Consents To Dispositions Of Land In Tanzania Mainland

Treatise on land tenure law in Tanzania - gives an historical overview, covers customary law, land ownership among tribal peoples, public land and occupancy rights, tenancy, mortgages, land utilization, land reform patterns, the establishment of socialist-inspired rural cooperatives and comments on relevant legislation and on law cases and judicial decisions (jurisprudence). References.

In Tanzania, transfers of rights of occupancy frequently encounter procedural problems, and as regards land transfers, existing legal structures are inadequate. Case law in this area remains insufficiently documented, is contradictory, and there is a dearth of adequate information to guide practitioners through existing precedents. By way of response to these limiations, this manual addresses aspects of procedures involved in land transfer. It sets out the governing laws and summarises principles governing the acquistion and transfer of rights of occupancy, and regulating land ownership in Tanzania. It covers acquisition of public land by individuals and institutions, and the rights and duties of parties between date of contract and date of completion; and the author makes reference to the new 1999 Village Land and Land Acts. He provides a checklist of the steps constituting a transfer, and in a series of annexes presents in detail the relevant statutory provisions, specimen forms, scales of duties and fees payable. Issa Shivji, renowned academic, Professor of Law, and Advocate to the High Court in Tanzania & Zanzibar, provides a forward to the manual.

On the importance of judicial independence.

This book is part of a study on future relations between Sweden and Africa and contains a selection of papers which served as background material to the debate at a conference in 1997 with scholars and policymakers from both Africa and Sweden.

Wherever there is a persons right, there is a corresponding duty imposed upon that person to respect the rights of others. This co-existence of rights and duties may be explained better by the principle of reciprocity of rights and duties. Such is the basis of Land as as Human Right: A History of Land Law and Practice in Tanzania. The esteemed author documents Tanzanian land law along its line of historical development (pre- and post-independence) whereby the thorny issues about rights and duties of the landed, landless and the intermediaries are elucidated. This volume is not limited to events in Tanzania, but includes jurisprudence of land law of other countries in order to tap some interpretative devices of our own by way of analogies. Various case types- reported and unreported, local and foreign- provide a tangible content to what would otherwise be pure theory. He also makes references to local newspapers as a way of tapping the public responses about land-related matters. His survey of such cases in and outside Tanzania led automatically to judgments touching on womens right to matrimonial property and inheritance; individual and collective rights to land; and the right to land of the indigenous peoples. It is the authors view that land law has remained poorly documented in Tanzania. There is plenty of literature about Land Law, yet these sources are not easily available or even accessible to every interested person. Equally, some of the available literature is so old that it may not always depict land law and/or practice as we tend to understand it today. This volume is a comprehensive text on land law in which all the necessary land law principles are highlighted with great precision. Advocate Rwegasira does this with a human rights approach, believing that it is through this approach that a persons right to land, whether individual or collective can best be explained, especially in this era when conflict over land is unabatedly becoming central in family, communal and societal relations. The language of human rights is for all of us to speak. It follows, therefore, that practitioners both of the bar and the bench will also find it useful for quick reference, much as will do policy makers, law reformers and the general public in and outside Tanzania.