanced)