CHAPTER 118

THE LAND ACQUISITION ACT

[PRINCIPAL LEGISLATION]
Arrangement of Sections

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Section Title

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part i

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PRELIMINARY PROVISIONS

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1. Short title.

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2. Interpretation.

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part ii

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COMPULSORY ACQUISITION

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(a) President may acquire lands
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3. Power of President to acquire lands.
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4. Definition of public purpose.

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5. Preliminary investment.
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6. Notice of intention to take lands.

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7. Notice or intention to yield possession and power to take possession.

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8. Service and publication of notice.

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9. Party not to be compelled to sell or convey part of house.

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10. Owners of inter-related lands may insist on same being taken.

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(b) Compensation
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11. Government to pay compensation.

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12. Restriction on compensation.

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13. Disputes as to compensation, etc.

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14. Assessment of compensation.

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15. Interest.
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16. Effect of decision of court and postponement of payment of compensation.

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17. Parties in possession as owner to be deemed entitled to lands.

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18. Payment to operate as discharge.

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(c) Miscellaneous
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19. When President may withdraw from acquisition of land.

20. Costs and execution in proceedings in which Government is party.
21. Proceedings where possession of land withheld.
22. Penalty for obstruction.

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 THE LAND ACQUISITION ACT [CAP. 118 R.E. 2023]

23. Effect of service of notice.

24. Saving for acquisition by agreement or under any law.
25. Transfer to President.
26. Persons entitled to transfer.
27. Form of transfer.

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28. Certificate of title where no deed available.

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29. Effect of transfer.

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30. Conditions to be imposed upon corporation for which land may be acquired.

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31. Publication of conditions imposed upon corporation.

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32. Compensation to be under this Act regardless of any law.

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part iii

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REDEVELOPMENT AREAS

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33. Interpretation of Part III.

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34. Declaration of redevelopment areas.

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35. Extinction of private rights.
36. Re-grant of land on right of occupancy.
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37. Preservation of trusts, encumbrance, etc..

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38. Exemption from fees and stamp duty.

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part iv
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MISCELLANEOUS PROVISIONS
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39. Repeal.
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40. Saving and transitional provisions.

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41. Regulations.
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198
 CHAPTER 118

THE LAND ACQUISITION ACT

An Act to provide for the compulsory acquisition of lands for public

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purposes and in connection with housing schemes.

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[23rd March, 1968]

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[GN. No. 12 of 1968]

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Acts Nos.

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47 of 1967

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25 of l968

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2 of 2002

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PART I

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PRELIMINARY PROVISIONS
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Short title 1. This Act may be cited as the Land Acquisition Act.
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Interpretation 2. In this Act, unless the context otherwise requires-

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Act No. “corporation” means any body corporate incorporated or

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2 of 2002 Sch.
established by or under any written law and includes a
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company which, though not incorporated in Tanzania,

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has complied with the respective provisions of the

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Cap. 212
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Companies Act;
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“Court” means the High Court (Land Division);

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Cap. 393 “land” means any parcel of land held for a Government
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lease as defined in the Freehold Titles (Conversion) and

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Government Leases Act or under a right of occupancy as

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Cap. 113 defined in the Land Act and any portion of, or any estate
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or interest in, such land;

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“Minister” means the Minister responsible for land;

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“minor settlement” means a minor settlement declared as

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such under the Local Government (District Authorities)

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Cap. 287
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Act, or an area under the jurisdiction of the District

Council which immediately prior to the establishment of
such District Council was a minor settlement;

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 THE LAND ACQUISITION ACT [CAP. 118 R.E. 2023]

“municipality” means a municipality established under the

Cap. 288 Local Government (Urban Authorities) Act;
“township” means an area within the jurisdiction of a
Town Council and an area which, immediately before
the establishment of a District Council for any part of

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R.L.
Cap. 101

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Tanzania, was a Township declared under the Township

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Ordinance.

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PART II

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COMPULSORY ACQUISITION

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(a) President may acquire lands

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3. The President may, subject to the provisions of this Act,

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Power of

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President to
acquire any land for any estate or term where such land is

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acquire lands
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required for any public purpose. re
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4.–(1) Land shall be deemed to be required for a public purpose

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Definition of
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public purpose
where it is-
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(a) for exclusive Government use, for general public use,

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for any Government scheme, for the development

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of agricultural land or for the provision of sites for

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industrial, agricultural or commercial development,

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social services or housing;

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(b) for or in connection with sanitary improvement of any

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kind, including reclamations;

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(c) for or in connection with the laying out of any new

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city, municipality, township or minor settlement or

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the extension or improvement of any existing city,

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municipality, township or minor settlement;

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(d) for or in connection with the development of any

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airfield, port or harbour;

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(e) for or in connection with mining for minerals or oil; or

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(f) for use by any person or group of persons who, in the

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opinion of the President, should be granted such land

for agricultural development.

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 THE LAND ACQUISITION ACT [CAP. 118 R.E. 2023]

(2) Where the President is satisfied that a corporation

requires any land for the purposes of construction of any work
which in his opinion would be of public utility or in the public
interest or in the interest of the national economy, he may,
with the approval, to be signified by resolution, of the National

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Assembly and by order published in the Gazette, declare the

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purpose for which such land is required to be a public purpose

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and upon such order being made such purpose shall be deemed

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to be a public purpose for the purposes of this Act.

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5.–(1) Where the President considers it desirable that land

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Preliminary

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investment
in any locality should be examined with a view to its possible

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acquisition for any public purpose, it shall be lawful for any

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person either generally or specially authorised by the Minister

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in this behalf, and for his assistants and workmen, to do all or
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any of the following things-
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(a) to enter upon and survey and take levels of any land in
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such locality;
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(b) to dig or bore under the subsoil;

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(c) to do all other acts necessary to ascertain whether the

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land is adapted for such purpose; and

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(d) to clear, set out and mark the boundaries of the land
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proposed to be taken and the intended line of the work

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(if any) proposed to be made thereon:

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Provided that, no person except with the consent of the

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occupier thereof shall enter into any building or upon any

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enclosed court or garden attached to a dwelling house, without

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previously giving such occupier at least three days notice of his

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intention to do so.
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(2) As soon as conveniently may be after any entry made

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under subsection (1), the Government shall pay for all damage
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done in consequence of the exercise of any of the powers

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conferred by subsection (1), and, in the case of a dispute as

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to the amount to be paid, either the Minister or the person

claiming compensation may refer such dispute to the Regional
Commissioner for the region in which the land is situate and
the decision of the Regional Commissioner shall be final.

201
 THE LAND ACQUISITION ACT [CAP. 118 R.E. 2023]

Notice of 6. Where the President resolves that any land is required for
intention to take
lands
a public purpose, the Minister shall give notice of intention
to acquire the land to the persons interested or claiming to
be interested in such land, or to the persons entitled to sell or
convey the same, or to such of them as shall, after reasonable

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inquiry, be known to him.

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7.–(1) The Minister may, by notice under section 6 or

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Notice or

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intention to yield
intention by any subsequent notice, direct the persons upon

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possession and

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power to take whom the notice is required to be served under section 6 to

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possession
yield possession of such land after the expiration of the period

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specified in the notice, which period shall not be less than six

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weeks from the date of the publication of the notice in the

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Gazette in accordance with subsection (3) of section 8:

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Provided that, where the President has certified that the
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land is urgently required for a public purpose, such persons
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may be required to yield up possession of the land within such

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lesser period as the President may direct.

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(2) At the expiration of the period specified in subsection (1),

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the President and all persons authorised by him shall be entitled

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to enter into and take possession of such land accordingly.

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Service and 8.–(1) Every notice under section 6 and 7 shall be served either
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publication of
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personally on the persons to be served or shall be left at their

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notice
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last usual place of abode or business, if any such place can

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after reasonable inquiry be found, and in case any such person

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is absent from Tanzania or if such person or his last usual

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place of abode or business after reasonable inquiry cannot be

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found, such notice shall be left with the occupier of such land,
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or if there be no such occupier, shall be affixed upon some

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conspicuous part of such land.

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(2) Where any person upon whom a notice under section 6

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or 7 is required to be served is a corporation, such notice

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shall be deemed to have been served personally upon the

corporation if it is left at the principal office of such corporation
in Tanzania or if no such office can after reasonable inquiry be

202
 THE LAND ACQUISITION ACT [CAP. 118 R.E. 2023]

found, is served upon some officer (if any) or agent (if any) of
such corporation in Tanzania.
(3) Every notice under section 6 and 7 shall be published
in the Gazette as soon as may be practicable after the same has
been served in accordance with subsection (1).

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(4) Where any notice under section 6 or 7 has been

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published in the Gazette, the acquisition of the land to which

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such notice relates shall not be invalid by reason only of any

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irregularity in the service of the notice or by reason of it having

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been published prior to its service on any person required to

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be served therewith.

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9. A person shall not at any time be required to yield up

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Party not to be

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compelled to sell
possession to the President of a part only of any house or other

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or convey part of

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building if such person is willing and able to yield possession
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of the whole of such house or building.
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10.–(1) Where any land acquired under this Act is a portion of

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Owners of inter-
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related lands may

land held for a Government lease or under a right of occupancy
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insist on same
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in the circumstances in which the remainder of land would be

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being taken
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of less than half an acre, the holder of the Government lease

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or right of occupancy may, within thirty days of the notice that

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the portion of the land is required for a public purpose being

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published in the Gazette, by notice in writing served upon the

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Minister, require the President to acquire the whole of the land

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comprised in the Government lease or right of occupancy,

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as the case may be, and upon such notice being served the
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President shall acquire the whole of such land:

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Provided that, where the President is satisfied that the

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holder of the Government lease or right of occupancy holds

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a Government lease or right of occupancy in respect of land

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immediately adjoining the land which would remain in his

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possession should the acquisition of the portion required for a

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public purpose be completed, so that the land so remaining in

his possession together with such adjoining land would exceed

203
 THE LAND ACQUISITION ACT [CAP. 118 R.E. 2023]

half an acre in area, the President may refuse to acquire the

remainder of the land.
(2) This section shall not apply to any land situate within
any city, municipality or township.

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(b) Compensation

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11.–(1) Subject to the provisions of this Act, where any land is

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Government to

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pay compensation
acquired by the President under section 3, the Minister shall on

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behalf of the Government pay in respect thereof, out of moneys

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provided for the purpose by Parliament, such compensation

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as may be agreed upon or determined in accordance with the

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provisions of this Act.

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(2) Notwithstanding any provision of the Land Act to the

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Cap. 113

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contrary, the President may, with the consent of the person
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entitled to compensation under subsection (1) and shall, in
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cases where it is so required by subsection (3) of section 12,

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make to the person entitled to compensation a grant of public

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land not exceeding in value the value of the land acquired, for
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an estate not exceeding the estate acquired and upon the same
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terms and conditions as the land acquired was held, so far as

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the same may be practicable, in lieu of or in addition to any

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compensation payable under this section.

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12.–(1) A compensation shall not be awarded in respect of any

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Restriction on
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compensation
land which is vacant ground.
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(2) Where the development of any land acquired under this

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Act is inadequate, whether such land is in an urban area or in

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a rural area, any compensation awarded shall be limited to the

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value of the unexhausted improvements of the land.

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(3) Where the land acquired is land which, immediately

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prior to its acquisition, was being used as a cemetery or

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a crematorium or for any purpose other than for gain or

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profit for, or personal occupation by, the person holding the

Government lease or right of occupancy in respect of the land
the compensation shall, if the President so directs, consist of
the value of any unexhausted improvements of the land and

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 THE LAND ACQUISITION ACT [CAP. 118 R.E. 2023]

a grant of some public land not exceeding in value the value

of the land acquired, for an estate not exceeding the estate
acquired and upon the same terms and conditions as the land
acquired was held so far as the same may be practicable and
the public land so granted shall, so far as the same may be

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practicable, be within the same city, municipality, township

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or minor settlement, as the case may be, within which the

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land acquired is situate unless the holder of such Government

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lease or right of occupancy agrees to accept a grant of public

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land elsewhere.

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(4) Land shall not cease to be vacant ground for the purpose

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of this section by reason only of it-

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(a) having been fenced or hedged;

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(b) having been levelled;

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(c) having been ploughed or cleared; re
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(d) consisting of a cleared or partially cleared site of some
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former development; or
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(e) being used, otherwise than as an ancillary to adjacent

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land which is not vacant land or land which is

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inadequately developed, as a place of deposit for refuse

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or waste or as standing or parking places for vehicles:

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Provided that, in the case of land in a rural area which

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is used for agricultural, pastoral or mixed agricultural and

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pastoral purposes, the land shall not be deemed to be vacant

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ground unless such land has not been used for cultivation or
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pasturage or mixed cultivation and pasturage, as the case may

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be, at any time during the period of twelve months immediately

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preceding the publication of the notice in the Gazette stating

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that the land is required for a public purpose.

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(5) The development of land shall be deemed to be

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inadequate for the purposes of this section-

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(a) where the land is in an urban area, if-

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(i) it has been developed by erection of buildings,

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structures or works which have fallen into

substantial disrepair, or into desuetude, and the
land has been unoccupied, or occupied solely by a

205
 THE LAND ACQUISITION ACT [CAP. 118 R.E. 2023]

person employed as a watchman, for a continuous

period of not less than three months immediately
preceding the publication of the notice stating
that the land is required for a public purpose;
(ii) it is used or developed at the time of the publication

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of such notice solely for cultivation or pasturage

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or both cultivation and pasturage; or

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(iii) it is used at the time of the publication of such

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notice solely for habitation, in dwellings of their

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own construction or dwelling places adapted

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from buildings formerly abandoned, by persons

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holding at the will or sufferance of a person having

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title to the land or by trespassers; and

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(b) where the land is in a rural area, if, having regard to the

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character and situation of the land and other relevant
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circumstances, the development of the land is not in
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accordance with good estate management.

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(6) Nothing in this section shall apply to land within the six
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months immediately following-

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(a) the grant of a right of occupancy under the Land Act;

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Cap. 113
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(b) a declaration under the Freehold Titles (Conversion)

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R.L.
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Cap. 523
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and Government Leases Act that the land is ripe for

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development;
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(c) the approval of the Minister of, or the consent of the

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Commissioner for Lands to, a disposition of the land; or

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(d) the approval of the local government authority within

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whose area of jurisdiction the land is situate of a scheme

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for the development or redevelopment of the land.

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(7) In this section-

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“rural area” means any area which is not an urban area;

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“unexhausted improvements” means any quality permanently

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attached to the land directly resulting from the expenditure

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of capital or labour by a person holding under a right of

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occupancy or Government lease, or any person acting

on his behalf or holding under him for a term of years,
and increasing the productive capacity, utility or amenity

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 THE LAND ACQUISITION ACT [CAP. 118 R.E. 2023]

thereof, but does not include the results of ordinary

cultivation other than standing crops or growing produce;
“urban area” means an area within the jurisdiction of a city,
municipal or town council.

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13. Where any land is acquired under this Act and there is a

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Disputes as to

of
compensation,
dispute or disagreement relating to any of the following matters-

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etc.

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Act No. (a) the amount of compensation;

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2 of 2002 Sch.
(b) the right to acquire the land;

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(c) identity of persons entitled to compensation;

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(d) the application of section 12 to the land;

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(e) any right, privilege or liability conferred or imposed by

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this Act; or

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(f) the apportionment of compensation between the persons

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entitled to the same,
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and such dispute or disagreement is not settled by the parties
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concerned within six weeks from the date of the publication

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of notice that the land is required for a public purpose, the

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Minister or any person holding or claiming any interest in the

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land may institute a suit in the Court for the determination of

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the dispute.
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14. In assessing compensation for any land acquired under the

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Assessment of
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compensation
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provisions this Act, the Minister or the Court, as the case may
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be, shall, subject to section 12-

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(a) take into account the value of such land at the time of the
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publication of a notice under section 8 without regard

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to any improvement or work made or constructed

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thereon thereafter or to be made or constructed in the

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implementation of the purpose for which it is acquired;

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(b) when part only of the land belonging to any person is

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acquired, take into account any probable enhancement

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of the value of the residue of the land by reason of

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the proximity of any improvements or works made

or constructed or to be made or constructed on the
part acquired;

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 THE LAND ACQUISITION ACT [CAP. 118 R.E. 2023]

(c) take into account the damage, if any, sustained by the

person having an estate or interest in the land by reason
of the severance of such land from any other land or
lands belonging to the same person or other injurious
effect upon such other land or lands;

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(d) not take into account any probable enhancement in the

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value of the land in future;

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(e) not take into account the value of the land where a grant

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of public land has been made under the provisions of

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subsection (2) of section 11;

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(f) assess such compensation in accordance with such

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principles, in addition to and not inconsistent with the

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principles specified in this section, as may be prescribed.

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15.–(1) Subject to the provisions of subsection (2), where the
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President, in pursuance of a notice under section 7, has entered
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into possession of any land before the compensation has been

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paid to the person or persons entitled to the same, or before

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compensation awarded by a decree of the Court in respect of

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such land has been paid into the Court, as the case may be, the
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Minister shall pay to such person or persons, in addition to

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the compensation, interest thereon at the rate of six per centum

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per annum from the date when possession is taken until such
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compensation is paid to such person or persons entitled to the

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same or is paid into the Court.

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(2) At any time after the publication in the Gazette of a

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notice under section 7 to yield possession of any land, the

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Minister may, without prejudice to the ultimate conclusion

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of any agreement as to the compensation to be paid or to the

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ultimate award of compensation by the Court, pay or tender

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to any person or persons entitled to such compensation such

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amount as he may consider to be a fair compensation for the

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land acquired, and where such payment or tender has been

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duly made, then, as from the date of the payment or tender,

interest shall not be payable under subsection (1) of this
section upon such part of the compensation ultimately agreed

208
 THE LAND ACQUISITION ACT [CAP. 118 R.E. 2023]

on or of the compensation ultimately awarded by the Court as

may be equal to the amount so paid or tendered.

Effect of decision 16.–(1) Appeals from decisions of the Court shall be governed
of court and
by the provisions of the Land Disputes Courts Act.

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postponement
(2) In all cases where any compensation has been awarded

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of payment of

of
compensation
by the Court, the amount thereof shall, except where the

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Cap. 216

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Act No. Court otherwise directs be paid into the Court and shall not

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2 of 2002 Sch.
be paid out of Court save in accordance with the directions of

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the Court.

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(3) The payment of the amount of compensation into the

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Court as aforesaid shall operate as a complete discharge of the

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Minister from all claims in respect of the land but shall not bar

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or
any subsequent proceedings by any person claiming to have

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a better right to the compensation or a right to a share of the
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same against the person to whom the same has been awarded:
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Provided that, proceedings under this subsection by any

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person claiming to have a better right to any compensation or

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a right to share in any compensation shall not be commenced

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three years after the date of the final decision.

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(4) For the purposes of this section, the date of the final
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decision means the date of the decree of the Court or, where
o
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an appeal has been made against such decree, the date of the
ver
se

judgment of the Court of Appeal.

re
s
ht
rig

Parties in 17. Where any question arises respecting the title to any land
ll
.A

possession as
to be acquired under this Act, the parties in possession as
a
ni

owner to be
za

deemed entitled being the owners thereof, or in receipt of the rents of such land
an
fT

to lands
as being entitled thereto, immediately before the time when
to
en

such land is acquired shall be deemed to have been lawfully

n m

entitled to such land unless the contrary is shown to the

er
ov

satisfaction of the Court; and all parties claiming under them

G
25

or consistently with their possession shall be deemed entitled

20
©

to the compensation, but without prejudice to any subsequent

proceedings against such parties at the instance of any person
claiming to have a better right thereto.

209
 THE LAND ACQUISITION ACT [CAP. 118 R.E. 2023]

Payment to 18.–(1) Where the Minister pays the amount of compensation

operate as
discharge
to any person who appears to him to be entitled to such payment
under section 17 or where he pays such amount into the Court
in accordance with subsection (2) of section 16, such payment
shall effectively discharge the Minister from being answerable

.
AG
O
for any misapplication of the amount of compensation or for

of
n
payment of the whole or any part thereof to any person or

io
s
is
persons not entitled to the same.

m
er
tp
(2) Where it appears to the Minister that any estate or interest

ou
in any land acquired under this Act was held by any person in

ith
w
any fiduciary or representative character, the Minister may, if

ed
ut
rib
he thinks fit, apply to the Court for directions as to whom and

st
di
in what proportions the compensation should be paid.

or
ed
(3) An application for directions under subsection (2) shall

uc
od
be by chamber summons and shall be regulated, insofar as the
re
pr
same may be applicable, by the rules prescribed in the Civil
be

Procedure Code.
ay

Cap. 33
m
ok
bo

(c) Miscellaneous
is
th
of
rt

When President 19.–(1) Nothing in this Act shall be construed as requiring the
pa

may withdraw
o

President to complete the acquisition of any land unless he has

.N

from acquisition
d

entered into possession of the land or has failed within one

ve

of land
r
se

Act No.
month of the judgment of the Court to intimate to the Court
re

2 of 2002 Sch.
s

that he does not intend to proceed with the acquisition:

ht
rig

Provided that, where acquisition is not completed, the

ll
a.A

owner of the land and all persons entitled to any estate or

ni
za

interest in the land shall be entitled to receive from the

an
fT

Government all such costs as may have been incurred by them

to
en

by reason or in consequence of the proceedings for acquisition

n m
er

and compensation for the damage (if any) which they may
ov
G

have sustained by reason or in consequence of the notice of

25
20

intended acquisition.
©

(2) Where the amount of costs or compensation to which

a person may be entitled to under the proviso to subsection
(1) is not agreed upon, such person may institute a suit in the
Court for the assessment and recovery of the same.

210
 THE LAND ACQUISITION ACT [CAP. 118 R.E. 2023]

(3) Every suit under subsection (2) shall be governed by the

Court and the decree of the Court may be appealed against in
the same manner and to the same extent in all respects as other
decrees of the Court.

.
AG
20.–(1) In any proceedings under this Act to which the

O
Costs and

of
execution in
Government is a party, the parties thereto shall be entitled to

n
io
proceedings

s
is
in which receive costs against each other in the same manner as if such

m
er
Government is
proceedings were conducted and had been between private

tp
party

ou
persons:

ith
w
Provided that, in proceedings under section 13 or section 19

ed
ut
for compensation or costs where the amount awarded by

rib
st
the Court as such compensation or costs to any person does

di
or
not exceed the sum offered to him by the Minister as such

ed
uc
compensation or costs, such person shall pay the costs of all
od
pr
proceedings under section 13 or section 19, as the case may be,
re
be

rendered necessary by his action.

ay
m

(2) Where in any proceedings under this Act, a decree or

ok
bo

order for the payment of money is passed or made against the

is
th

Government, such decree or order shall not be enforced save

of
rt

in the manner provided for in the law for the time being in
pa
o

force regulating the enforcement of decrees and orders against

d .N

the Government.
ver
se
re
s

21. Where any person hinders or obstructs any person duly

ht

Proceedings
rig

where possession
authorised by the President from entering upon and taking
ll
.A

of land withheld
possession of any land on which the President may lawfully
a

Acts Nos.
ni
za

25 of 1968 s. 2;
enter in pursuance of this Act, the Minister may apply ex
an

2 of 2002 Sch.
fT

parte at any time to the District Land and Housing Tribunal

to
en

within whose jurisdiction such land is situate for an order

n m
er

of ejectment and such court may thereupon and upon proof

ov
G

of the publication in accordance with section 8 of the notice

25
20

under section 7, issue an order of ejectment addressed to

©

any officer of the court or to any police officer and such

officer or police officer shall forthwith eject any person so
withholding possession.

211
 THE LAND ACQUISITION ACT [CAP. 118 R.E. 2023]

Penalty for 22. A person who wilfully hinders or obstructs any person
obstruction
duly authorised by the President from entering upon or taking
possession of any land in pursuance of the provisions of this Act
or exercising in respect of any land any of the rights conferred
by section 5, or who molests, hinders or obstructs such person

.
AG
O
when in possession of such land, or when exercising any of

of
n
such rights or hinders or obstructs any officer of court or police

io
s
is
officer when executing an order of ejectment, shall be liable to

m
er
tp
a fine not exceeding five thousand shillings or to imprisonment

ou
for a term not exceeding two years or to both.

ith
w
ed
ut
23. The fact that a notice has been served upon any person under

rib
Effect of service

st
of notice
section 6 or 7 or that any such notice has been published in the

di
or
Gazette shall not be taken as an admission by the President

ed
uc
that the person on whom such notice has been served or the
od
pr
person named in the notice or any other person has any estate
re
be

or interest in the land or any part of the land specified in the

ay
m

notice, or debar the Minister from alleging in any proceedings

ok
bo

under this Act or otherwise that all rights in or in relation to

is
th

such land are vested in the President.

of
rt
pa

24. This Act shall not prevent the President or the Minister
o

Saving for
.N

acquisition by
d

from entering into any agreement with a person having any

ve

agreement or
r
se

under any law estate or interest in the land for the acquisition of such estate
re
s

or interest or from acquiring any land under any terms or

ht
rig

conditions contained in any Government lease or right of

ll
.A

occupancy or under the provisions of any other written law.

a
ni
za
an
fT

Transfer to 25. Where a notice to acquire any land under this Act has been
to

President
en

published in accordance with the provisions of section 8, the

m

Act No.
n

persons entitled to transfer the land shall, within six weeks

er

25 of 1968 s. 3
ov

of the publication of the notice in the Gazette, transfer and

G
25

convey the same to the President, notwithstanding anything

20
©

to the contrary contained in any written law or in any order

made or issued by a court otherwise than under the provisions
of this Act.

212
 THE LAND ACQUISITION ACT [CAP. 118 R.E. 2023]

Persons entitled 26. The persons entitled to transfer land to the President shall
to transfer
be the persons who are seized, possessed of or entitled to land or
any estate or interest or interest therein and also all guardians,
managers of the estates of lunatics, trustees, executors and
administrators, and all persons for the time being entitled to

.
AG
O
the receipt of the rents and profits of the land; and the power

of
n
to transfer land to the President as aforesaid may lawfully be

io
s
is
exercised by such persons not only on behalf of themselves

m
er
tp
and their respective heirs, executors, administrators and

ou
successors, but also for and on behalf of every person entitled

ith
w
in reversion or remainder after them or in defeasance of their

ed
ut
rib
estates, and as to such guardians on behalf of their wards, as

st
di
to such managers of the estates of lunatics on behalf of such

or
ed
lunatics, and as to such trustees, executors and administrators

uc
od
on behalf of their cestuis que trust respectively to the same
re
pr
extent as such wards, lunatics, and cestuis que trust could
be

have exercised the same powers under this Act if they had
ay
m

respectively been under no disability.

ok
bo
is
th

Form of transfer 27. Every transfer and disposition to the President under this
of
rt

Act shall, notwithstanding anything to the contrary contained

pa
o

in any written law, be in the prescribed form.

d .N
ver
se

Certificate of title 28.–(1) Where six weeks have elapsed since the publication, in
re

where no deed
s

accordance with section 8, of a notice to acquire any land, and

ht

available
rig

Acts Nos. no deed of transfer or disposition has been executed for the
ll
.A

25 of 1968 s. 4
transfer of such land to the President in accordance with the
a
ni

2 of 2002 Sch.
za

terms of such notice or other terms as may have been agreed

an
fT

upon between the Minister and the person entitled to transfer

to
en

such title, the Minister may apply, ex parte, to the Registrar

n m
er

for the grant and registration of a certificate of title to the land

ov
G

Cap. 334 in accordance with such terms, and notwithstanding anything

25
20

to the contrary contained in the Land Registration Act or

©

any other written law or any order made or issued by a court

otherwise than under the provisions of this Act, the Registrar
shall, if satisfied by affidavit or otherwise that-

213
 THE LAND ACQUISITION ACT [CAP. 118 R.E. 2023]

(a) the application is made in such circumstances as

aforesaid; and
(b) no proceedings in respect of the acquisition of the land
other than proceedings for or relating to compensation,
are pending before the Court or the Court of Appeal

.
AG
O
of Tanzania,

of
n
grant to the President a certificate of title to the land in

io
s
is
accordance with such terms and record and register the same

m
er
in the appropriate register.

tp
ou
(2) In this section, Registrar means-

ith
w
(a) where the land is registered land, the Registrar of Titles

ed
Cap. 334

ut
appointed under the Land Registration Act; and

rib
st
di
Cap. 117 (b) where the land is unregistered land, the Registrar

or
appointed under the Registration of Documents Act.

ed
uc
od
pr
29. Where-
re
Effect of transfer
be

Act No.
(a) a deed of transfer or disposition is granted in accordance
ay

25 of 1968 s. 5
m

with the provisions of this Act in respect of any land

ok
bo

and such transfer or disposition is registered in the

is
th

appropriate registry in accordance with the provisions

of

of the Land Registration Act or the Registration of

rt

Caps. 334 and 117

pa
o

Documents Act, as the case may be; or

d .N

(b) a certificate of title is registered under section 28,

ver
se

such transfer, disposition or certificate of title shall confer

re
s

upon the President the land comprised or referred to in

ht
rig

such transfer, disposition or certificate of title free from all

ll
.A

adverse or competing rights, title, trusts, claims and demands

a
ni
za

whatsoever, but subject, however, to the terms and conditions,

an
fT

if any, therein mentioned.

to
en
m

30. It shall be lawful for the President to require any corporation

n

Conditions to be
er
ov

imposed upon
as a condition precedent to any declaration under subsection
G

corporation for
25

which land may (2) of section 4 to enter into a contract with the Government
20
©

be acquired
making stipulations to the satisfaction of the President with
regard to any of the following matters-
(a) the provision of security for the payment of the cost of
and compensation for acquisition of the land;

214
 THE LAND ACQUISITION ACT [CAP. 118 R.E. 2023]

(b) the terms on which the land shall be held;

(c) the time within which and the conditions under which
the work for the construction of which the land is to be
acquired shall be executed and maintained; and
(d) the terms on which the public shall be entitled to use

.
AG
O
and derive benefit from the work and to deal with the

of
n
corporation in connection therewith.

io
s
is
m
er
31. Upon the execution of any contract referred to in section 30,

tp
Publication

ou
of conditions
the stipulations contained in such contract shall be embodied

ith
imposed upon

w
in the order of the President under subsection (2) of section 4.

ed
corporation

ut
rib
st
Compensation 32. Where any land is acquired under this Act then,

di
or
to be under this
notwithstanding the provisions of any other law, the compensation

ed
Act regardless of

uc
any law payable, if any, shall be in accordance with the provisions of
od
pr
this Act.
re
be
ay

PART III
m
ok
bo

REDEVELOPMENT AREAS
is
th
of
rt

33.–(1) In this Part, unless the context otherwise requires-

pa

Interpretation
o

of Part III
“appointed day”, in relation to any redevelopment area,
d .N

means the day on which the order declaring the area to

ver
se

be a redevelopment area is first published in the Gazette;

re
s
ht

“building” means any structure of whatsoever materials

rig

constructed and whether of a temporary or a permanent

ll
.A
a

nature;
ni
za
an

“development owner”, in relation to any building, means the

fT

owner, or where the building was built by or on behalf of

to
en

the occupier with the consent of the owner, or the building

n m
er

was built by or on behalf of some previous occupier with

ov
G

the consent of the owner and the current occupier paid

25
20

the immediately preceding occupier consideration for the

©

building, means the occupier;

“occupier” means the person in occupation of land on the
appointed day and, where there are more than one such

215
 THE LAND ACQUISITION ACT [CAP. 118 R.E. 2023]

person, means that one of them who is the owner, or who

is responsible (or would be so responsible if the land were
let at a rent or otherwise occupied in circumstances in
which consideration or damages for such occupation
would be payable) for the payment of rent or other

.
AG
O
consideration or damages to the owner;

of
n
“owner” in relation to land, means the holder of a government

io
s
is
lease or a right of occupancy in respect of the land;

m
er
tp
“peri-urban area” means any area which is defined by the

ou
Minister and is within a radius of five miles outside the

ith
w
boundaries of an urban area;

ed
ut
rib
“urban area” means an area within the jurisdiction of a

st
di
R.L. city, municipal or town council, and an area which,

or
Cap. 101

ed
immediately before the establishment of a district council

uc
R.L.

od
Cap. 102 for any part of Tanzania, was a township declared under
re
pr
the Township Ordinance or a minor settlement declared
be

under the Minor Settlements Ordinance.

ay
m

(2) Where the owner of any land has accepted rent from
ok
bo

an occupier who, or whose predecessor has constructed any

is
th

building on the land, the building shall be deemed to have

of
rt

been constructed with the consent of the owner.

pa
o
d .N

34.–(1) Where the Minister is satisfied as respects any area

ve

Declaration of
r
se

redevelopment
within an urban area or as respects any peri-urban area-
re

areas
s
ht

(a) that the area is one developed principally for housing

rig

and that the greater number of houses therein-

ll
.A
a

(i) are, by reason of their bad arrangement or manner

ni
za
an

of construction, or of the materials used therein,

fT

or of the lack of sanitary facilities or facilities for

to
en

the storage of food, unsuitable as urban dwellings;

n m
er

(ii) are not of permanent construction; or

ov
G

(iii) are unfit for human habitation; and

25
20

(b) that a scheme for the redevelopment of such area and

©

the provision of housing of improved standards has

been or will be prepared, and that such redevelopment
cannot be carried out expeditiously or conveniently by
the owner or owners,

216
 THE LAND ACQUISITION ACT [CAP. 118 R.E. 2023]

he may, by order published in the Gazette, declare the area

to be a redevelopment area.
(2) Where the Minister declares any area to be a
redevelopment area, he shall cause the area to be defined on
a map and shall cause copies of such map to be exhibited at

.
AG
O
the offices of the local government authority within whose

of
n
jurisdiction the redevelopment area or any part thereof

io
s
is
is situate.

m
er
tp
ou
Extinction of 35.–(1) Upon the appointed day, all interests in or over land

ith
w
private rights
within the rights redevelopment area, other than-

ed
ut
(a) the wayleaves, easements or licences described in

rib
st
subsection (4); and

di
or
(b) the interests of the President,

ed
uc
shall be extinguished and, subject to this Act, all land in such
od
pr
area shall be under the control and subject to the disposition
re
be

of the President.
ay
m

(2) Save to the extent that a person entitled to any rights

ok
bo

extinguished is eligible for a grant of a right of occupancy

is
th

under section 36, or provision is made for the preservation

of

of such rights in accordance with section 36 or section 37,

rt
pa
o

compensation shall not be payable for the extinction of any

d .N

right under this section.

ver
se

(3) Any agreement for the disposition of any interest in or

re
s

over land within a redevelopment area which is made, but is

ht
rig

not given effect to, before the appointed day shall be void.
ll
.A
a

(4) Wayleaves, easements or licences to which this section

ni
za

refers are any wayleaves, easements or licences granted by or

an
fT

under any written law in respect of any works of electrical,

to
en

highway, sewage and drainage, or water undertakings or

n m
er

authorities, post office works or railway works.

ov
G
25

36.–(1) Subject to the provisions of section 37, the Minister

20

Re-grant of
©

land on right of
occupancy
shall, as soon as may be after the appointed day, grant to
every development owner within the redevelopment area,
a right of occupancy over the land on which the building of
which he is the development owner is situate; and until such

217
 THE LAND ACQUISITION ACT [CAP. 118 R.E. 2023]

right is granted, the development owner shall be deemed to

hold a right of occupancy over such land on such terms as
the Minister may by order prescribe, and any person who,
immediately before the appointed day, held such land or any
part thereof as a tenant or sub-tenant of the development

.
AG
O
owner shall be deemed to hold the same land or part thereof

of
n
under a tenancy created out of such right of occupancy on the

io
s
is
terms and conditions on which he held the same immediately

m
er
tp
before the appointed day.

ou
(2) Subject to the provisions of the Land Act, the terms and

ith
Cap. 113

w
conditions of rights of occupancy granted under this section

ed
ut
rib
shall be at the discretion of the Minister.

st
di
(3) This section shall not require the Minister to make a

or
ed
grant of a right of occupancy to any local government authority

uc
od
but where for this subsection any such authority, would be
re
pr
eligible under subsection (1) for a grant of right of occupancy,
be

the Minister may make land available in accordance with any

ay
m

written law in that behalf.

ok
bo
is
th

Preservation 37.–(1) Where the person eligible in accordance with

of

of trusts,
rt

section 36 for a right of occupancy over any land held the land
pa

encumbrance,
o

or any building or part thereof on the land, immediately before

.N

etc.
d

the appointed day-

ver
se

(a) on trust for any person or purpose; or

re
s
ht

(b) subject to any incumbrance, interest, right, term or

rig

condition for the benefit of another (not being an

ll
.A
a

encumbrance, interest, right, term or condition for the

ni
za
an

benefit of a lessor as such),

fT

the Minister may, as a condition of the grant, require the

to
en

proposed grantee to make such disposition or declarations

n m
er

as he thinks necessary or expedient to preserve such trust,

ov
G

encumbrance, interest, right, term or condition for the benefit

25
20

of the person or purpose formerly entitled thereto.

©

(2) Where the proposed grantee refuses or neglects to

make any disposition or declaration required of him under
this section, the Minister may, whether by grant of a right
of occupancy to the person for whose benefit any such trust,

218
 THE LAND ACQUISITION ACT [CAP. 118 R.E. 2023]

encumbrance, interest, right, term or condition subsisted, or

otherwise, make such provision for the preservation thereof as
he thinks necessary and just.
(3) The Minister may, by notice in writing, require any person
eligible for the grant of a right of occupancy under section 36 to

.
AG
O
make a full disclosure of all trusts and other interests to which

of
n
this section refers, and any person who neglects or refuses to

io
s
is
make such disclosure within the time specified in the notice or

m
er
tp
who makes any statement which he knows to be false or does

ou
not believe to be true in purported compliance with any such

ith
w
notice commits an offence and on conviction shall be liable to

ed
ut
rib
imprisonment for a term not exceeding two years or to a fine

st
di
not exceeding five thousand shillings or to both.

or
ed
uc
38.–(1) Fees shall not be payable under the Land Act or the
od
Exemption from
fees and stamp pr
Land Registration Act on the grant of a right of occupancy
re

duty
be

Caps. 113 under section 36 or section 37, or on the first registration of

ay
m

and 334
such right.
ok
bo

(2) Stamp duty shall not be payable in respect of the grant of

is
th

a right of occupancy under section 36 or section 37, or on any

of
rt

disposition or declaration made in accordance with a notice

pa
o

under section 37.

d .N
ver
se

PART IV
re
s
ht

MISCELLANEOUS PROVISIONS
rig
ll
.A
a
ni

Repeal 39. [Repeals the Land Acquisition Ordinance R.L Cap. 118.]
za
an
fT

40. Notwithstanding the repeal of the Land Acquisition

to

Saving and
en

transitional
Ordinance-
n m

provisions
er

R.L. (a) all proceedings commenced under the Ordinance

ov
G

Cap. 118
and pending before any court immediately before the
25
20

commencement of this Act shall be continued and

©

concluded as if this Act had not been enacted:

Provided that, where any proceedings are pending before
any court otherwise than in appeal from a decision of

219
 THE LAND ACQUISITION ACT [CAP. 118 R.E. 2023]

another court and such proceedings are for assessment of

compensation, the compensation shall, if the same has not
been assessed, be assessed in accordance with the provisions of
this Act and compensation shall not in any such proceedings
be awarded in any case in which no compensation would be

.
AG
O
awarded under this Act;

of
n
(b) all orders, notices, directions, appointments and other

io
s
is
acts and things lawfully made, issued or done under

m
er
tp
any of the provision of the Ordinance and made, issued

ou
or done before the commencement of this Act, shall be

ith
w
deemed to have been made, issued or done under the

ed
ut
rib
corresponding provision of this Act, and shall continue

st
di
to have effect accordingly;

or
ed
(c) any decree or order of the Court passed or made before

uc
od
the commencement of this Act may be enforced as if
re
pr
this Act had not been enacted.
be
ay
m

Regulations 41. The Minister may make regulations for the better carrying
ok
bo

out of the purposes of this Act and, without prejudice to the

is
th

generality of the foregoing, may make regulations-

of
rt

(a) prescribing anything which under the provisions of

pa
o

this Act may be prescribed;

d .N

(b) prescribing forms of notices, transfers and dispositions

ver
se

to be issued or made under this Act;

re
s
ht

(c) prescribing, subject to the provisions of section 14, the

rig

principles upon which compensation under Part II

ll
.A
a

shall be assessed;
ni
za
an

(d) prescribing rules for the registration of trusts and other

fT

interests to which section 37 refers.

to
en
n m
er
ov
G
25
20
©

220