CHAPTER 216
LAND DISPUTES COURTS ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title and commencement.

   2.   Interpretation.

PART II
ESTABLISHMENT AND JURISDICTION OF LAND COURTS

   3.   Institution of land disputes.

   4.   Jurisdiction of the Magistrates' Courts.

PART III
THE VILLAGE LAND COUNCIL

Functions and Powers of the Village Land Council

   5.   Composition of Village Land Council.

   6.   The Registrar.

   7.   Functions of the Village Land Council.

   8.   Procedure for mediation.

   9.   Reference of dispute to the Ward Tribunal.

PART IV
THE WARD TRIBUNALS

Jurisdiction, Powers and Procedure of the Ward Tribunal

   10.   The Ward Tribunal.

   11.   Composition of the Ward Tribunal.

   12.   Qualification of members.

   13.   General jurisdiction.

   14.   Procedure for mediation.

   15.   Pecuniary jurisdiction.

   16.   Powers of the Tribunal.

   17.   Reference of disputes to the Tribunal.

   18.   Appearance by advocate prohibited.

   19.   Appeals from Ward Tribunal.

   20.   Time for appeal.

   21.   Appeal rules.

PART V
THE DISTRICT LAND AND HOUSING TRIBUNAL

A. Establishment of the District Land and Housing Tribunal

   22.   Establishment of the District Land and Housing Tribunal.

   23.   Composition.

   24.   Opinion of assessors.

   25.   Appointment of Chairman.

   26.   Appointment of assessors.

   27.   Qualification of assessors.

   28.   Appointment of Registrar.

   29.   Places and times of meetings.

   30.   Proceedings and representation of parties.

   31.   Registers and returns.

   32.   Language of the Tribunal.

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
HIGH COURT (LAND DIVISION)

   37.   Original jurisdiction of the High Court (Land Division).

   38.   Appeals of matters originating from the Ward Tribunal.

   39.   Procedure for appeal.

   40.   Powers of the Registrar on appeal.

   41.   Appeals and revision.

   42.   Powers of the High Court (Land Division) on appeals.

   43.   Supervisory and revisional powers.

   44.   Powers of the Registrar on revision.

   45.   Substantial justice.

   46.   Representation of parties.

   47.   Appeal from the High Court (Land Division).

PART VII
APPEALS TO THE COURT OF APPEAL OF TANZANIA

   48.   Appeals.

PART VIII
MISCELLANEOUS PROVISIONS

   49.   Laws to be applied.

   50.   Application of Customary Law.

   51.   Practice and procedure.

   52.   Limitation.

   53.   Disestablishment of Tribunals

   54.   Savings.

   55.   Protection of members.

   56.   Power to make Regulations.

   57.   [Amendment of other related written laws.]

SCHEDULE

[Omitted.]

CHAPTER 216
THE LAND DISPUTES COURTS ACT

An Act to provide for the establishment of land dispute settlement machinery and for matters incidental thereto.

[.......................................]

Act No. 2 of 2002

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title and commencement

   This Act may be cited as the Land Disputes Courts Act, and shall come into operation on such date as the Minister may by Notice published in the Gazette appoint.

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;

   "Court" has the meaning ascribed to it by the Land Act *;

   "Court of Resident Magistrate" has the meaning ascribed to it by the Magistrates' Courts Act *;

   "Customary Law" has the meaning ascribed to it by the Interpretation of Laws and General Clauses Act *;

   "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 council" means a district council established under the Local Government (District Authorities) Act *;

   "District Court" has the meaning ascribed to it by the Magistrates' Courts Act *;

   "District Land and Housing Tribunal" has the meaning ascribed to it by the Land Act *;

   "High Court (Land Division)" means the Land Division of the High Court established in accordance with law for the time being in force for establishing courts divisions;

   "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 *;

   "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 *;

   "Principal Judge" has the meaning ascribed to it by the Constitution of the United Republic of Tanzania;

   "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 (Land Division) and includes the Registrar or Assistant Registrar appointed under section 28 and the Registrar of Villages appointed under the Local Government (District Authorities) Act *;

   "Ward Committee" means a ward committee established under the Local (Urban Authorities) Act *;

   "Village", "village council", "village land council", "villager" have the meaning ascribed to them by the Village Land Act *.

PART II
ESTABLISHMENT AND JURISDICTION OF LAND COURTS (ss 3-4)

3.   Institution of land disputes

   (1) Subject to section 167 of the Land Act *, and section 62 of the Village Land Act *, every dispute or complaint concerning land shall be instituted in the Court having jurisdiction to determine land disputes in a given area.

   (2) The Courts of jurisdiction under subsection (1) include:

   (a)   the Village Land Council;

   (b)   the Ward Tribunal;

   (c)   the District Land and Housing Tribunal;

   (d)   the High Court (Land Division);

   (e)   the Court of Appeal of Tanzania.

4.   Jurisdiction of the Magistrates' Courts

   (1) Unless otherwise provided by the Land Act, no Magistrate's Court established by the Magistrates' Courts Act * shall have civil jurisdiction in any matter under the Land Act * and the Village Land Act *.

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