Upon reform of land laws in 1999 following the National Land Policy of 1995 the new system for adjudication on land disputes aimed at adopting a procedure which is not tied to legal technicalities and that which is not strictly bound by rules of practice or procedure but which aims at delivering substantial justice. That’s why land laws embody some forms of ADR.
The main purpose of this study was therefore to examine the effectiveness of ADR legal framework in Tanzania and how useful it is in resolving land disputes. ADR processes currently in use in Tanzania are critically examined and their shortcomings reviewed. The legal framework for ADR and the role they play in providing the supporting structure for land dispute resolution are evaluated. Future prospects for ADR are indicated and recommendations for successful implementation of ADR in resolving land disputes are given.
The study has revealed that despite the specialized court system for land disputes settlement there is no distinct legal regime for use of ADR at all levels of land dispute settlement machinery. The only method of ADR in use at the High Court level is mediation through court annexed mediation like in any other civil cases though there are no procedural Rules guiding the same. Negotiation is rarely used where parties to the dispute opt to resolve the matter out of court and then file a deed of settlement in court.
Inhaltsverzeichnis (Table of Contents)
- Chapter One: General Introduction
- Background of the Study
- Statement of the Problem
- Objectives of the Study
- General objective of the study
- Specific objectives
- Significance of the Study
- Literature Review
- Research Hypothesis
- Research Methodology
- Organization of the Study
- Chapter Two: Legal Framework and Model of Alternative Disputes Resolution in Tanzania
- Legal Framework
- The Constitution of the United Republic of Tanzania
- The Civil Procedure Code
- Alternative Dispute Resolution currently in use in Tanzania
- Negotiation
- Mediation
- Arbitration
- Conciliation
- Chapter Three: Legal and Institutional Framework for Land Disputes Resolution
- Legal Framework
- The Land Act
- The Village Land Act
- The Land Disputes Courts Act
- The Ward Tribunals Act
- Institutional Framework
- The Village Land Council
- The Ward Tribunal
- The District Land and Housing Tribunal
- The High Court (Land Division)
- The Court of Appeal
- Chapter Four: Challenges Facing ADR in Tanzania and its Future Prospects
- Challenges facing ADR in Tanzania
- The Future of ADR in Tanzania
- Ratification of Conventions
- Growing number of statues which contains clauses for recourse to ADR
- Chapter Five: Findings, Conclusion and Recommendations
- Findings and Conclusion
- Recommendations
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
The objective of this research paper is to provide an overview of Tanzania's legal framework for resolving land disputes through Alternative Dispute Resolution (ADR). The study examines the existing legal and institutional frameworks, analyzes the challenges facing ADR in Tanzania, and explores its future prospects.
- Legal Framework of ADR in Tanzania
- Alternative Dispute Resolution Mechanisms in Land Dispute Resolution
- Institutional Framework for Land Dispute Resolution
- Challenges Facing ADR in Tanzania
- Future Prospects of ADR in Tanzania
Zusammenfassung der Kapitel (Chapter Summaries)
Chapter One: General Introduction: This chapter sets the stage for the research paper by introducing the background of the study, highlighting the problem of land disputes in Tanzania and the need for effective ADR mechanisms. It clearly states the objectives – both general and specific – of the research, emphasizing the significance of the study in contributing to a better understanding and improvement of land dispute resolution in the country. The chapter also outlines the research methodology and the organization of the entire paper, providing a roadmap for the reader.
Chapter Two: Legal Framework and Model of Alternative Disputes Resolution in Tanzania: This chapter delves into the legal foundation of ADR in Tanzania. It examines the relevant provisions of the Constitution and the Civil Procedure Code, providing a comprehensive analysis of the legal basis for negotiation, mediation, arbitration, and conciliation. The chapter systematically explains how these mechanisms are currently employed within the Tanzanian legal system, clarifying their roles and applications in practical dispute resolution.
Chapter Three: Legal and Institutional Framework for Land Disputes Resolution: This chapter focuses specifically on the legal and institutional frameworks designed for resolving land disputes in Tanzania. It examines legislation such as the Land Act, the Village Land Act, the Land Disputes Courts Act, and the Ward Tribunals Act, analyzing their contribution to land dispute resolution. Furthermore, it explores the roles of key institutions involved in the process, including Village Land Councils, Ward Tribunals, the District Land and Housing Tribunal, the High Court (Land Division), and the Court of Appeal, illustrating how these bodies interact and contribute to the overall framework.
Chapter Four: Challenges Facing ADR in Tanzania and its Future Prospects: This chapter critically examines the challenges faced by ADR in Tanzania. This includes potential obstacles hindering its effectiveness and widespread adoption. It then shifts to discuss potential solutions and future prospects, exploring avenues for improving the implementation and efficacy of ADR mechanisms. The discussion likely includes suggestions for policy changes, institutional reforms, and enhanced training programs, ultimately aiming to enhance the role of ADR in resolving land disputes.
Schlüsselwörter (Keywords)
Alternative Dispute Resolution (ADR), Land Disputes, Tanzania, Legal Framework, Institutional Framework, Mediation, Arbitration, Negotiation, Conciliation, Land Act, Village Land Act, Challenges, Future Prospects, Legal Reform.
Frequently Asked Questions: A Comprehensive Language Preview of Tanzania's Legal Framework for Resolving Land Disputes Through Alternative Dispute Resolution (ADR)
What is the main topic of this research paper?
This research paper provides a comprehensive overview of Tanzania's legal framework for resolving land disputes using Alternative Dispute Resolution (ADR). It examines the existing legal and institutional frameworks, analyzes challenges facing ADR in Tanzania, and explores its future prospects.
What are the key objectives of this study?
The primary objective is to analyze Tanzania's legal framework for ADR in land dispute resolution. Specific objectives include examining the legal and institutional frameworks, identifying challenges hindering ADR's effectiveness, and exploring potential avenues for improvement and future development.
What chapters are included in this research paper, and what do they cover?
The paper includes five chapters: Chapter One (General Introduction) sets the context and outlines the research methodology. Chapter Two explores the overall legal framework and ADR models in Tanzania. Chapter Three focuses on the legal and institutional frameworks specifically for land dispute resolution. Chapter Four analyzes the challenges facing ADR and its future prospects. Chapter Five presents findings, conclusions, and recommendations.
What specific legal frameworks are examined in the study?
The study examines the Constitution of the United Republic of Tanzania, the Civil Procedure Code, the Land Act, the Village Land Act, the Land Disputes Courts Act, and the Ward Tribunals Act. It also analyzes the application of ADR mechanisms such as negotiation, mediation, arbitration, and conciliation within these frameworks.
Which institutions involved in land dispute resolution are discussed?
The research discusses the roles of various institutions, including Village Land Councils, Ward Tribunals, the District Land and Housing Tribunal, the High Court (Land Division), and the Court of Appeal.
What are some of the challenges facing ADR in Tanzania that are addressed in the paper?
The paper identifies and analyzes various challenges hindering the effectiveness of ADR in Tanzania, though the specific challenges aren't detailed in the preview.
What are the future prospects for ADR in Tanzania according to this research?
The study explores potential solutions and future prospects for ADR in Tanzania, including suggestions for policy changes, institutional reforms, and enhanced training programs to improve the implementation and effectiveness of ADR mechanisms. Specific proposals are not detailed in this preview.
What are the key words associated with this research?
Key words include Alternative Dispute Resolution (ADR), Land Disputes, Tanzania, Legal Framework, Institutional Framework, Mediation, Arbitration, Negotiation, Conciliation, Land Act, Village Land Act, Challenges, Future Prospects, and Legal Reform.
- Quote paper
- Burhani Kishenyi (Author), 2017, Resolving land disputes through alternative dispute resolution (ADR). An overview of Tanzania's legal framework, Munich, GRIN Verlag, https://www.grin.com/document/358802
