EFFECTIVENESS OF THE DISTRICT LAND AND HOUSING

TRIBUNALS IN DETERMINATION OF LAND CASES IN

TANZANIA: A CASE STUDY AT SUMBAWANGA.

1
 MZUMBE UNIVERSITY
FACULTY OF LAW

EFFECTIVENESS OF THE DISTRICT LAND AND HOUSING

TRIBUNALS IN DETERMINATION OF LAND CASES IN
TANZANIA: A CASE STUDY AT SUMBAWANGA.

By:

MWITA GEORGE W.

REG NO : 12892/ T.10

A compulsory research paper in partial fulfillment requirement for an award of

bachelor degree of laws (LLB) at Mzumbe University.
July 2013

2
 CERTIFICATION

I..................................................Hereby, certify that I have read this Research Report

titled Effectiveness of the district land and housing tribunal in determination of
land cases in Tanzania in partial fulfillment of the requirements for the Bachelor of
Laws (LL.B) Degree of Mzumbe University; and hereby recommend for acceptance by
Mzumbe University standards.

…………………...
MR Y , SEME
Main supervisor
DATE.......................................

i
 DECLARATION
I, Mwita George do hereby declare that this research paper is the result of my own
investigations and findings except where stated and that this paper has not been
presented or submitted to any other University or Institution for a degree or any similar
award.

Student’s Signature: ……………………………………………………….

Mwita George

ii
 COPYRIGHT

© Mwita George 2013

This research is a copyright material protected under the Berne Convention, the
Copyright and Neighboring Right Act 1999 and other international and national
enactments, in that behalf, on intellectual property. It may not be reproduced by any
means in full or in part, except for short extracts in fair dealings, for research or private
study, critical scholarly review or discourse with an acknowledgement, without the
written permission of Mzumbe University, on behalf of the author.

iii
 DEDICATION
This work is dedicated first to my parents mr mwita chacha nyaheli and mrs mwita
chacha nyaheli who inspired me to pursue my education from the beginning up to this
time I peruse my bachelor of law at Mzumbe University

iv
 ACKNOWLEDGEMENT
First and foremost, I thank God for his blessings, ever since I was born and throughout
my education journey. With great humbly I extend my thanks to my beloved children
who are Mwita George, Nchagwa George and Chacha George for being my spiritual
blessing during the whole time of my study. My wife Lucia Amos Ndenje and her
younger sister Martha Mwakyoma for being with me hand in hand during the whole
journey of my education.
I also express my gratitude’s thanks to the chairperson Mr T. Wagine and his staff
members of district land and housing tribunal for accepting my invocation to do my field
at his office and who guide me in one way or another by providing information and data
during my field attachment that was instrumental in accomplishing my study.
Also my thanks are extended to My friend Lukanga Eveta for her encouragement an
assistance during my time of field attachment and who gave me morale of
accomplishing my study and reaching this stage.
Finally my gratitude`s thanks goes to my beloved supervisor for his assistance, guidness
and contribution which encourage me to furnish my consideration and who deserves a
special mention for his constructive ideas, suggestions and guidance which did not only
enrich the quality of this study but also enabled me to complete the work in time, so God
bless him.

v
 ABSTRACT

This research is about effectiveness of the district land and housing tribunal in
determination of land cases in Tanzania. The law which establishes the district land and
housing tribunal do not guarantee the independence of the same during determination of
land cases. Because the chairperson is employed and easily removed from office by the
minister for land who is pure executive. Together with this, the other problem is
improper land court structure which hinders smooth flow of administrative order from
upper to lower court. The study has the following issues raised by the researcher as what
are the effects of Lack of independence for Land Courts in reality? To what extent the
Land Courts structure affects the effectiveness of the District Land and Housing
Tribunal in determination of Land Cases? Is there any other factors affecting
effectiveness of the District Land and Housing Tribunals in determination of Land
cases? What should be done to solve each problem if any? To what extent the existing
laws guarantee the independence of courts (District Land and Housing Tribunals) in
determination of Land cases. Also the researcher employed the academic and descriptive
method of data collection, also research is based on Library literature findings, Oral
interview of staff and clients at the area of study, consulting different lawyers and other
professions and observation of legal documents at the place of study so as to have data
pertinent to the study. In finding the researcher found that there are many problems
facing the district land and housing tribunal including Improper Land Courts
Structure/System, Lack of Independence for the District Land and Housing Tribunal
during the determination of Land Disputes, Unreasonable Wide Local Jurisdiction of the
District Land and Housing Tribunal and The Ward Tribunals being subordinate to it
compose only laymen. Finally the researcher recommends that laws should be amended
to guarantee the independence of the district land and housing tribunal, there should be a
proper land court structure and members of ward tribunal should be trained at least a
basic knowledge on procedures of handling land cases

vi
 TABLE OF CONTENTS
CERTIFICATION...............................................................................................................i
DECLARATION...............................................................................................................ii
COPYRIGHT....................................................................................................................iii
DEDICATION..................................................................................................................iv
ACKNOWLEDGEMENT.................................................................................................v
ABSTRACT......................................................................................................................vi
TABLE OF CONTENTS.................................................................................................vii
LIST OF CASES...............................................................................................................ix
LIST OF STATUTES........................................................................................................x
CHAPTER ONE................................................................................................................1
1.0 BACKGROUND OF THE PROBLEM.......................................................................1
1.1Introduction...................................................................................................................1
1.2 STATEMENT OF THE PROBLEM.......................................................................2
General Objective.......................................................................................................6
1.4 RESEARCH QUESTIONS..................................................................................6
1.5 SIGNIFICANCE OF THE STUDY.....................................................................6
1.6 RESEARCH METHODOLOGY AND DESIGN................................................7
1.7 LITERATURE REVIEW.....................................................................................7
1.8 LIMITATIONS OF THE STUDY....................................................................9
CHAPTER TWO..............................................................................................................11
2.0. LEGAL FRAME WORK RELATING TO LAND DISPUTES SETTLEMENT
IN TANZANIA............................................................................................................11
2.1. Introductory Remark.........................................................................................11
2.2. LAWS RELATING TO LAND DISPUTES SETTLEMENT IN TANZANIA
..................................................................................................................................11
CHAPTER THREE..........................................................................................................14
3.0. RESEARCH FINDINGS AND DISCUSSION....................................................14
3.1. Introductory Remark.........................................................................................15
3.2. Effectiveness of the District Land and Housing Tribunal for Rukwa at
Sumbawanga............................................................................................................16

vii
 3.3. Factors affecting Effectiveness of the District Land and Housing Tribunals.. .18
CHAPTER FOUR............................................................................................................28
4.0. CONCLUSION AND RECOMMENDATIONS..................................................28
4.1. Conclusion.........................................................................................................28
4.2. Recommendations.............................................................................................28
BIBLIOGRAPHY............................................................................................................30

viii
 LIST OF CASES

Donasio Mweupe V. Emmanuel Lusambo; Miscellaneous Land Case Appeal No.

21/2009 (Unreported) High court at Sumbawanga Registry
Tumbombelege Wokondonga V. Bishop Mwandambo, Miscellaneous Land Rev. No.
10/2007 High Court Registry at Sumbawang (Unreported)

ix
 LIST OF STATUTES

The Constitution of United Republic of Tanzania of1977 [CAP 2 RE 2002] as amended

from time
The Land Act of 1999[CAP 113 RE 2002]
The village land Act of 1999[CAP 114 RE 2002]
The land disputes court Act, of 2002
The Land Acquisition Act [CAP 118 RE 2002]
The Written Laws (Miscellaneous Amendment) Act; Act No 2 of 2010

x
 CHAPTER ONE
1.0 BACKGROUND OF THE PROBLEM.
1.1Introduction
Following the importance of Land in human life and activities together with the delay of
its cases in ordinary Courts in Tanzania, the National Land policy of 1995,
recommended the establishment of a separate Land Courts system to deal with Land
cases. Under section 22(1) of the Act No. 2 of 2002 1, among others, the District Land
and Housing Tribunals are Land Courts. Also, the same have authorized to deal with
Land Cases under Section 167 of the Land Act 2 as amended by Section 17 of the Written
Laws (Miscellaneous Amendment) Act3, read together with Section 62 of the Village
Land Act4 as amended by section 36 Written Laws (Miscellaneous Amendment) Act5.

In fact the establishment of Land Courts in Tanzania in 2002, aimed to cure the problem
of delay of Land cases in ordinary Courts. Reasonably, the fast determination of Land
cases as recommended by the Land policy of 1995 depended much on effective
operation of those Land Courts and not the fact that they have duly established
separately from ordinary Courts of Law. For the Land Courts to work effectively, the
issues of Independence of Land Courts, Proper Land Courts structure and others of the
like should be much considered. Otherwise the aim of the Government and Legislature
to establish Land Courts so as to cure the problem of delay of cases is nothing at all.

Land is more than important resource in human life; therefore the land disputes should
be determined in a fair and fast Manner by a competent and independent Land Courts. In
Tanzania, before the establishment of special Land Courts in 2002, the Land cases were
determined by Ordinary Courts of law. Under Article 107B of the Constitution of the

1
The Land Disputes Courts Act, 2002
2
[CAP 113 R.E 2002]
3
Act No 2 2010
4
[CAP 114 R.E 2002]
5
Act No 2 2010

1
United Republic of Tanzania of 19776, the Independence of Ordinary Courts of Law is
well stipulated.

Wonderfully, after the establishment of special land courts particularly the District Land
and Housing Tribunals, their independence has ignored and much berried by the Law
establishing the same Land Tribunals. This is from the fact that, under section 25 read
together with Regulation 35 both of the establishing Law which is Act No. 2 of 2002 7,
the Chairpersons of the District Land and Housing Tribunals are appointed and removed
from office by the Minister for Land who is pure executive.
Again, their employment is that of a contract of three years, though each may be eligible
for re-appointment. But in fact re-appointment is under the discretion of the employer.

Therefore under this situation of unsecured Tenure of the Chairpersons, it is not

expected to have free and fair decision making in Land Cases, especially where the
Government or its department or any superior political leader is a party in a case before
the District Land and Housing Tribunals.

Apart from the fact that Land Court are not free in determination of Land Cases, its
structure is another major problem as it doesn’t allow a proper and smooth flow of
adminstrative commands, from upper to lower Courts.

Therefore it can be argued that the problem aimed to be solved is still there, and the
same efforts to solve it has created the way of emergence of another serious problem in
determination of Land cases.

1.2 STATEMENT OF THE PROBLEM

It is undisputed fact that land is more than important resource in human life all
throughout. It is also a property subject to be owned legally by the people; therefore it is
6
[CAP 2 R.E 2002]
7
The Land Disputes Courts Act, 2002

2
like other people’s Constitutional right in Tanzania 8. With the great importance of land,
all matters arising from land should be handled and determined very carefully, fast and
fairly.

This is from the fact that, any unreasonable or unfair order by the Courts up on any party
to land matter, may affect more persons than normal. For example and order of
injunction, restricting the use of a particular land will not only affect the land lord or
interested person to such Land, but also his tenants and other users at large.

Despite the fact that, the Government and the legislature considered an ineffectiveness
of land disputes settlement in ordinary courts, and in fact took steps to solve the problem
by establishing a special and separate Court system of which among others, includes the
District land and Housing Tribunals. Yet the problem is still unsolved, if not much
increased than how it was. This is proved by the reason that, the problem with ordinary
courts in determinations of land matters, prior the establishment of the said special
Tribunals or Land Courts it was only delay of those cases.

That means, because of floodgate of cases in ordinary courts, land matters remained
unsolved for a longtime. Though they were determined by competent and independent
Courts of law, with good structure which allows proper flow of commands from upper to
lower courts.

As already explained above the law guarantee for independence of ordinary courts, but
the District Land and Housing Tribunals as among the Land Courts have denied such an
important limb of being free and independent from external influences during the
determination of cases brought before them. This is from the reason that, under the
Constitution of the United Republic of Tanzania, one of the mechanisms used to protect
and defend the independence of Judiciary is the security of tenure of Judges and

8
Article 24 of the Constitution of the United Republic of Tanzania [CAP 2 R.E 2002]

3
Magistrates. This is held by providing and creating several Legal restrictions on how to
remove a Judge or Magistrate9 from office following any allegations of any misconduct.
Also their employment is that of longtime which is sixty or sixty five years
continuously10.

Unlike Judges and Magistrates presiding over Ordinary Courts of law, the Chair Persons
of the District Land and Housing Tribunals are employed for a contract of three years by
the Minister for land, who is pure executive. As provided for under section 25 (1) of Act
No. 200211. Also under regulation 35 of part VI of the same Act, the Minister is
empowered to remove the Chair Person easily from office following the allegations of
any misconduct by the same. Actually, this power sometimes may endanger the just and
fair determination of cases by the District Land and Housing Tribunals due to the
following reasons:-

It is undisputed fact that, in the eyes of law the Government and its departments are all
legal persons who can sue or be sued before the Court. And in fact the Government as
legal person owns properties including land, and it has sued many times for land matters.
Currently, most of land disputes are determined by the special Tribunal including
District Land Housing Tribunals as the Land Court with original jurisdiction before
reaching the High Court in the way of appeal. The said Tribunals are presided over by
the Chairpersons who are the employees of the Government.

Now the question is, will be there a fair decision if the Government or superior political
leader is a party to the case or has interest there to? Obviously there will be no a fair
decision, by the reason that the decision makers will fear for loose of their job.

9
Article 110A (3) of the Constitution of the United Republic of Tanzania [CAP 2 R.E 2002]
10
Article 110A (1) of the Constitution of the United Republic of Tanzania [CAP 2 R.E 2002]
11
[ CAP 216 R.E 2002]

4
More over under the same section 25 of Act No. 2 the Chair Persons are employed for a
contract of three years, though the law provides that he or she may be eligible for re-
appointment.
Again, the authority may use this opportunity to remove the Chair Person from office by
denying reappointment of the same even by their own personal interest. Therefore to
avoid this danger, the decision makers may always use to protect the Government and
superior political leaders, by the reasons of protecting their job.

A part from the issue of Lack of Independence for Land Courts in Tanzania, another
problem is Improper Land Courts structure. Actually, this problem is for the District
Land and Housing Tribunals and the Ward Tribunals. Under the Land Disputes Courts
Act, 200212, the District Land and Housing Tribunal, administratively is responsible to
the Ministry for Land. While the Ward Tribunal on the other hand is administratively
responsible to the Local District authority 13. Therefore under such situation, there can be
no proper and effective flow of commands from the upper to lower courts. As it is well
known that administrative commands and sanctions by superiors to the inferiors are
useful in execution and effective operation of Court orders.

From the above defects of Law, the aim of the Legislature to ensure fast and fair
determination of Land cases have resulted into negative out comes. Instead of solving
the problem, a chance for emergence of a serious problem has created. This is by fact
that, it is normally better to delay and ends with fair decision, than fast determination of
a case by a court which is not independent and result into unjust.

However, even the aimed fast determination of cases is not there because of improper
Court structure which normally hinders a smooth flow of commands. Therefore the only
solution there is to review the existing Laws and correct the same where necessary to

12
Section 25 and section 28 (2) (a) read together with Regulation 34 and 35 of part V and Miscellaneous
Regulation 37(1) to 38 of part VII, both of Land Dispute Courts Act, 2002
13
[CAP 113 R.E 2002]

5
achieve the expected objectives. Otherwise the Land Courts should be attached and be
part of Ordinary Courts of Law.

General Objective
The general objective of this study was to find out the factors affecting effectives of the
District Land and Housing Tribunals in determination of Land case in Tanzania

1.3.1 Specific Objectives

 To find out whether there is Lack of independence for land Tribunals in
determination of Land cases.
 To examine the law and practice on land courts and see how the same
affect the parties in determination of land cases.
 To find out legal problems facing land courts and suggests a suitable
solution to cure such problems.

1.4 RESEARCH QUESTIONS

i. What are the effects of Lack of independence for Land Courts in reality?
ii. To what extent the Land Courts structure affects the effectiveness of the
District Land and Housing Tribunal in determination of Land Cases?
iii. Is there any other factors affecting effectiveness of the District Land and
Housing Tribunals in determination of Land cases?
iv. What should be done to solve each problem if any?
v. To what extent the existing laws guarantee the independence of courts
(District Land and Housing Tribunals) in determination of Land cases.

1.5 SIGNIFICANCE OF THE STUDY

At the end of this study the society through reading this research in the library shall be in
a position to understand the problems affecting the fast and fair determination of land
6
matters by the District Land and Housing Tribunals in Tanzania. So it will add materials
on land matters. The study will help the policy makers who may ready this research
report to get input for improving policies in the area researched. Also it will help the
researcher to attain the award of bachelor of laws of Mzumbe University as research
report is one of the requirements.

1.6 RESEARCH METHODOLOGY AND DESIGN

The nature of this research is academic and descriptive. The same was based on Library
literature findings, Oral interview of staff and clients at the area of study, consulting
different lawyers and other professions and observation of legal documents at the place
of study. The study was conducted in the District Land Housing Tribunal for Rukwa
Region at Sumbawanga, in both court sessions and in the registry office. In short the
researcher applied two methods of research methodology namely;

1.6.1 Library Research Method.

He read books, articles and journals, statutes and other documents. These enabled him
to get secondary data. Library of Mzumbe University Mbeya Campus, The High Court
of Tanzania-Sumbawanga were used by the researcher to get data needed.

Field Research Method.

In this method the researcher interviewed various people on the area researched.
Lawyers such as magistrates, advocates and other members of public were interviewed.
This method enabled him to get primary data needed hence helped him to know the real
situation on how this institution work and the problems faced by it.

1.7 LITERATURE REVIEW

Some scholar have somehow discussed on this situation of ineffectiveness of the District
Land and Housing Tribunals, but they have not property said what I intend to disclose in
this study. In order to get some ideas to assist me in this study I gone through various
Literatures as follows below:-
7
The first author is Prof. Mgongo Fimbo14. In his book about land matters in Tanzania
he touched on the land dispute resolution. He pointed out that the Presidential
Commissioner recommended that land dispute resolution as a system of specialized
circuit in determination of land cases. He seems to appreciate the establishment of those
special courts by the reason that the ordinary courts of law are loaded with a number of
cases. But he fails to remind the society that those courts should be backed with legal
provisions which ensure their suitable and effective operation, for example the law
should guarantee the independence of the said courts together with the suitable structure
of the same.
The second author is Philemon R15. In his manual Philemon he argues that the Act No. 2
of 2002 which is the Land Dispute Courts Act of 2002 has reflected the spirit of the
National Land Policy on the land matters. Generally his arguments based on the fact that
the land courts has established separately from the ordinary courts and further that the
citizens are involved in land cases. Though in fact the National Land Policy, together
with all he explain it aimed to achieve effective operation which should only be
achieved by providing suitable conditions for the courts to operate. Those include
independence of Land Courts, proper courts structure to allow accountability and
administrative responsibility of the same court.

Another literature is found in the paper by E.A. Kileo, JA presented at a seminar for
Chairperson of District Land and Housing Tribunals 16, the author in this paper managed
to recognize the sensitivity of the matters determined by the District Land and Housing
Tribunals, also that “the same court are supposed to be independent, just, speedy and
effective”. But the problem with him is that he did not show how the existing laws do
not provide for independence of the said Tribunals and what to be done so as to cure the
problems if any.

14
Land Law Reforms in Tanzania, at page 42
15
Basic Principles of Modern Land Policy and Law in Tanzania.
16
The Land Dispute Settlement in Tanzania

8
Also in the manual by Dr. W.R. Tenga17. Dr. Tenga the writer clearly says that, the Act
No. 2 of 2002 has proved failure on the intention of the parliament to reduce the flood of
land litigations in ordinary courts, but he didn’t clearly point out the provision of the
said law which have led to such failure and how. Also the writer did not indicate the
solutions to the said problems.

Furthermore Victor Deo18 points out the problems encountered by the District Land and
Housing Tribunals execution stage judgments. He outlined several problems including
issue of stay of execution once there is intention to appeal or an appeal before the High
Court of Tanzania. But the same like other above referred authors he did not consider
the issue of effectiveness of the District Land and Housing Tribunals in determination of
land cases and the hindering factors as my research concentrate.

On top of that A.K.Chamani,19 gives historical background of the District Land and
Housing Tribunal, jurisdiction, procedure that is to be followed in instituting the appeal
and applications. However he does not address the issue as to whether the Tribunals
established have been effective when resolving land disputes of which this research
examines to establish.

However, no body has even tried to talk on the point improper structure of Land Courts.
Apart from the fact that it is fatal and actually a bar in effective operation of the District
Land and Housing Tribunals in Tanzania.

1.8 LIMITATIONS OF THE STUDY.

This study faced two major limitations during the research, this was time and fund
available for the researcher, so the researcher set a limit to the amount of information
17
Land Law and Convincing in Tanzania
18
Deo victor; The District Land and Housing Tribunal in Tanzania Main Land; An Examination of the
Execution Stages of Judicial Process. Pg. 26-27
19
Ibid, Mahakama za Ardhi Tanzania pg. 77

9
that could be collected for this study as the researcher was attending court sessions and
performing other duties. Fund limited the researcher to reach some areas which could
need fare for transport.

CHAPTER TWO

10
2.0. LEGAL FRAME WORK RELATING TO LAND DISPUTES SETTLEMENT
IN TANZANIA.
2.1. Introductory Remark
In Tanzania, it is undisputed that the legislature, the Government and Judiciary on the
other side have tried much to make sure that Land disputes are determined in careful,
fast and just manner. This is influenced by the fact that Land is of great importance and
its value increases as the time passing. Especially in the current capitalist society, where
human activities do expand day to day.

Before the establishment of special land courts, land matters were determined in the
Ward Tribunals20, but most of the people lodged complaints directly in the ordinary
courts of law. Starting from the Primary Courts21, District Courts and Resident
Magistrate Courts and the High Court. However the same cases were also referred to the
Court of Appeal as appeal against the decision of the High Court.

The Government for example, after discovering the increasing of number of unsolved
Land cases in Ordinary Courts, decides to formulate a National Land policy of 1995.
Which was resulted into the enacturement of the Land Act 22, and the Village Land Act 23,
as well as the Land Disputes Courts Act No.2 of 2002 to govern
land matter. On the other hand, the legislature supported the Government by enacting
and passing the said Land.

2.2. LAWS RELATING TO LAND DISPUTES SETTLEMENT IN TANZANIA

Among others the following are the major Laws relating to the land Disputes settlement,
namely:-

2.2.1. The Constitution of the United Republic of Tanzania of 197724

20
Part III to the Schedule of The Ward Tribunals Act, 1985
21
Section 40 (2) (a) of The Magistrates Courts Act [CAP 11 R.E 2002]
22
[CAP 113 R.E 2002]
23
[CAP 114 R.E 2002]
24
[CAP 2 R.E 2002]

11
Land is a property subject to be owned by individuals. Also under Article 24 (1) and (2)
of the Constitution of United Republic of Tanzania, it is a right of persons to own
properties of which includes Land.

And the same provision insists on the protection of individual’s right on Land. That is
proved by the reason that the Constitution provides clearly that somebody’s land can not
be taken freely without compensation even by the Government provided that the said
land was acquired legally by such person. Under sub Article 2 the Constitution provides
that,
“subject to the provisions of sub article(1), it shall be unlawful for any person to be
deprived of property for the purposes of nationalization or any other purposes without
the authority of law which makes provision for fair and adequate compensation”

Therefore it is clear that even the mother Law of the Country provides for the rules to be
followed in determining land disputes in Tanzania.

Moreover, Under Article 13(6)(a) the same constitution, it is insisted that when the right
of a person is determined by the Court or any other agency, that person shall be entitled
to fair hearing and to the right of appeal or other legal remedy against the decision of the
Court or other agency. On this the Constitution provides that,
“When the rights and duties of any person are being determined by the court or any
other agency, that person shall be entitled to affair hearing and to the right of appeal or
other legal remedy against the decision of the court or of the other agency concerned”

2.2.2. The Land Act25

Generally, the Land Act provides on the issue relating to planned and reserved Land
matters. It starts with occupation of Land, administration of the same and even how
disputes on Land can be solved and by which authority. Among other things, the said
Law Under section 167(1) Provides that the Court with exclusive jurisdiction to hear and

25
[CAP 113 R.E 2002]

12
determine Land matters shall be; the court of Appeal of Tanzania, the High Court, the
District Land and Housing Tribunals, Ward Tribunals and the Village Land Councils.

Therefore it is undisputed fact that the Land Act provides for the rules to be observed in
determining Land case in Courts.

2.2.3. The Village Land Act26

The said Act is about the Village Lands, and it provides a lot on how to own, use and
administration of Land as well as its disputes settlement. For example under section 61
of the same Act, there is stipulated the ways of settlement of Land dispute from the
Village level up wards. Also under section 62 of the said Act, Land Courts have well
recognized the same as in the Land Act and other Laws.

2.2.4. The Land Disputes Courts Act27.

This is the Major and special Law Governing the Land disputes settlement starting from
the Village Land Council to the Court of Appeal of Tanzania. For example under
section 7 to 9 of the Act, the Law provides for the functions, and procedures for the
Village Land Council to determine land matters.

Whereas under section 10 to 21 of the same Act is all about the Ward Tribunals. It
covers the issue of Jurisdiction, procedures and powers of the Tribunals in determination
of Land cases.

Also section 22 to 36 of the same Act is about the District Land and Housing Tribunals.
The same covers the issues of establishment of the said Tribunals, Jurisdiction and other
thing of important to deal with Land matters. Where as section 37 to 47 is about the
High Court of Tanzania in respect of determination of Land matters.

26
[CAP 114 R.E 2002]
27
Act No. 2 of 2002

13
Therefore together with other Laws, this Act is special and leading Law on the Land
disputes settlement in Tanzania. Though some rules can be found in other statutes and
Case Law, which are useful in determination of cases on Land matters. How ever, the
said Law is not effective in governing Land disputes settlement due to the following
reasons, namely:-
The Law does not guarantee the independence of the District Land and Housing
Tribunal and other Lower Courts during the determination of Land cases.
Unfortunately, it provides what can destroy the said independence of courts.

Also under section 1028, the Ward Tribunals are Land Courts only in District Councils
and not in Municipal Councils or cities. And the Law is silent on where such cases
which would be determined by Ward Tribunal are to be instituted.

2.2.5. The Land acquisition Act29

This Act is all about acquisition of Land by the government and how owners are to be
compensated. Under section 13(1) (a) to (f) particularly, provides for the rule on how the
matter can be referred to a Land Court in case of disagreement in compensation for
Land.

2.2.6. CONCLUSION
Generally the Law in Tanzania shows the intention of the state to care for Land matters
and indeed to have fast determination of the same. But in fact, there still some
ineffective in the existing Laws to support the intended objectives.

CHAPTER THREE
3.0. RESEARCH FINDINGS AND DISCUSSION.
3.1. Introductory Remark.
28
Of the Land Disputes Courts, No. 2 of 2002
29
[CAP 118 R.E 2002]

14
The delay of Land Cases is still a problem in Tanzania, apart from the fact that, now
there is special Machinery responsible for only determination of Land cases. Perhaps a
number of cases increase every day, due to the increase of the value of Land as it gets
much value in human activities and life at large. Generally, in Tanzania Mainland the
records show that, at least25% of Land cases are determined or disposed 30. And the
large number of cases which is almost 75% remains unsolved. Though in actual
situation, even the said 25% of all cases which are determined may not be conclusively
determined.

That means some of them may end with several orders which are not real judgment on
Merit by the District Land and Housing Tribunals. For example some of the cases
originating from the ward tribunals may end with an order of re-trial, dismissal for lack
of prosecution and things of alike.

Probably, it can be assumed that in Tanzania, Land cases which are finally determined
by the District Land and Housing Tribunals are only10%, and the remaining large
number still unsolved.

In Sumbawanga at Rukwa Region, there are many Land cases which are instituted in the
District Land and Housing Tribunal for Rukwa at Sumbawanga. Some of these cases
are lodged as fresh cases and most of them are coming before the said Tribunal in the
way of appeal or application for revision from the Ward Tribunals all over the Local
area of Rukwa and Katavi Regions.
The number of Land disputes at Sumbawanga is very large, due to the reasons that a
number of Sukuma people who are pastoralists have invaded the area; therefore the
value of Land increases speedily than normal.

30
Mollel, (the Director of Adminstrative and Service for the Ministry of Land, Houses and Settlement
Development), the paper presented in the Seminar for Chairman of the District Land and Housing
Tribunal on 17-19th December, 2007 at Bagamoyo.

15
And in fact the record of the District Land and Housing Tribunal for Rukwa at
Sumbawanga indicates that in each year the average of filed cases is almost 200. While
the increase of number of cases from the year 2010 to 2012 is between 35% to 45% 31.
However, the speed of determination of these cases is very slow as how it is in other
Tribunal all over the whole Country.

3.2. Effectiveness of the District Land and Housing Tribunal for Rukwa at Sumbawanga.
The District Land and Housing Tribunal for Rukwa at Sumbawanga started in the year
2004, and it is still operating continuously until today. The said tribunal managed to
receive and determined land cases within its territorial jurisdiction as follows:-

In the year 2004/2005, it received a total of 41 Land cases, and managed to dispose only
7cases which is almost 17% of all cases. In the year 2005/2006, the Tribunal received a
total of 143 Land cases, where the number of cases increased for almost 349% compared
to one year before.

And the Tribunal managed to dispose only 61 cases which are 43% of the filed cases in
the same year and the same being almost 34% of the total number of Land cases which
were pending in the said Tribunal.

In the year 2006/2007 the Tribunal received 105 Land Cases which made a total number
of pending cases to be 187. It managed to dispose a total of 96 Land cases which is 51%
of all pending cases. In the year 2007/2008 the Tribunal received 49 land cases which
resulted into a total of 134 pending cases in the Tribunal. The same managed to dispose
54 cases which are almost 40% of the pending cases.

Summary of performance
The year Pending cases Disposed cases Percentage

31
Mollel, S. op cit, Table A

16
 2004/2005 41 7 17%

2005/2006 177 61 34%

2006/2007 187 96 51%

2007/2008 134 54 40%

From the above information on the performance of the District Land and Housing
Tribunal for Rukwa at Sumbawanga, it is clear that the Tribunal improves in disposing
cases. But at the same time it is clear that a number of received cases increases from
time to time, and pending cases also increase in number. The problem is still unsolved.
More over, according to my investigation, most of Land cases which are disposed in this
Tribunal are not conclusively determined on merit. About sixty percent of all cases,
especially those which originate from Ward Tribunals are ended by dismissal for
procedural defects or lack of prosecution etc. As a result the same cases are ordered to
be retried by the trial ward Tribunals, something which prolongs the process and causes
delay of disputes settlement contrary to the expected objectives.

For example in the case of DONASIO MWEUPE v. EMMANUEL LUSAMBO 32 is a

good example of how the Cases take longtime and end with dismissal followed with an
order of re-trial. This case originated at Kaengesa Ward Tribunal in the early 2008; after
the decision by the trial Tribunal and the District Land and Housing Tribunal as the
appellate Court; the decision for the second appeal before the High Court of Tanzania at
Sumbawanga was delivered on 8th December 2010. In this Case Khaday J, Dismissed
the Case for non-compliance of Section 11 of the Land Disputes Courts Act No. 2/2002,
which inter-alia requires that, in determining Land case among the member of the Ward
Tribunal a number of women must be three. Unfortunately, in this case they were less

32
Miscellaneous Land Case Appeal No. 21/2009 (Unreported) High court at Sumbawanga Registry.

17
than three. As a result a case was dismissed and re-trial was ordered after wastage of
two years.

After the decision of this Case a lot of cases at Sumbawanga District Land and Housing
Tribunal are dismissed for the same defect and re-trial is ordered in all those cases.
Apart from the fact that, parties have lost their time and efforts to conduct their case, the
dismissal of cases and an order of retrial is not a new thing in conducting the cases even
in Ordinary Courts of Law, but it seems to be a problem as it is too much in the District
Land and Housing Tribunal for Rukwa at Sumbawanga.

In fact this nudged me to find out the reason behind, and it was discovered that problem
is education for member of the ward Tribunals. But sometimes it is due to the personal
interest of the members of the ward Tribunals as well the lack of administrative
responsibility of the ward Tribunals to the District Land and Housing Tribunal.

Generally, the District Land and Housing Tribunal for Rukwa at Sumbawanga is not
effective enough to achieve the intended objectives for it to be established. The said
situation is there because of several defects in the existing laws as elaborated in details
in the following part;

3.3. Factors affecting Effectiveness of the District Land and Housing Tribunals.
Together with the fact that the District Land and Housing Tribunals for Rukwa at
Sumbawanga have been trying to do whatever possible to settle the Land disputes before
it, its efforts face difficulties which emanate from several factors. Most of those
hindering factors are there because of the weakness of the existing Laws which govern
the performance and operation of the District Land and Housing Tribunals in Tanzania.

In the District Land and Housing Tribunals for Rukwa at Sumbawanga for example, the
following factors have noted and proved to be the reasons for ineffective operation of
the Tribunal namely:-
18
3.3.1. Improper Land Courts Structure/System
The land Courts structure in Tanzania involves the Courts of Appeal of Tanzania, the
High Court, the District Land and Housing Tribunals the Ward Tribunals and the Village
Land Council33. The High Court and the Court of Appeal of Tanzania are all Judiciary.
And therefore administratively the High Court is responsible to the Court of Appeal of
Tanzania.

On the other had, the District Land and Hosing Tribunal is attached to the Ministry for
Land .And therefore administratively , the Tribunal is responsible to the Minister for
Land34 .Also the Ward Tribunals are established and controlled by the District Council
authority35. Therefore they are administratively responsible to the District Authority.

It is undisputed fact that, administrative responsibility is of great importance and useful

for smooth and effective operation of upper authority over its subordinates. This is by
the reason that, it supports smooth and effective flow of commands downward, hence
effective operation .In case of High Court over District Land and Hosing Tribunals,
there is no problem. This is because; the High Court is a superior Court of Law with
sharp tooth to injure at least everybody who disobeys it.

The problem is for the District Land and Housing Tribunals over the Ward Tribunals. In
fact it is a problem because; in actual situation the District Land and Housing Tribunal is
a tooth less Land Court. As the Law does not give it powers to punish a person who
disobey its orders. Therefore in case of non-adherence of any order by the District Land
and Housing Tribunal to the Ward Tribunal the Situation is difficult to be cured. Hence

33
Section 167 of the Land Act [CAP 113 R.E 2002] read together with Section 62 of the Village Land Act
[CAP 114 R.E 2002]
34
Section 22(1) and Regulation 35, 37 and 38 both of Act No. 2 of 2002.
35
Ibid at Section 10

19
ineffective operation of the District Land and Housing Tribunals in determination of
Land cases.

In the District Land and Housing Tribunal for Rukwa at Sumbawanga, this has been a
serious problem for several times. And in fact it hinders effective operation of the said
Tribunal, and finally it affect the achievement of the intended objectives of the
Government and Parliament to ensure fast and fair determination of Land disputes in
Tanzania.

For example in the case YERELIMO MWANANDENJE v. GODELIVA KITUKA 36,

the same problem is clearly observed. This was appeal case from the decision of trial
Ward tribunal at Kate- Nkasi District. Following the lodging of appeal in the District
Land and Housing Tribunal for Rukwa at Sumbawanga, the Chairman ordered and in
fact called for records from the trial Ward Tribunal. As a result the Chairman of the
Trial Ward Tribunal of Kate refused to deliver the records of original case several times.
At the end of the day the Chairman for District Land and Housing Tribunal, decided to
write a letter to the Director of Sumbawanga District Council to assist him to get the said
records.

In fact the Director administratively assisted the Chairman, though too late. Therefore
the intended objectives of fast and fair determination is not achieved under such a
situation. Following this situation, I interviewed the Chairman of the District Land and
Housing Tribunal for Rukwa at Sumbawanga. Mr. T.J. Wagine, on what and how he
uses to do in case the District authority fails or refuses to assist him.

He said that “I decide to assume as if there had been no such a case before the said trial
Ward Tribunals, then I dismiss it”. Probably, under such a situation the Ward Tribunal
assumes the powers of the Court of Appeal to be the last Court with the last say. And in

36
. Land case appeal No. 89/2012 – in the District Land and Housing Tribunal for Rukwa at Sumbawanga.

20
fact the right of the persons to appeal as stipulated by the constitution 37 is burred. Hence
no fair and fast determination of Land cases as intended.

3.3.2. Lack of Independence for the District Land and Housing Tribunal during the
determination of Land Disputes

Land is a property to be owned by the people. And the right to own the property is a
Constitutional right as per Article 24(1) and (2) of the Constitution of the United
Republic of Tanzania38. Also Land is very important resource in human life in all
aspects. Therefore, with this importance of Land, its disputes are very sensitive. And
they should be handled and determined by Courts with secured independence from the
begin up to the end.

For the case of Judiciary, its independence is well stipulated under Article 107 B of the
“Constitution of the United Republic of Tanzania 39. But in case of the District Land and
Housing Tribunals they law does not guarantee their independence. Bad enough, their
independence is technically berried by the Law. For example under “Section, 25(1) of
the Act No. 2 of 200240, the Chairman of the District Land and Housing Tribunals is
appointed by the Minister for Land who is pure executive. Under the same provision,
the Chairman is employed for the term of three years; through he/she may be re-
appointed to hold the office.

Furthermore, under Regulation 35 of part VI of the same Act, the Minister for Land is
empowered to remove the Chairman from office following any allegation of Misconduct
by him.

37
. Article 13(6) (a) of Constitution of the United Republic of Tanzania of 1977 [CAP 2. RE. 2002]
38
[ CAP 2 RE. 2002]
39
Ibid
40
The Land Disputes Courts Act, [CAP 216 RE. 2002]

21
The removal is very easy without any restrictions unlike the situation for judicial
officers. Whom their employment is protected by the law by providing several
restrictions to remove a Judicial Officer from his or her officer 41. And also their
employment is that of long time, which sixty years continuously42.

in the District Land and Housing Tribunal for Rukwa at Sumbawanga, I interviewed the
Chairman of the same Mr. T.J. Wagine who said that; “The lack of independence for the
District Land and Housing Tribunal is very danger for fair determination of Land cases.
Though nothing bad had happened due to the lack of such independence until now. He
further said that the Law should be reviewed, simply because for the future time, it may
happen to be a problem arising from this weakness of Law”.

More over in my observation especially during the Court sessions, political leaders are
treated differently compared to ordinary citizens. For example in the Land case appeal
No. 89 of 2012 in which the Member of Parliament for Nkasi was a witness, his
treatment was different from other people. The Tribunal used to serve him quickly only
for the reasons that he had many political duties to perform. Of course it is true, but the
question is that; is there equality before the Law? What about other people who are
working in private sectors? All answers are unreasonable and unsatisfactory. This is
because every person is of important and his or her duty is to be respected regardless of
his status politically or socially.

Normally, this weakness of Land Laws to protect the independence of the District Land
and Housing Tribunals during the determination of Land cases is very danger to human
rights over Land and actually unreasonable in the process of dispensation of Justice in
the Country.

41
Article 110A (3) of the Constitution of the United Republic of Tanzania of 1977 [CAP 2 R.E 2002]
42
Ibid, at Article 110 of [CAP 2 R.E 2002]

22
It is clear in the eyes of Law, that the Government and its organs are legal persons who
can sue or be sued before the Court. Legally it is unfair for a person to be sued or sue
before his employee.

Therefore the Government to be sued or sue before the Chairman who is its employee
and who his employment is not secured, is unfair. This is because the Chairman will
automatically fear to loose his job. Therefore he will do whatever possible to comply
with the interest of his employer.

3.3.3. The District Land and Housing Tribunal is the toothless Court.
Though it is sometimes argued that the law is there and can operate even without
sanctions, in reality it is impossible for the people to obey Court orders freely without
fear of any force for disobedience. That means in actual situation people obey Court
orders due to the reason that they are backed with forces in case of dis-obedience of the
same.

Under section 33(3) of the Act No. 2 of 2002 30, the District Land and Housing
Tribunals is empowered by the Law to execute its own orders. But the Law does not
stipulate how to execute the same, and even to give power to the Tribunal to punish
those who disobey its orders. This makes people to disvalue the District Land and
Housing Tribunal as a real Court.

In the District Land and Housing Tribunal for Rukwa at Sumbawanga, it happened
several times, the so called contemporary of Court by the parties to the case, but nothing
was done by Tribunal. Following those events I tried to consult the Chairman Mr. T.J
Wagine. Soon after the Court session and he had this to say;

“It is not the first time for this situation to happen, but we have nothing to do. The only
solution is act reasonably until when the law will give us power to punish such persons”

23
3.3.4. Unreasonable Wide Local Jurisdiction of the District Land and Housing
Tribunal.
The intention of the Government and Legislature to establish Land Court system
separately from Ordinary Courts was to simplify the process of determination of Land
disputes. The aim was to give to the Citizens easy, cheap, fair and fast service in
determination of Land cases. It is argued that the District Land and Housing Tribunals
were to be established in each District. Though the Law itself under section 22(1) of the
Act No. 2 provides that, the Tribunal shall be established in each District, Region or
zone depending on the Circumstances.

In Rukwa and Katavi Regions, the District Land and Housing Tribunal is only one. This
is situated and always uses to conduct cases at Sumbawanga Municipality. The
Territorial Jurisdiction of this Tribunal is very wide, and people travel from very far to
seek for its service. Some people use to attend Sumbawanga one day before the day of
conducting a case, so as to avoid dismissal or adjourning of their cases for non-
appearance. Furthermore, the District Land and Housing Tribunal for Rukwa at
Sumbawanga, sometimes decides to start conducting the cases very late so as to allow
late comers to attend their cases. Or sometimes it gives priority to the people who are
living far away, something which results into unnecessary complaints.

In interviewing some of the clients, including Maduka Luketesha who is the resident of
Maji ya Moto, Mpanda on that issue and he had this to say:-

“It is better Land cases to be conducted by the primary Court as it was in previous
times, than how it is for the current time. This is because; at our home the primary
Court is nearby and we use no money to visit it”

I tried to convince him on the fact that the Government’s intention was to involve people
in determining Land cases so as to avoid difficulties and to end up with fair decisions.

24
He replied quickly that “in primary Court, the assessors are mostly residents of a
respective area, but in these Tribunals, the assessors know nothing”. Therefore here
people are not involved rather we were involved in previous times.

Therefore all those events prove that the said Tribunal is not effective as it serve a wide
local Jurisdiction with a large number of people.

3.3.5 The Ward Tribunals compose only laymen

Under section 5(1) (d) of the Ward Tribunals Act of 1985, a person is disqualified to be
a member of the Ward Tribunals if he has legal knowledge. Therefore all members of
the Ward Tribunal are people with no legal knowledge. At the same time, under the
Land Disputes Court Act, CAP 216 RE 200243, the Ward Tribunal is required as
mandatory to observe and adhere with all procedures of determination of land cases. For
example under section 11 of the same act, the composition of the Ward Tribunal is to be
observed as the must. That is to say in each case, a minimum number of member is four,
and that three of them must be women.

Also under section 15 of the Act No. 2 of 2002, the pecuniary jurisdiction of the ward
Tribunal is limited to three millions. However failure to observe the said procedures is
fetal and incurable defect in law. Simply because the law use the ward “shall” which
shows that the provision of law is to be adhered as mandatory and not option. Therefore
non- adherence of these procedures as stipulated by the law renders the proceedings and
the decisions together with orders null and void.

In the District land and Housing Tribunal for Rukwa at Sumbawanga, at least 80% of
cases from Ward Tribunals are dismissed for non- adherence of procedures by the tried
Ward Tribunals in determination of land cases.

43
Act No. 2 of 2002

25
Actually the District land and Housing Tribunal is there to determine cases and give
rights to the winners. By so doing, effectiveness of the District land and Housing
Tribunals as a land court is said to be there. But if all cases are ended with dismissal and
order of re-trial, effectiveness can not said to be there. This is because not all dismissed
cases can be re-instituted because of the cost of conducting the case. Most of the
citizens are not well of economically. Also even if the parties will manage to re-institute
the case, the aim of the Legislature to ensure fast determination of Land Cases is not
achieved by trying the same Case two or more times before the same Court.

For example in the case DONANSIO MWEUPE v EMMANUEL LUSAMBO 44 This

situation is observed. In this case the trial Ward Tribunal of Kaengesa at Sumbawanga
Village conducted the Land case while composed of only two women contrary to
Section 11 of the Act. 2 of 2002, which requires that in each case the number of women
shall be three. The same case moved in the way of appeal up to the High Court of
Tanzania at Sumbawanga, where the order of re-trial by the trial ward Tribunal was
given. This case took almost two years to reach the High Court and the same remitted
back to the Ward Tribunals for re-trial. The High Court in this case held that:-

“The District land and Housing Tribunal sat on a matter which had a base on illegal
proceedings of the illegal Ward Tribunal. The decision of the Tribunals is a well a
nullity for being based on proceedings of improperly constituted Ward Tribunal”

Both proceedings are accordingly quashed and the judgment set aside. However, another
is that of TUMBOMBELEGE WOKONDONGA v. BISHOP MWANDAMBO 45 where
the same problem is observed. Is this case there was non-adherence of legal procedures
as stipulated by the Act No.2/2002 for the ward Tribunals to determine land cases. Also
the High Court of Tanzania at Sumbawanga directed and ordered the re-trial of the case
by the same trial Ward Tribunal.
44
Miscellaneous Land Appeal No. 21/2009 High Court Registry at Sumbawanga (Unreported)
45
Miscellaneous Land Rev. No. 10/2007 High Court Registry at Sumbawang (Unreported)

26
After the decisions of the above cited two cases, a lot of land cases are dismissed for the
same illegal act by the trial ward Tribunals. And order of retrial is obviously given. In
fact this situation also happens in Ordinary Courts of law, and the order of retrial for
non- adherence of some legal procedures by lower court is a normal thing. But it is a
problem which needs some efforts to solve it in the District Land and housing Tribunal
for Rukwa at Sumbawanga as it is too much.

3.3.6 CONCLUSION
Generally, the aim of the Legislature to ensure fast and fair determination of Land cases
in Tanzania is of great Value, but the existing Law has many weaknesses. The same
hinders the achievement of the intended objectives. For example the Laws do not
guarantee independence of Land Tribunal, proper Courts structure and others of the like
as elaborated above.

CHAPTER FOUR
4.0. CONCLUSION AND RECOMMENDATIONS

4.1. Conclusion
The District Land and Housing Tribunal were established together with other Land
Courts to cure the problem of delay of Land cases in Ordinary Courts of Law. With no
doubt, the problem is still unsolved due to the weakness of existing Laws. As the same
ignore and destroy the independence of Land Tribunals, also they do not set a proper

27
Court structure and others of the like. Other problems as to the effectiveness of District
Land and Housing Tribunals are, Widest Local Jurisdiction, they are Courts without
tooth and lack of education for members of the Ward Tribunals which are their
Subordinate Courts.

4.2. Recommendations
For independence of District Land and Housing Tribunals in Determination of Land
cases, either the Constitution or any other Law of Parliament would be enacted or
amended to cover the independence of the said Land Courts. For example Article 107 B
would be amended to include Land Courts, as they deal with important and sensitive
cases.

 Also the powers of the Minister as per Regulation 35 of the Land

Disputes Courts Act should be removed as it is a threatening to the
Security of tenure of the Chairman of the District Land and Housing
Tribunal and well as the independence of the Court.

 Furthermore, the employment of the Chairman of the District Land and

Housing Tribunal should be that of permanent and not for contract as
stipulated for under section 25 of the Act No. 2 of 2002. Again, the law
should restrict easy and unreasonable removal of the Chair persons from
office by establishing special and difficult procedures for removal of the
same officers.

 On the issue of improper Court structure, the establishing Law should be

amended to make the Ward Tribunals responsible administratively to the
District Land and Housing Tribunals. This can be held by putting them
in the same controlling authority. Probably, it is to shift the Ward
Tribunals from the Control of District authorities to the same Ministry for
Land.
28
  On the point of the District Land and Housing Tribunals to be a toothless
Courts, the Law under Section 33, of Act No. 2 of 2002 should be
amended and the same give powers to the Tribunal to punish people who
disobey its orders and decisions.
 On the issue of wide local Jurisdiction, the Government should make sure
that each District has at least one Land Tribunal and more than one
Chairman and not a single Chairman as per section 23(1) of the Act No. 2
of 2002
 On the issue of composition of the Ward Tribunals, Section 5(1) of the
Act No. 2 of 2002 should be amended to include at least one member
with Legal knowledge. Or if not desirable, the members of the Ward
Tribunal should before start working be given a basic knowledge on their
work. The Government should prepare a budget for under taking this
task.

Generally, to avoid all the problems leading to the ineffective operations of the District
Land and Housing Tribunals, they should be attached to the Judiciary and be part of it.
This would make things very easy, as the same Tribunals would enjoy the privileges of
the judicial organ.

29
 BIBLIOGRAPHY
BOOK.
Fimbo M, (2004), Land Law Reforms in Tanzania, Published by Dar es Salaam
University Press, Dar es Salaam-Tanzania

MANUALS
Dr. Tenga W.R, (2008), Manual on Land Law and Conveyance in Tanzania, Published
by Tumaini University at Dar es Salaam College.
R. Philemon, Basic Principles of Modern Land Policy and Law in Tanzania, Published
by The Institute of Judicial Administration (IJA), Lushoto-Tanga.

PAPERS
Deo Victor, The District Land and Housing Tribunal in Tanzania Main Land; An
Examination of the Execution Stages of Judicial Process.
Molles. Effectiveness of the District Land and Housing Tribunals in Tanzania, the paper
presented at a Seminar for Chairpersons for District Land and Housing Tribunals at
Bagamoyo on 17-19/12/2007.
Kileo E.A (JA), The Land Disputes Settlement System in Tanzania, the paper Presented
at a Seminar Housing Tribunals at Kibaha, 2008.

30