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Author : Ben Lobulu
Publisher :
ISBN 13 :
Total Pages : 36 pages
Book Rating : 4.F/5 ( download)
Download or read book Litigating Land Rights in Tanzania written by Ben Lobulu and published by . This book was released on 2002 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Burhani Kishenyi
Publisher : GRIN Verlag
ISBN 13 : 3668447012
Total Pages : 71 pages
Book Rating : 4.6/5 (684 download)
Download or read book Resolving land disputes through alternative dispute resolution (ADR). An overview of Tanzania's legal framework written by Burhani Kishenyi and published by GRIN Verlag. This book was released on 2017-05-15 with total page 71 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2017 in the subject Law - Comparative Legal Systems, Comparative Law, , course: Master of Laws in Mediation and Arbitration, language: English, abstract: 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.
Author : Abdon Rwegasira
Publisher : African Books Collective
ISBN 13 : 9987081525
Total Pages : 442 pages
Book Rating : 4.9/5 (87 download)
Download or read book Land as a Human Right written by Abdon Rwegasira and published by African Books Collective. This book was released on 2012 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the importance of judicial independence.
Author : G. M. Fimbo
Publisher :
ISBN 13 : 9789966031297
Total Pages : 621 pages
Book Rating : 4.0/5 (312 download)
Download or read book The Land Law of Tanzania written by G. M. Fimbo and published by . This book was released on 2013 with total page 621 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : G. M. Fimbo
Publisher :
ISBN 13 :
Total Pages : 164 pages
Book Rating : 4.:/5 (4 download)
Download or read book Essays in Land Law, Tanzania written by G. M. Fimbo and published by . This book was released on 1992 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Leonard Magawa
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Unlocking the Dilemmas written by Leonard Magawa and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this article, a brief overview of how women's land rights are protected in Tanzania is provided. The overview of the legal framework presented in this article focuses on four main areas of law: property law, inheritance law, matrimonial law, and human rights law. The rationale for presenting these areas of law is to underscore the context under which women's land rights are protected in Tanzania. On one side, the existing literature promotes the establishment of legal regime that protects women's land rights. The assumption of this position is that once there are laws for the protection of women's land rights, women will be able to enjoy and realise their land rights. On the other side of the equation is that there is a general trend of condemning some of African traditions and culture which are responsible for thwarting women's land rights in Africa and Tanzania in particular. Some African traditions and culture are deeply rooted in African societies. As such, African traditionalists continue to adhere to African tradition and culture. The requirement to comply with both statutory rules and African traditions and culture creates situations of dilemmas. Despite having a legal framework which protects women's land rights in Tanzania, the existence of dilemmas within the legal system itself and in the African traditions pose challenges which affect negatively women's land rights in Tanzania. The existence of dilemmas makes the enjoyment and realisation of women's land rights in Tanzania to be difficult and challenging. Despite the legal reform in Tanzania, which took place in 1990s and early 2000s, women in Tanzania are still struggling to enjoy and realise their land rights. Thus, the purpose of this article is to identify the specific dilemmas, which undermine the protection of women's land rights in Tanzania. Furthermore, this article examines Tanzania laws which are designed to protect women's land rights. We argue that the existence of dilemmas in law, African traditions, and customs affect negatively the enjoyment and realisation of women's land rights in Tanzania. We conclude that the existence of a legal framework for the protection of women's land rights is not an end in itself; rather efforts should be made to eradicate or reduce the dilemmas, which compromise the enjoyment and realisation of women's land rights in Tanzania.
Author : Helen Dancer
Publisher :
ISBN 13 : 9781847011244
Total Pages : 0 pages
Book Rating : 4.0/5 (112 download)
Download or read book Women, Land and Justice in Tanzania written by Helen Dancer and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Recent decades have seen a wave of land law reforms across Africa, in the context of a 'land rush' and land grabbing. But how has this been enacted on the ground and, in particular, how have women experienced this? This book seeks to re-orientate current debates on women's land rights towards a focus on the law in action. Centring on cases involving women litigants, the book considers the extent to which women are realising their interests in land through land courts and follows the progression of women's claims to land - from their social origins through processes of dispute resolution to judgment"--Unedited summary from book cover.
Author : Zebron Steven Gondwe
Publisher :
ISBN 13 :
Total Pages : 152 pages
Book Rating : 4.F/5 ( download)
Download or read book Manual for Transfers of Rights of Occupancy written by Zebron Steven Gondwe and published by . This book was released on 2001 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Tanzania, transfers of rights of occupancy frequently encounter procedural problems, and as regards land transfers, existing legal structures are inadequate. Case law in this area remains insufficiently documented, is contradictory, and there is a dearth of adequate information to guide practitioners through existing precedents. By way of response to these limiations, this manual addresses aspects of procedures involved in land transfer. It sets out the governing laws and summarises principles governing the acquistion and transfer of rights of occupancy, and regulating land ownership in Tanzania. It covers acquisition of public land by individuals and institutions, and the rights and duties of parties between date of contract and date of completion; and the author makes reference to the new 1999 Village Land and Land Acts. He provides a checklist of the steps constituting a transfer, and in a series of annexes presents in detail the relevant statutory provisions, specimen forms, scales of duties and fees payable. Issa Shivji, renowned academic, Professor of Law, and Advocate to the High Court in Tanzania & Zanzibar, provides a forward to the manual.
Author : Magnus Killander
Publisher : PULP
ISBN 13 : 0986985724
Total Pages : 261 pages
Book Rating : 4.9/5 (869 download)
Download or read book International Law and Domestic Human Rights Litigation in Africa written by Magnus Killander and published by PULP. This book was released on 2010 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: "African civil law countries are traditionally described as monist and common law countries as dualist. This book illustrates that the monism-dualism dichotomy is too simplistic, in particular in the field of human rights. Academics and practitioners from across the continent illustrate how domestic courts in Africa have engaged with international human rights law to interpret or fill gaps in national bills of rights. The authors also consider the challenges encountered in increasing the use of international human rights law by African domestic courts."--Back cover.
Author : Albert Mkama Jimwaga
Publisher :
ISBN 13 :
Total Pages : 82 pages
Book Rating : 4.3/5 (91 download)
Download or read book Pastoral Land Tenure, Adjudication and Land-use Planning in Northern Tanzania written by Albert Mkama Jimwaga and published by . This book was released on 2002 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Fiona Batt
Publisher : Routledge
ISBN 13 : 1000427471
Total Pages : 187 pages
Book Rating : 4.0/5 (4 download)
Download or read book Ancient Indigenous Human Remains and the Law written by Fiona Batt and published by Routledge. This book was released on 2021-08-25 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous peoples are increasingly making requests for the return of their ancestors’ human remains and ancient indigenous deoxyribonucleic acid. However, some museums and scientists have refused to repatriate indigenous human remains or have initiated protracted delays. There are successful examples of the return of ancient indigenous human remains however the focus of this book is an examination of the "hard" cases. The continued retention perpetuates cultural harm and is a continuing violation of the rights of indigenous peoples. Therefore this book develops a litigation Toolkit which can be used in such disputes and includes legal and quasi legal instruments from the following frameworks, cultural property, cultural heritage, cultural rights, collective heritage, intellectual property, Traditional Knowledge and human rights. The book draws on a process of recharacterisation. Recharacterisation is to be understood to mean the allocation of an indigenous peoples understanding and character of ancient indigenous human remains and ancient indigenous DNA, in order to counter the property narrative articulated by museums and scientists in disputes.
Author : Ambreena Manji
Publisher : Boydell & Brewer
ISBN 13 : 1847012558
Total Pages : 225 pages
Book Rating : 4.8/5 (47 download)
Download or read book The Struggle for Land and Justice in Kenya written by Ambreena Manji and published by Boydell & Brewer. This book was released on 2020 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Finalist for the African Studies Association's 2021 Best Book Prize. Explores the limits of law in changing unequal land relations in Kenya.
Author : Rudolph William James
Publisher : Nairobi : East African Literature Bureau
ISBN 13 :
Total Pages : 716 pages
Book Rating : 4.3/5 ( download)
Download or read book Customary Land Law of Tanzania : a Source Book written by Rudolph William James and published by Nairobi : East African Literature Bureau. This book was released on 1973 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : D. Chipeta
Publisher : African Books Collective
ISBN 13 : 9987081061
Total Pages : 282 pages
Book Rating : 4.9/5 (87 download)
Download or read book Administrative Law in Tanzania. A Digest of Cases written by D. Chipeta and published by African Books Collective. This book was released on 2009-10-15 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Administrative law may best be defined by describing what it encompasses: it is that branch of law which deals with the individual versus governmental or administrative power. It covers court restraint of actions or inactions of public institutions, administrative processes of central and local government, parliamentary and subordinate legislat on and the means and procedures by which the rights of individuals are protected against abuse of power by public or local authorities, public corporations, tribunals and other bodies which discharge functions of public nature entrusted to them by law for the benefit of the citizen. It is hoped that this book will act as a wake-up call to all those who have been entrusted with the duty of making decisions affecting the rights of citizens to update themselves so as to discharge their duties correctly and in spirit of good governance. Administrative Law in Tanzania: A Digest of Cases covers high profile and landmark cases in topical areas of constitutional and administrative law from colonial days to present time, names, procedures in applying for prerogative remedies, constitutional principles and human rights, separation of powers between the Executive, the Legislature and the Judicature, natural justice and the rule of law, statutory ouster of jurisdiction of courts, and the right to legal representation.
Author : Helen Duffy
Publisher : Bloomsbury Publishing
ISBN 13 : 1509921990
Total Pages : 328 pages
Book Rating : 4.5/5 (99 download)
Download or read book Strategic Human Rights Litigation written by Helen Duffy and published by Bloomsbury Publishing. This book was released on 2018-09-06 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Strategic human rights litigation (SHRL) is a growing area of international practice yet one that remains relatively under-explored. Around the globe, advocates increasingly resort to national, regional and international courts and bodies 'strategically' to protect and advance human rights. This book provides a framework for understanding SHRL and its contribution to various forms of personal, legal, social, political and cultural change, as well as the many tensions and challenges it gives rise to. It suggests a reframing of how we view the impact of SHRL in its multiple dimensions, both positive and negative. Five detailed case studies, drawn predominantly from the author's own experience, explore litigation in a broad range of contexts (genocide in Guatemala; slavery in Niger; forced disappearance in Argentina; torture and detention in the 'war on terror'; and Palestinian land rights) to reveal the complexity of the role of SHRL in the real world. Ultimately, this book considers how impact analysis might influence the development of more effective litigation strategies in the future.
Author : Helen Dancer
Publisher : Boydell & Brewer Ltd
ISBN 13 : 1847011136
Total Pages : 218 pages
Book Rating : 4.8/5 (47 download)
Download or read book Women, Land and Justice in Tanzania written by Helen Dancer and published by Boydell & Brewer Ltd. This book was released on 2015 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Recent decades have seen a wave of land law reforms across Africa, in the context of a 'land rush' and land grabbing. But how has this been enacted on the ground and, in particular, how have women experienced this? This book seeks to re-orientate current debates on women's land rights towards a focus on the law in action. Centring on cases involving women litigants, the book considers the extent to which women are realising their interests in land through land courts and follows the progression of women's claims to land - from their social origins through processes of dispute resolution to judgment"--Unedited summary from book cover.
Author : Tanzania. Tume Ya Rais ya Uchunguzi katika Masuala ya Ardhi
Publisher : Nordic Africa Institute
ISBN 13 : 9789171063526
Total Pages : 382 pages
Book Rating : 4.0/5 (635 download)
Download or read book Report of the Presidential Commission of Inquiry Into Land Matters: Land policy and land tenure structure written by Tanzania. Tume Ya Rais ya Uchunguzi katika Masuala ya Ardhi and published by Nordic Africa Institute. This book was released on 1994 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt:
