Examination of the effectiveness of ward tribunals in mediating land disputes in Tanzania: A case study of Kibaha District Council

Ruti Johnson Mwamfupe *, Cornel K inanila Mtaki and Benedict Thomas Mapunda

Department of Municipal Law, Faculty of  School of Law and Justice, Dar es salaam Tumaini University, Tanzania.
 
Research Article
International Journal of Science and Research Archive, 2024, 13(01), 127–140.
Article DOI: 10.30574/ijsra.2024.13.1.1531
Publication history: 
Received on 13 July 2024; revised on 26 August 2024; accepted on 29 August 2024
 
Abstract: 
Tanzania has established a separate system for dealing with land disputes, which is less formal than ordinary civil courts and more accessible to citizens with less formal education. The Village Land Act and the Land Dispute Courts Act provide the institutional framework for land dispute settlement, including the Ward Tribunal, District Land and Housing Tribunal, High Court, and Court of Appeal of Tanzania. Ward Tribunals are established by the Ward Tribunal Act in 1985 to secure peace and harmony in their areas by obtaining justice and amicable settlement of land disputes. However, some cases have been decided without considering customary principles of mediation, as seen in Cosmas Matimila v John Cosmas Matimilia and Fredrick Leonald v Ezekiel Maganga. This study aims to examine the effectiveness of Ward Tribunals in dealing with land disputes in Tanzania through the application of customary principles of mediation using Kibaha District as a case study. The research methodology was a qualitative approach, employing documentary and field research methodologies, primary and secondary sources of data, and non-probability sampling. A sample size of fifteen respondents was selected, including seven respondents from Kibaha District Ward Tribunals, five respondents from mediation practitioners and experts, and five respondents who was beneficiaries of mediation through customary principle from Kibaha District. The data analysis was content analysis, interpreting canons of statutory interpretation, including inductive reasoning and deductive reasoning. The Findings of this study shows that; l that although Ward tribunals are very important in disputes mediations through customarily principles face ineffective application in land disputes mediations in Tanzanian context. The study recommends deliberate intervention by the judiciary system to ensure enforceability of customarily principles in land disputes mediations.
 
Keywords: 
Ward Tribunals; Mediating; Land Disputes; Mediating; Kibaha District Council
 
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