A Cross-Sectional Study of Land Laws as an Antithesis to an Amicable Resolution of Land Disputes in Mkuranga District

  • Augustina Malai
  • Show Author Details
  • Augustina Malai

    LL.M. student at School of Law and Justice, Dar es Salaam Tumaini University DarTU), Tanzania

  • img Download Full Paper

Abstract

Tanzanian land tenure laws define who holds which pieces of land and under what conditions, which sometimes results in conflicts among various landholders. This Article cross-sectionally examines the extent to which land laws impede the resolution of land disputes and the nature of the challenges faced by landholders. At local levels, the land dispute settlement structures are devoid of the power to effectively make decisions, resulting in all the cases being referred to courts of law leading to a massive backlog due to legal technicalities. The mediatory spirit that Village Land Councils are enjoined to apply is equally undermined by executive interference, lack of personnel, and village-level corruption, leading to underutilization. The resource base and human capital capacity of Village Land Councils need to be re-assessed in order to strengthen it by giving the institutions more muscle and teeth to dispose of land disputes in their areas of jurisdiction.

Type

Article

Information

International Journal of Law Management and Humanities, Volume 7, Issue 5, Page 701 - 706

DOI: https://doij.org/10.10000/IJLMH.118306

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021