Land Disputes Settlement Through Alternative Dispute Resolutions in Tanzania: A Case Study of Bagamoyo District

Alfred, Alkard Machumu (2019) Land Disputes Settlement Through Alternative Dispute Resolutions in Tanzania: A Case Study of Bagamoyo District. Masters thesis, The Open University of Tanzania.

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Abstract

This study was conducted with the main aim of examining the effectiveness of the Alternative Dispute Resolution (ADR) legal framework in Tanzania and how useful it is in resolving land disputes, taking the Bagamoyo District as a Case Study. Data and other relevant information were collected using interviews with key informants and review of relevant official documents. A thematic analysis of the data was executed by adopting a qualitative content analysis technique. The findings indicate t that despite the specialized court system for land disputes settlement, there has so far been not a distinct legal regime for use of ADR at all levels of the land dispute settlement machinery. The only method of ADR in use at the High Court level is mediation through court annexures as practiced in any other civil cases even though there are no procedural rules guiding the same. Most of the ADR cases are not used at the district level. In other words, Court annexed mediation is not applicable at the District Land and Housing Tribunal, save for some few cases in which parties resolve the matter out of court and file a deed of settlement. The legal framework provides for the use of mediation at the level of Village Land Council and Ward Tribunal. However, there is lack of skills and competency to facilitate mediation process for land disputes resolution at those levels. In light of these findings, the study prompts the present author to recommend for a review of the legal framework for Land Disputes Settlement in Tanzania with a view to making ADR become more realistic and effective in resolving the existing and emerging land disputes. This can be achieved by ensuring that appropriate changes in ADR Legal Framework are made without wasting more time

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