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Case Studies | Law | Tanzania | Volume 12 Issue 11, November 2023 | Popularity: 4.5 / 10
Ouster of Adjudicatory Powers of the Ward Tribunals on Land Disputes Resolution in Tanzania: Justice Denial?
Faraji M. Rushagama
Abstract: An Establishment of Land Disputes Resolution mechanism in Tanzania as a distinctive tier to deal with issues of land disputes resolution since the Presidential Commission of Enquiry in Tanzania has been clapped hands for. Both The Land Act and the Village Land Act of 1999 are said to have had stood as a bright light in the heavy darkness of the Land Conflicts resolution in Tanzania due to their contents under Section 167 and 60-63 consecutively. It is under the said provisions of the laws formerly stated were Land Disputes resolution institutions were and are reflected. The Land Disputes Courts Act (?the LDCA?) was a legislation later on enacted for special Land Conflicts Dealings via conflict resolutions institutions established. This adjusted the light to the society with handsome participatory procedures in containing and resolving land disputes via adjudicatory and mediation services. Of all matters, the Ward Tribunal Act (?the WTA?) enjoyed adjudicatory and mediation powers in land disputes on titles or interests there in, whereby, the District Land and Housing tribunal (?the DLHT?) was both an appellate court over the matters arising from the ward tribunal (?WT?) and of original jurisdiction unlike the WT. Recently via the Written Laws Miscellaneous amendments Act No.5/2021, several changes have been done, whereby the WT?s adjudicatory powers was eradicated leaving it with Mediation only powers only. Law makes it mandatory for any dispute in land to be instituted in the DLHT after being admitted in the WT for mediation and within one month from day one of admission of the sag in the WT and obtaining a Certificate of Mediation. This study intends to find out on doles, failure, reasonability, reality and how the changes are celebrated in the society. It appears that changes have decreased adjudicatory judicial stages in land disputes judicial structure and established compulsory mediation for one to institute the land dispute in the DLHT that would in one way or another be a pivot to delay justice or re commemorate land disputes backlog in courts hence blessing the theory of justice delayed is justice denied.
Keywords: Ward tribunal, adjudicatory powers, Mediation, Land Courts, Land Disputes, Commission of Inquiry in Land Matters, justice denied, justice delayed
Edition: Volume 12 Issue 11, November 2023
Pages: 1361 - 1368
DOI: https://www.doi.org/10.21275/SR231113234051
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