THE HIERACHY OF LAND COURTS IN TANZANIA

THE HIERACHY OF LAND COURTS IN TANZANIA.

In Tanzania there are special Courts that deal with land matters. Both the Land Act,1999 through section 167 and section 62 of the Village Land Act, 1999 provide that dispute or complaint concerning

land shall be instituted in the Court having jurisdiction to determine

land disputes in a given area.

(a) The Village Land Council

; (b) The Ward Tribunal;

(c) The District Land and Housing Tribunal;

(d) The High Court (Land Division);

(e) The Court of Appeal of Tanzania.

You can also find such provision in The Courts ( Land Disputes Settlements), Act no. 2. 2002.

VILLAGE LAND COUNCIL

The Council is established in every village under section 60 of the Village Land Act, 1999. The Council is composed of 7members, 3 of whom must be women, nominated by the Village Council and approved by the village assembly.

FUNCTIONS AND DUTIES

To receive complaints

Arranging and calling parties for a meeting.

To mediate and assist parties in dispute to arrive at a mutual accepted solution.

NB. Seeking the service from the Council is voluntary and no person is forced to refer the matter to the Council............

The duty of the council is to mediate hence settling conflict amicabily

THE WORD TRIBUNAL

 Ward Tribunal is established under the Ward Tribunals

Act, 1985 which has jurisdiction and powers in relation to the area of a District Council in which it is established.

COMPOSITION

Ward Tribunal must consist of not less than four nor more than eight members of whom three shall be women who shall be elected

by a Ward Committee as provided for under section 4 of the Ward

Tribunals Act, 1985.

FUNCTIONS AND DUTIES

To mediate as the primary role.

Determines land dispute as a competent Court.

JURISDICTION

In all proceedings of civil nature is limited pecuniary to subject matter whose value does not exceed 3 million.

Word Tribunal’s Powers

To order the recovery of possession of disputed land,

To order specific perfomace of the contracts

To make orders in the nature of injunction

To award amount claimed, compensation, costs and any other orders the Ward Tribunal may deem just.

APPEALS

Appeal is to the District Land and Housing Tribunal within 45days from the date of decision.

2^nd Appeal to the High Court of Tanzania.

DISTRICT LAND AND HOUSING TRIBUNALS

They are established by minister concerned with legal affairs in each district region or zone.

COMPOSITION OF THE COURT

The Chairman and not less than 2 assessors, the assessors give opinion before the judge riches the judgment.  

The whole Court is supposed to have 7 assessors who are appointed by the Minister after consultation with the Regional Commissioner

JURISDICTION

District Tribunal is pecuniary limited to 50 million for recovery of immovable property and 40 million for property whose values can be estimated at money value.

Pecuniary Jursdiction is unlimited on the proceedings under Customary Leaseholds

POWERS

To hear appeals from Ward Tribunal as provided under section 34(1) of The Courts (Land Disputes Settlements) Act, 2002.

To deliver judgment and to issue a decree.

To execute its own decree and orders.

A party my appear in personal or by his Advocate, relative or any member of the household or any authorized officer of a body or corporate

HIGH COURT

It has unlimited jurisdiction. And under land matters it has exclusive original jurisdiction to entertain inter alia proceedings for the recovery of possession of immovable property whose value exceeds 50 million and other proceedings whose value is capable to be estimated at money value exceeds 40million. (see also section 37(c) (d) and (e) of
The Courts ( Land Disputes Settlements), Act no. 2. 2002.)

It has appellate and revisional jurisdiction over decisions arising from District Land and Housing Tribunal.

On hearing the appeal the High Court Judge sits with 2assessors.

COURT OF APPEAL

It is the highest Court in Tanzania with final appellate and original jurisdiction in all matters both union and non union. Has jurisdiction to hear appeals from High Court.

LAND CONFLICT CAN CAUSE GREAT HARM IF NOT SOLVED