Tanzania
Land Disputes Courts Act
Chapter 216
- Commenced on 1 October 2003
- [This is the version of this document at 30 November 2019.]
- [Note: This legislation has been thoroughly revised and consolidated under the supervision of the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. This version is up-to-date as at 31st July 2002.]
Part I – Preliminary provisions
1. Short title
This Act may be cited as the Land Disputes Courts Act.2. Interpretation
In this Act unless the context otherwise requires—"assessor" means a person appointed to serve as an assessor under section 26(2);"Chairman" means the chairman of a Village Land Council, a Ward Tribunal, District Land and Housing Tribunal or person who presides at proceedings of the Village Land Council, the Ward Tribunal or District Land and Housing Tribunal;"Council" has the meaning ascribed to it under the Local Government (District Authorities) Act and the Local Government (Urban Authorities) Act;[Cap. 287; Cap. 288]"Court" has the meaning ascribed to it by the Land Act;[Cap. 113]"Court of Resident Magistrate" has the meaning ascribed to it by the Magistrates’ Courts Act;[Cap. 11]"Customary Law" has the meaning ascribed to it by the Interpretation of Laws Act;[Cap. 1]"decision" includes a judgment, finding or ruling;"dispute" includes any case where a person complains of and is aggrieved by the actions of another person, or any case in which a complaint is made in an official capacity or is a complaint against an official act;"District Court" has the meaning ascribed to it by the Magistrates' Courts Act;[Cap. 11]"District Land and Housing Tribunal" has the meaning ascribed to it by the Land Act;[Cap. 113]"High Court" means the High Court of Tanzania established by Article 108 of the Constitution of the United Republic;[Cap. 2]"land" includes the surface of the earth and the earth below the surface and all substances other than minerals and petroleum forming part of or below the surface, things naturally growing on the land, buildings and other structures permanently affixed to land;"magistrates' court" has the meaning ascribed to it by the Magistrates’ Courts Act;[Cap. 11]"member" means a member of a Village Land Council or Ward Tribunal;"Minister" means the Minister responsible for land;"Order" includes warrant, summons or other process, and a decree, revisional or confirmatory order and any other formal expression of the division of a Court or tribunal;"Primary Court" and "Primary Court Magistrate" have the meaning ascribed to them by the Magistrates' Courts Act;[Cap. 11]"Principal Judge" has the meaning ascribed to it by the Constitution of the United Republic of Tanzania;[Cap. 2]"proceedings" includes any application, reference, cause, matter, suit, trial, appeal or revision, whether final or interlocutory, and whether or not between parties;"registrar" means the Registrar or Deputy Registrar of the High Court and includes the Registrar or Assistant Registrar appointed under section 28 and the Registrar of Villages appointed under the Local Government (District Authorities) Act;[Cap. 287]"Ward Committee" means a ward committee established under the Local Government (Urban Authorities) Act;[Cap. 288]"village", "Village Council", "Village Land Council", "villager" have the meaning ascribed to them by the Village Land Act.[Cap. 114][Acts Nos. 2 of 2010 s. 19; 13 of 2017 s. 4]Part II – Establishment and jurisdiction of land courts
3. Institution of land disputes
4. Jurisdiction of Magistrates’ Courts
Part III – The Village Land Council
Functions and powers of the Village Land Council
5. Composition of Village Land Council
6. Registrar
The Registrar of village appointed under section 23 of the Local Government (District Authorities) Act shall be responsible for the total administrative functions of all Village Land Councils and Ward Tribunals and shall:7. Functions of Village Land Council
Subject to section 61 of the Village Land Act, the functions of the Village Land Council shall include—8. Procedure for mediation
Procedures for mediation by the Village Land Council shall be as stipulated under section 61 of the Village Land Act.[Cap. 114]9. Reference of dispute to Ward Tribunal
Where the parties to the dispute before the Village Land Council are not satisfied with the decision of the Council, the dispute in question shall be referred to the Ward Tribunal in accordance with section 62 of the Village Land Act.[Cap. 114]Part IV – The Ward Tribunals
10. Ward Tribunal
11. Composition of Ward Tribunal
Each Tribunal shall consist of not less than four nor more than eight members of whom three shall be women who shall be elected by a Ward Committee as provided for under section 4 of the Ward Tribunals Act.[Cap. 206]12. Qualification of members
Qualification of members to the Tribunal, tenure of membership, and appointment of secretary shall be as provided for under the provisions of sections 5 and 6 of the Ward Tribunals Act.[Cap. 206]13. General jurisdiction
14. Procedure for mediation
15. Pecuniary jurisdiction
Notwithstanding the provisions of section 10 of the Ward Tribunals Act, the jurisdiction of the Tribunal shall in all proceedings of a civil nature relating to land be limited to the disputed land or property valued at three million shillings.[Cap. 206]16. Powers of the Tribunal
17. Reference of disputes to Tribunal
18. Appearance by advocate prohibited
19. Appeals from Ward Tribunal
A person aggrieved by an order or decision of the Ward Tribunal may appeal to the District Land and Housing Tribunal.20. Time for appeal
21. Appeal rules
The Minister may make rules prescribing procedure for appeals from Ward Tribunals to the District Land and Housing Tribunal.Part V – The District Land and Housing Tribunal
A – Establishment of the District Land and Housing Tribunal
22. Establishment of District Land Housing Tribunal
23. Composition
24. Opinion of assessors
In reaching decisions, the Chairman shall take into account the opinion of the assessors but shall not be bound by it, except that the Chairman shall in the judgment give reasons for differing with such opinion.25. Appointment of Chairman
26. Appointment of assessors
27. Qualification of assessors
No person shall be eligible to be nominated as an assessor or continue as an assessor if he is—28. Appointment of Registrar
29. Places and times of meetings
A District Land and Housing Tribunal—30. Proceedings and representation of parties
Proceeding of the District Land and Housing Tribunal shall be held in public and a party to the proceedings may appear in person or by an advocate or any relative or any member of the household or authorized officer of a body corporate.31. Registers and returns
Every District Land and Housing Tribunal shall—32. Language of Tribunal
The language of the District Land and Housing Tribunal shall be either English or Kiswahili as the Chairman holding such tribunal may direct except that the record and judgment of the Tribunal shall be in English.B – Jurisdiction and powers of the Tribunal
33. General Jurisdiction
34. Hearing of appeals
35. Powers of District Land and Housing Tribunal
36. Revision
Part VI – The High Court
37. Original jurisdiction of High Court
38. Appeals of matters originating from Ward Tribunal
39. Procedure for appeal
40. Powers of Registrar on appeal
Where an appeal is received in the High Court, a Registrar of the Court may exercise the powers as conferred upon him under the Civil Procedure Code.[Cap. 33; Act No. 2 of 2010 s. 21]41. Appeals and revision
41A. Extended jurisdiction
42. Powers of High Court on appeals
The High Court shall in the exercise of its appellate jurisdiction have power to take or to order the District Land and Housing Tribunal to take and certify additional evidence and whether additional evidence is taken or not, to confirm, reverse, amend or vary any manner the decision or order appealed against.[Act No. 2 of 2010 s. 21]43. Supervisory and revisional powers
44. Powers of the Registrar on revision
45. Substantial justice
No decision or order of a Ward Tribunal or District Land and Housing Tribunal shall be reversed or altered on appeal or revision on account of any error, omission or irregularity in the proceedings before or during the hearing or in such decision or order or on account of the improper admission or rejection of any evidence unless such error, omission or irregularity or improper admission or rejection of evidence has in fact occasioned a failure of justice.46. Representation of parties
In any proceeding in the High Court, parties may appear in person or by an advocate or other representatives in accordance with the Civil Procedure Code.[Cap. 33; Act No. 2 of 2010 s. 21]47. Appeal from High Court
Part VII – Appeals to the Court of Appeal of Tanzania
48. Appeals
Part VIII – Miscellaneous provisions
49. Laws to be applied
In the exercise of their respective jurisdictions, the Village Land Council, Ward Tribunal, District Land and Housing Tribunal, High Court and the Court of Appeal shall apply the laws set out in section 180 of the Land Act.[Cap. 113; Act No. 2 of 2010 s. 21]50. Application of Customary Law
51. Admissibility of evidence
52. Limitation
53. Disestablishment of Tribunals
The following Tribunals are hereby disestablished—54. Savings
55. Protection of members and others
No matter or thing done by a Chairman, member, officer, servant or agent of a Village Land Council or Ward Tribunal and District Land and Housing Tribunal shall if done in good faith in the execution or purported execution of the provisions of this Act or of regulations made thereunder, subject any such person to any action, liability or demand whatsoever.[Act No. 13 of 2017 s. 11]56. Power to make regulations
57. Omitted
Amendment of other written laws.History of this document
30 November 2019 this version
Consolidation
01 October 2003
Commenced
Subsidiary legislation
Title | Numbered title |
---|---|
Land Dispute Courts (Extension of Appellate and Revisional Jurisdiction) Order, 2018 | Government Notice 802 of 2018 |
Cited documents 0
Documents citing this one 186
JOT Documents and Guidelines 1
1. | Guidelines for Court Brokers and Court Process Servers |
Judgment 184
Legislation 1
1. | Tanzania Revenue Authority Act | 10 citations |