i

MZUMBE UNIVERSITY

FACULTY OF LAW

RESEARCH PAPER

SUBJECT: LAND LAW

TOPIC: THE DISTRICT LAND AND HOUSING TRIBUNALS

IN TANZANIA MAINLAND: AN EXAMINATION OF THE

EXECUTION STAGE OF JUDICIAL PROCESS.

CANDIDATE: DEO VICTOR

REG. NO. 5977/T.06

SUPERVISOR: BINAMUNGU, C.S

A RESEARCH PAPER SUBMITTED TO THE FACULTY OF

LAW IN PARTIAL FULFILLMENT OF THE REQUREMENTS

FOR THE BACHELOR DEGREE (LL.B) OF MZUMBE

UNIVERSITY

2009

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COPYRIGHT No part of this work may be reproduced or transmitted in any form or mechanism

including photocopying, recording or by any information storage, retrieval system

without prior permission in writing from the author or Faculty of Law, Mzumbe

University in that behalf.

© DEO VICTOR, 2009 MZUMBE UNIVERSITY

iii

CERTIFICATION

I…………………………………………………………. hereby, certify that I have

read this Research Report titled The District Land and Housing Tribunal in

Tanzania Mainland: An execution stage of judicial process in partial fulfilment of

the requirements for the Bachelor of Laws (LL.B) Degree of Mzumbe University; and

hereby recommend for acceptance by Mzumbe University standards.

………………………………………………………………. HON. C.S.BINAMUNGU

SUPERVISOR

DATE.....................................................

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DECLARATION I, Deo Victor, do hereby declare that this research paper is the result of my own

investigations and findings except where stated; and that this paper has not been

presented or submitted to any other university or Institution for a degree or any

similar award.

Student’s Signature: ……………………………………………………….

DEO VICTOR

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DEDICATION

This work is hereby dedicated to my late parents Mr. Victor James and Aurelia Victor

James who both passed away some few years ago. Also, it is dedicated to my

daughter Aurelia; my young brothers Godfrey, Justus, Michael; and my only sister,

Theresia. Lastly to fiancée Arapha Mahamoud, I wish them a lot of success and

happiness throughout. May the blessings of the Lord be with them always.

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ACKNOWLEGMENT

A work of this kind could not have been easy without the assistance, guidance and moral support from a

number of people. It is therefore, my pleasure to extend my wholehearted thanks to all persons who in

one way or another have provided inputs to this work.

I appreciate many individuals and organizations for their kindness and support towards the completion

of this research. I, therefore, mention them by names though not all. However for those whose names do

not appear are also given the same weight as those whose names appear hereunder.

First and foremost, thanks go to our Almighty God for his everlasting grace to me and his care and

blessings from when I was born up to the moment.

Besides the help and blessings of God, a lot of people have heavily contributed towards the

accomplishment of this work. However, my supervisor, C.S.Binamungu deserves a special mention

because he assisted me not only by his insights and constructive ideas but also reading and editing the

paper, notwithstanding his other crucial official duties and responsibilities. His close supervision and

patient guidance enabled me to complete the work. He has always been there to grant every assistant I

required from him. His suggestions and criticisms contributed a lot to enrichment of this work. Without

him this work would not have the quality it has now. So I am proudly thankful to him and for sure I am

heavily indebted for the good supervision gladly rendered.

I also wish to express my sincere gratitudes to my employer, the Permanent Secretary, Ministry of

Lands, Housing and Human Settlements Development S.T Sijaona for allowing me to pursue this course

and the Registrar of Land and Housing Tribunals B.Mlole; Assistant Registrars Mrs. Bundala and Mr.

C.Qamara; and the Chairman of Kinondoni District Land and Housing Tribunal, Honorable R.L David.

The materials and instrumental information they provided have helped me very much in

accomplishment of this research during my field attachment.

It is impracticable to mention all those who took and made efforts to help me. I might have not listed

some contributors through they had viable contribution. As such collective thanks go to all those who

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have not been acknowledged by names and I also give them the same weight as those whose names

appear. Certainly, all of them have done a recommendable job.

TABLE OF STATUTES

Land Ordinance. Number 7 of 1923

The Rent Restriction (Amendment) Ordinance 1954

The land regulation of 1948,

The Land Survey Ordinance Number 32 of 1957,

Tanzania Government of, the Land Registration Ordinance Cap 334 Government

Printers Dar es Salaam,

Native Land Tenure Rules G.N. number 452 of 1956

The consolidation Act Cap 283 of 1959

Tanzania Government of, Crown Land Adjudication Rules G.N.number 91 of 2008,

Government Printers Dar es Salaam

Tanzania Government of, Land Acquisition Act Number 47 of 1967 Cap 118 R.E

2002, Government Printers Dar es Salaam

Tanzania Government of, The Public Land (Adjudication) Rules number 39 of

1967 Government Printers Dar es Salaam

viii

Tanzania Government of, The Ward Tribunal Act Number 7 of 1985, Government

Printers Dar es Salaam

Tanzania Government of, The Land (Settlement of Disputes) Act 1963 Cap 524 as

repealed by Land Act number 4 of 1999, Government Printers Dar es Salaam

Tanzania Government of, The Land (Law of property and Conveyance)

Ordinance Cap 114 as repealed by Land Act number 4 of 1999, Government Printers

Dar es Salaam

Tanzania Government of, The Rights of Occupancy (Development Conditions) Act

Cap 518 as repealed by Land Act number 4 of 1999. Government Printers Dar es

Salaam

Tanzania Government of, Rent Restriction Act Number 17 of 1984 as repealed by

Act number 11 of 2005, Government Printers Dar es Salaam

Tanzania Government of, Magistrate Courts Act [Cap 11 of 2002]. Government

Printers Dar es Salaam

Tanzania Government of, The Customary; leaseholds (Enfranchisement) Act

number 47 of 1968 Government Printers Dar es Salaam

Tanzania Government of, The Land Act number 4/1999 Government Printers Dar es

Salaam

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Tanzania Government of, The Written Laws [(Miscellaneous Amendment)

(number 2 number 11 of 2005] Government Printers Dar es Salaam

Tanganyika Order in Council1920 now repealed

Tanzania Government of, The Land Disputes Courts Act Regulation G.N number

174 of 2003 Government Printers Dar es Salaam

Tanzania Government of, The Urban Authorities (Rating) Act [Cap 289 of R.E

2002] Government Printers Dar es Salaam

Tanzania Government of, The Civil Procedure Code Act [Cap 33 R.E 2002]

Government Printers Dar es Salaam

Hansard

The National Assembly of United Republic of Tanzania Hansard of 31 January

2001 National Assembly Press, Dodoma.

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TABLE OF CASES Christomoo Ngowi v.William Lusito and Another [1992] T.L.R 340

Dr.Ludovick Ndaboine and Muleba Trading Co.Ltd v.Ally Salumu Rubibi

Appeal number 12/2006 High Court (Land Division) (Unreported) Tabora Registry

Emmil Adolf v. Giorgio Parmin, High Court (Land Division) Land Revision

Number 10 of 2005 (Arising from Kinondoni District Land and Housing Tribunal

application 56/2005.) (Unreported)

Hewlins v. Shippam, 5 B. & C. 229,

Indian Ocean Hotel v. Gatex Ltd Land Appeal no.8/2007 High Court (Land

Division) (unreported) Dar es Salaam Registry

Kangaulu Mussa v. Mpunghati Mchodo [1984] TLR 348

Nyanza Distributors Co. v.Geita General Stores (1977) LRT n.2

Petel Flour Mills v Nazaret Walji Hirji Miscellaneous Civil Appeal No.21 of 1954

Dar es Salaam Registry.

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TABLE OF CONTENT

Title Page

COPYRIGHT.......................................................................................................... ii

CERTIFICATION ................................................................................................. iii

DECLARATION.................................................................................................... iv

DEDICATION......................................................................................................... v

ACKNOWLEGMENT........................................................................................... vi

TABLE OF STATUTES ....................................................................................... vii

TABLE OF CASES................................................................................................. x

TABLE OF CONTENT ......................................................................................... xi

CHAPTER ONE...................................................................................................... 1

1.0 Introduction....................................................................................................... 1

(i) Interviews........................................................................................................... 2

(ii) Documentary Review......................................................................................... 3

(iii) Observation....................................................................................................... 3

(iv) Questionnaires .................................................................................................. 3

1.1 Data Analysis, discussion and Presentation...................................................... 4

1.2 THE BACKGROUND TO LAND DISPUTE SETTLEMENTS..... ................ 5

CHAPTER TWO................................................................................................... 15

CAUSES OF LAND DISPUTES AT KINONDONI DISTRICT LAND AND

HOUSING TRIBUNAL ........................................................................................ 15

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2.0 Introduction..................................................................................................... 15

2.1 Execution of orders of Kinondoni District Land and Housing Tribunal. ..... 20

2.2 Limitation of time for execution of a decree or order .................................... 25

CHAPTER THREE .............................................................................................. 26

FINDINGS ON THE FACTORS THAT HINDER EFFECTIVE EXECU TION

STAGE OF JUDICIAL PROCESS IN KINONDONI DISTRICT LAN D AND

HOUSING TRIBUNAL ........................................................................................ 26

3.0 Introduction. .................................................................................................... 26

3.1 The discussion on findings............................................................................... 26

CHAPTER FOUR................................................................................................. 31

4.0 Conclusion and recommendations .................................................................. 31

4.1 Conclusion........................................................................................................ 31

REFERENCES...................................................................................................... 35

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CHAPTER ONE

1.0 Introduction This research is the fulfillment of the requirements for the award of the Bachelor

Degree in law, and the data started being collected on 14 July 2008 to 10 October

2008. So, the research was conducted only in 89 days as per University requirements.

However, this time was not enough to make this research better than the form it is

now, as I were to move sometimes from Mzumbe University –Morogoro to Dar es

Salaam for collection of data necessary for writing this report. But this problem was

overcome by close cooperation between my supervisor and the respondents as I was

allowed to communicate through mobile phone rather than employing the usual

physical contact system.

The aim of this research was to investigate the execution stage of judicial process of

the District Land and Housing Tribunals, whether they are effectively doing the task

or not. The land law on disputes settlement enacted under the Land Disputes Courts

Act number 2 of 2002 of District Land and Housing Tribunal and its regulation which

is the Government Notice number 174 of 2003.

The study intended to answer the following two main questions;

(a) Which time span does District Land and Housing Tribunals spend on a case at

the execution stage?

(b)Which difficulties are involved at the execution stage?

The study revealed the following major findings to the above questions:

Firstly, stay of execution involves procedures which render the miscarriage of justice

though there is a room for appeal to the High Court for immovable property.

Secondly Tribunal Brokers obey orders of the Tribunal and leave aside the orders

from the High Court Land Division.

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Thirdly qualification of Tribunal Brokers is too low as such that they do not

understand the mode of execution and the legal language.

Lastly, there is no public awareness concerning the execution of the orders and the

decree of the Tribunals.

In view of these findings and conclusion, it is recommended the following:

First, an appeal to be a bar of execution for demolition of property

Secondly, seminars for Tribunal Brokers and the entire staff be conducted

Lastly, qualification of a Tribunal Broker to be looked upon and make it to be a

diploma or certificate in law.

Amendments to be done on the Land Act number 4 of 1999, Land Disputes Courts

Act number 2 of 2002 with the regulations under Government Notice number

174/2003

This research report is divided into four major parts .The first includes introduction;

which covers, among others, the introduction, the background to the problem,

statement of the problem, objectives of the research, and significance of the study.

The second chapter covers all activities done and employed to solicit the information

on the study. Chapter three deals with findings of the research in the District Land and

Housing Tribunal at Kinondoni District and the last chapter comprises the conclusion

and recommendations.

In Research design, the researcher used a case study approach due to time and

financial constraints. In as far as data collection methods are concerned; the

researcher used interviews, documentary review, observation, and questionnaires.

(i) Interviews

The study employed structured interviews. In this regard, a set of questions were

prepared in order to guide the researcher (“see appendix A”).

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(ii) Documentary Review

This method of data collection supplemented the interviews described above. By its

nature, documentary review focused on documents which are in private domain. In

this regard, the documents accessed were (i) case registers (ii) case files (iii) execution

orders, (iv) complaints files at the Kinondoni District Land and Housing Tribunal

office.

The rationale for reviewing the list of documents itemized above was to enable the

researcher to determine the time frame within a particular case which was disposed,

particularly on execution. The reviews confined it on cases filed in the registry of the

District Land and Housing Tribunal only and not those cases referred to by the parties

from the Ward tribunals whose nature and their detailed circumstances could not be

easily ascertained.

(iii) Observation

The direct observation method on how Kinondoni District Land and Housing Tribunal

orders are executed was also used by researcher. This involved visiting the sites where

orders were executed. Such orders which were looked upon included: eviction order

from premises, attachment of land, and sale of land by court order and demolition of

structures erected on land, all these would be done by Tribunal brokers.

Observation helped to access the data which could not easily be obtained by other

methods of data collection especially modes of execution and the weakness of both

staff and the Tribunal Brokers.

(iv) Questionnaires

Qquestionnaires were also employed with the intention of getting more clarifications

in respect of the issues jotted down in the papers per each or group of respondents

whereas each had an opportunity to give his/her views.(See “appendix B”).hundred

questionnaires supplied but seventy was collected.

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1.1 Data Analysis, discussion and Presentation

The researcher used qualitative data analysis approach. That is the data collected from

the field was developed into full text subsequently similar responses were categorized.

Unique answers were put on the other side. Themes were later developed out of the

same data and the process of identifying the key factors that hinder enforcement of

execution of judicial process from interviews were triangulated against documentary

review. Hence, the results obtained were discussed in line with the research questions

and the research objectives in relation to the findings obtained. The representation

format opted for by the researcher was text form and tables.

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1.2 BACKGROUND TO LAND DISPUTE SETTLEMENTS This chapter is concerned with the history of land disputes settlement in Tanzania,

before and after independence period, to the present

Pre and post independence Before Tanganyika was colonized, the people had their own traditional land dispute

settlement mechanisms. The institutions were developed in their own way. The main

function of traditional judicial institutions was the amicable settlement of disputes by

making awards or imposing punishment of banishment to proved offenders. The

institutions were different in form from area to area according to each customary law

community. So, at this period execution of customary orders was done in an amicable

manner because the winner took a little and the loser lost a little1.

This was the period in which land matters and disputes were governed by the Land

Ordinance.2 The Rent Restriction(Amendment) Ordinance,3The land regulation of

1948, The Land Survey Ordinance4, The Land Registration Ordinance5, Native Land

Tenure Rules6, The consolidation Act7,Crown Land Adjudication Rules8

However, as pointed out earlier, all these Laws were enacted to serve the colonial

purposes in that time and not in a real sense of serving the indigenous interests. The

lands disputes machinery in execution stage was done by court brokers and Rent

Inspectors and Local Authority as provided under the Rent Restriction Board in the

case of Petel Flour Mills v Nazaret Walji Hirji 9

In this period land matters were monitored by; the Land Acquisition Act10, the Public

Land (Adjudication) Rules11, the Ward Tribunal Act12,

1 Mwalusanya,J.L, (Rtd Judge), (1988), The Judiciary In Tanzania, p. 1 2 Number 7 of 1923 3 1954 4 Number 32 of 1957 5 Cap 334 6 G.N. number 452 of 1956 7 Cap 283 of 1959 8 G.N.number 91 of 2008 and any other related Laws. 9 Miscellaneous Civil Appeal No.21 of 1954 10 Number 47 of 1967 [Cap 118 R.E 2002] 11 Section 1of Act number 39 of 1967 12 Number 7 of 1985

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the Constitution of the United Republic of Tanzania13as amended in 2005, The Rent

Restriction Act,14The Land Tenure (Established Villages) Act, 15 The Land Act16,

Village Land Act17, The Land (Amendment) Act,18 which apply to the Limitation of

the Proceedings and causes of action and Land Disputes Courts Act19

After independence, the disputes machinery in the execution stage was done by the

ordinary courts, starting from the Primary Courts for land whose pecuniary

jurisdiction did not exceed three million, ten and twelve million for District and

Resident magistrate respectively20.Urban land matters were governed by the

following laws; - The Land Ordinance(supra), The Land (Settlement of Disputes)

Act21, The Land (Law of property and Conveyancing) Ordinance22, The Rights of

Occupancy (Development Conditions) Act23, and Rent Restriction Act24

In Dar es Salaam there was the Regional Housing Tribunal which was under the

Ministry for Lands in the Department of the Registrar of Housing Tribunals and was

stationed at the same plot of Dar es Salaam Regional Commissioner (RC).This

Tribunal was comprised by a Chairperson or Deputy-chairperson who was appointed

by the Minister responsible for housing and not more than five members appointed

also by the Minister after consultations with the Regional Commissioner25 In practice

it was showed that both chairperson and deputy chairperson came from the Judiciary

Department as Resident magistrates on part-time basis. Appeals from the Regional

Tribunal are directed to the Housing Appeals Tribunal which is also precisely by

Chairperson who was permanent appointed by the president26

13 Cap 1 of R.E 2002 14 Number 17 of 1984 or Cap 339 15 Number 49 of 1992. 16 Number 4 of 1999 or Cap 133 17 Number 5 of 1999 or Cap 114 18 Number 2 of 2002 19 Act Number 2 of 2002 20 Section 40 of the Magistrate Courts Act [Cap 11 of R.E 2002.] 21 1963 Cap 524 as repealed by Land Act number 4 of 1999 22 Cap 114 as repealed by Land Act number 4 of 1999 23 Cap 518 as repealed by Land Act number 4 of 1999 24 Number 17 of 1984 as repealed by section 30 of Act number 11 of 2005 25 Section 10 of Rent Restrictions Act number 17 of 1984 26 Section 7(1) of the Rent Restrictions Act Number 17/1984 but in practice was appointed among the Seniors and Principles Resident Magistrate and last Chairman was M.G.Kajeri(PRM)

7

Rent Restriction Act (supra), established Regional Housing Tribunals which heard

matters relating to rents only. After the matter was heard and finally concluded, the

execution was done by Court brokers under the supervision of the judiciary

department.27

However, the disputes which arose out of customary ownership was heard and

determined by the Customary Land Tribunal which was established in the fourteen

districts of the Country which are Kagera, Lushoto, Kyela, Tukuyu, Rombo, Same,

Mwanga, Hai, Moshi, Arusha/Arumeru, Karatu, Hanang, Mbulu and Babati. Any

party aggrieved by the decision of this tribunal would appeal to the Customary

Appeals Tribunal28

A duly authenticated copy of any decision or order of customary land Tribunal may

be filed by any party to the proceedings or by the Tribunal in the primary court

having jurisdiction over the area in which the land to which the decision or order

relates was situated and on such a decision or order being filed it may be enforced as

an order of the primary court29.

Currently, there is a high rate of land disputes in Tanzania, which has been a result of

growth in population and increase in business and commercial transactions. To

remedy the situation, several measures have been taken by the government of the

United Republic of Tanzania. First, the Presidential Commission of Inquiry into land

matters commonly known as “Shivji Commission” was setup and came up with

findings. It resulted in the passing of the National Land Policy (NLP) in 1995 with the

aim of streamlining the institutional arrangements in land administration and disputes

adjudication.

The National Land Policy (NLP) noted that the disputes settling machinery

particularly in the execution stage of the judicial process was inaccessible to the large

majority, there was considerable uncertainty and lack of finality in the resolution of

land disputes and ordinary courts were loaded with other disputes which led to very

27 Section 13 of The Customary; leaseholds( Enfranchisement)Act number 47 of 1968 28 Under The Customary; Leaseholds (Enfranchisement) Act number 47 of 1968. 29 Section 12(1) Customary Leaseholds (Enfranchisement) Act no.47/1968.It means execution of the Customary Land Tribunal was done by the primary courts of the local jurisdiction.

8

little time being given to land disputes. Further advice was given that there was a

need to have a well established land dispute machinery30 in order to be more effective

in the execution stage of the judicial process. The National Land Policy gives the

Ministry for Land starting to prepare a bill of Land Act and the Village Land Act.

The Land Act does not make any detailed provision on Land Courts. It merely names

them that is to say the Court of Appeal, the land division of the High Court, the

District Land and Housing Tribunal, Ward Tribunal and Village Land Council.31

TABLE 1: LAND AND COURTS

SOURCE: Section 167 (1) of the Land Act no. 4 of 1999.

(As amended)

It then became necessary to enact a new law in order to give effect to the above

structure. The new law according to Fimbo (2004) has an award name Land Depute

courts Act No.2 of 2002.32

The Minister for Lands, Human Settlement Developments33, on tabling the Bill on

Land Disputes Settlement for the second time34, nine(9)and eight (8) members of

parliament contribute orally and by written submission respectively.

30 Greenwood D.W. (1994) Technical Report Tanzania Land Policy Development Project IDA Credit no. 2335- at page 33 31 Section 167 of Land Act number 4/1999 32Fimbo G.M. ( 2004 ) Land Law Reform in Tanzania p.43 33 Gideon A.Cheyo ( he then was)

COURT OF APPEAL OF TANZANIA

THE LAND DIVISION OF THE HIGH COURT

DISTRICT LAND AND HOUSING TRIBUNAL

WARD TRIBUNALS

VILLAGE LAND COUNCILS

9

The main idea was to remove the land dispute administration problems and impose it

to the one system35 also reducing and speeding up of land cases in Tanzania mainland

to give people more time to work rather than disputing on that land36. The matter was

finally determined after the execution process was concluded.

Land matters like double allocation and trespass, except land rent which were heard

and determined by normal courts. In ordinary courts they did their work without any

great caution and with highly corrupt practices particularly on the execution stage.

The existing court structure (ordinary courts), and the governing executive organs,

do not seem to command legitimacy with the people so far as settlement of land

disputes (in execution stage) is concerned.37 These Tribunals help for justice not

done but seen to be done in the society, they help to reduce appeals to the higher

Courts and even if they reach such Courts should be determined within the period of

one year.38

The new law came into force on the 1st day of October 2003. On this date, Districts’

Land and Housing Tribunal become operational and were thus open to the public.

By introducing the District Land and Housing Tribunals, the Regional Housing

Tribunal and Appeal Housing Tribunal and Customary Land Tribunals and

Customary Appeal Tribunal have all been replaced following the repeal of Rent

Restriction Act39.

From that point of view, it was crystal clear that the problems inherent in the normal

courts necessitated the establishment of the said land courts and for that matter, this

study therefore seeks to find out as to whether the District Land and Housing Tribunal

with the case study of Kinondoni, has been effective to solve the problems of Land

disputes specifically on execution of orders for application which arose from its

tribunals.

34 On 31 January 2002 35 Contribution by William Shelukindo Hansard of 31 January 2001 at p. 55 36 Contribution by Prof Jumane .A. Maghembe Hansard of 31January 2001 at p.79 37 Ministry Of Land and Human Settlement Development (1995): National Land Policy at page 33 38 Contribution by Dr. William .F. Shija. Hansard of 31January 2001 at page 82 39 Under section 30 of Act number 17 of 1984 which as already repealed by Written Laws[(Miscellaneous Amendment)(number 2 number 11 of 2005]

10

The rationale for the establishment of District Land and Housing Tribunals as courts,

vide the Land Act No.4 of 1999, the village Land Act No. 5 of 1999 and the Land

dispute, Courts Act No. 2 of 2002, was to facilitate the aim of the National Land

Policy (NLP) in solving land matters through independent organ, by participation of

ordinary citizens whereas the expectation was that the land matters have to be fully

and quickly decided, judgment executed faster than ordinary courts. This legal

position was reinforced by rule.24 of the Land District Courts regulation40 that did not

recognize appeals as a bar to execution, hence, while Tribunals were working very

well, in 2007, it was observed that in Dar es Salaam Land Tribunals were having too

many cases to handle. It is doubtful whether the increase was natural as the population

was high in Dar es Salaam or it was due to the administration by the Registrar of the

High Court Land Division41

The traditional mode of Land disputes settlement.

The African Land tenure has invariably been used to mean the communal and

individual security of tenure for the use of land. Land owned by the community thus

never was there descending hierarchy of estates. The same applies to Tanganyika land

tenure system since Tanganyika was among the African States within African

societies.

Since traditionally land was owned communally, comprising those who were dead,

live and those who were yet to be born, the traditional mode of settling land disputes

also involved the community or tribe, clan members and the society at large. A Land

dispute was the dispute of all communities.

Pre colonial history shows that in the past as in the present land rights have had to be

actively defended against both external and domestic forces. In the pre colonial

societies commoners preserved access to land and other resources by using an idiom

of kingship to articulation concepts of mutual obligation.42

40 The Land Disputes Court Regulations of 2003 made under section 56 of the Act Number 2 of 2002 41 Letter with a reference number LD/T.30/6 dated 05 December 2006 from the High Court (Land Division) to the all chairpersons of District Land and Housing Tribunals Tanzania Mainland. 42 James I.G,Tanzania Zamani,p.42

11

It follows therefore that the traditional mode of solving disputes was that one of win a

little and loose a little.43 In no circumstances could a party to a land disputes win all

and take all. The system aimed at resolving disputes amicably through the moot courts

chaired by elders as a result the outcome of the case was reconciliation of the parties’

compensation or compromise. However, all that was possible due to the fact that there

was low development of materials production and land was not a commodity capable

of being perpetual together with the low population.

The modern Land disputes settlement.

The modern Land disputes settlement came up with the colonial invasion. It means

during the colonial era, back from 1961 i.e. 1885-1916. However, this came out as

the result of raw material, renovation as well as industrial revolution with the growth

of population, which later on made the recognition of Land as a commodity capable

of being sold and perpetually owned.

The coming of German colonialists marked the disintegration of the traditional

disputes settlement and their replacement by the adversarial system of disputes

settlement. At this stage with introduction of capitalism the traditional legal system

began to corrode and at the same time it established grounds for functioning of the

imposed German colonial legal system44

British colonialism entrenched a colonial state in Tanzania45 by imposing British laws

received directly from England46 and those adopted from India, arguably, the British

colonial era was greatly responsible for the erosion of the established Traditional

Judicial Institution and thus as substantial part of the current institution for the

administration and settlement of disputes in this country can be traced from this

period.47 After independence, institutions and procedures for settlement of disputes

and administration of justice did not change much. Most of the imposed and imported

43 Kadume’s case in Makaramba, R.V. (1996) Legal Method, at pg 34. 44 Ibid 45 Tanzania Mainland after the first World war in 1919. 46 Tanganyika Order in Council1920 now repealed 47 Ibid page 8

12

foreign laws procedures and institutions were and many more other were imported

and or created based on the British model.48

Not only that this system of modern land disputes settlement brought several major

evolutions in land system among them being, the use of land. The modern land

disputes settlement can be categorized into the pre independence era and post

independence.

The system of land disputes settlement operation in inefficiency created many

pending cases before normal court, hence establishment of the District Land and

Housing Tribunal in 2002 to supplement the said courts and according to Yusufu

(1997), their establishment has met considerable enthusiasm and their performance,

on the whole, seems to have maintained home among the respective communities

with an anticipation that this organ will continue to be useful to them.49 Furthermore,

there is failure to conclude cases in appreciable good time, incidents of irregularity

hence inconsistence in the use of witness accounts in arriving at decisions.50 He noted

further that there exists between procedures often used by Tribunals in handling

disputes and also there is possibility of using the principles of reconciliation that has

not been emphasised by the law establishing the District Land and Housing Tribunals.

The Tribunals would tend to be compulsive than conciliatory in conduct51so he gave

an advice that the said tendency need to be collected. The pecuniary jurisdiction of

Ward Tribunals and Village Councils is three million52but the same pecuniary can be

filed before the District Land and Housing Tribunal if one of the parties wanted to be

presented by Advocates

The major aims of forming Tribunals were to involve in adjudication of disputes, to

remove the cumbersome procedures and technicality which leads to delays in

renderiry of justice by the ordinary Courts, maintaining among the members of the

community peace and tranquilities through entertaining the appeals from Ward 48 Ibid 49 Yusufu (1997);Justice Administration outside the ordinary courts of Law Mainland Tanzania; the ward Tribunal 50 Ibid. 51 Ibid 52 as per section 15 of Act number 2 of 2002

13

Tribunal. The Law53provides that the primary function of each ward Tribunal should

be to secure peace and harmony in the area for which it was established by mediating

between and assisting parties to arrive at a mutually acceptable solution on any matter

concerning land within its jurisdiction.

For the purpose of making sure that the said provision was obeyed, there comes and

need to eliminate the problems. As explained out by Yusufu (1977), that there has

been segregation about sex in electing members/assessors of the tribunals, now to

remedy the situation the law 54 provides that each tribunal shall be composed of one

Chairman and not more than two assessors and shall be required to give out their

opinion before the Chairman reaches the judgment.55

Another important area was about corruption, from the study made by Makombe and

Sikalumba (2005)56 among other things also noted that the question of corruption

among members of the Tribunals was at the peak and at that people had lost hope of

getting justice done without corruption, so that if any part was aggrieved by a decision

of Ward Tribunal would lodge an appeal to the District Land and Housing Tribunal.

There still some doubt as to whether after the enactment of the new land laws the

situation has been rectified due to the fact that few studies have been conducted as the

Acts were new and it was only five years from the date when they started operating.

However, I would also note some weaknesses under the new law which may be the

catalyst of other problems as already analyzed that the Act number 2 of 2002 does not

provide the specific time to lodge an appeal to the High Court (Land Division) for

main application file at the District Land and Housing Tribunal, but for the time being

53 Sect. 13 of Land Disputes courts Act No 2 of 2002 (Regulations 2003). Also Section 8 (1) of the Ward Tribunal Act 1985 provides wording of the same gist that the primary function of each Tribunal shall be to secure peace and harmony in the area for which it is established by mediating and endeavoring to obtain just and amicable settlement of disputes. 54 Also section 26 of the District Land and Housing Tribunal Act no 2 of 2002 show s the appointment Assessors of Tribunal and its mandatory for the Minister appoint not more than 7 assessors three of whom shall be women for each Tribunal. 55 Provide under section 23 of the Courts Disputes Settlement Act Number 2 of 2002 56 Makombe I.A.M. and Sikalumba A.J. (2005); The role of Ward tribunals in Enhancing the administration of Justice in Tanzania: The case of selected Ward Tribunals in Sumbawanga Urban and Rural district p. 14.

14

the Civil Procedure Act57 applies as stated in section 51 of Land Disputes Courts Act

(supra)

The District Land and Housing Tribunals’ power have been limited on the pecuniary

jurisdiction under section 33 of The Land Disputes Court (supra) which is fifty

million. Pending cases due to the end of October 58 at Kinondoni was 610 main

applications, 374 miscellaneous applications (application of execution) and 161

appeals from the Ward Tribunal. The question before the researcher is whether the

introduction of District Land and Housing Tribunal can help speed up the Land

disputes in execution stage of judicial process. This was also the question which has

been worked for as it was the intention of the researcher to make sure that the

problems which seems to hinder the efficiency of the District Land and Housing

Tribunals dealing with execution of the judgments and orders on land matter are

singled out and recommendations on how to solve them are made.

An application of execution which is filed at the of October 2008 is 374 and it only 70

cases which one a part as legal representation the remaining cases does not afford

such services. Also it was established that 200 applications of execution cases are

originated from the Ward Tribunals which are 27 in the Kinondoni District. In the 70

which are it involved legal representation 20 were sick for demolition. Out of 200

which do not involved legal representation 60 cases were sick of demolition order.

Due to the technicality (stay of execution and objection proceedings) which is not

known to them, these group of laymen was in the looser side always in which such

execution it is irrepealably. When the matter forwarded to the High Court Land

Division by way of appeal or revision and succeeded it bring the injustice to the

winner part because the subject matter does not exist.

57 Cap 33 R.E 2002 58 This number as per Monthly return of July 2008

15

CHAPTER TWO CAUSES OF LAND DISPUTES AT KINONDONI DISTRICT LAND AND

HOUSING TRIBUNAL

2.0 Introduction

This chapter is concerned with the causes of the land disputes which arise in

Kinondoni District Land and Housing Tribunal. In the said Tribunal there are Land

applications, appeals from the ward Tribunal and miscellaneous applications which

most of them are execution and revision from the ward Tribunal.

The District Land and Housing Tribunal is established under section 22 of Land

Disputes Courts Act59.The Tribunal during the hearing of main applications and

appeals from the ward Tribunal should be composed of one chairman and not less

than two assessors who shall be required to give out their opinion before the chairman

reaches the judgment.

But in the course of hearing of any proceedings before the Tribunal either or both

members of the Tribunal who were present at the commencement of the proceedings

is or are absent, the chairman and remaining members may continue and conclude the

proceedings.60

There are three types of land disputes in the District Land and Housing Tribunal.

These are as follows; -

(I) Land applications

(II) Appeals

(III) Miscellaneous applications

Land applications are the land disputes which the District Land and Housing

Tribunal have and exercise original jurisdiction. Such jurisdiction shall be limited in

proceedings for recovery of possession of immovable property value if it does not

exceed fifty million shillings and in other proceedings where the subject matter is

59 Act number 2 of 2002 60 Section 23 of Act number 2/2002

16

capable of being estimated at money value the subject matter does not exceed forty

million shillings.61

In order to institute an application before the District Land and Housing Tribunal an

applicant shall fill the specific form which is found in the second schedule 62

(“See appendix C”)

Land appeal. District Land and Housing Tribunal has the power to hear and

determine appeals from the ward tribunal.63In the course of trying this appeal the

chairman shall sit with not less than two assessors. Among its powers includes

conforming the decision or reversing or quashing any proceedings or ordering the

matter to be dealt with by the Ward Tribunal on how any defect in the earlier decision

may be ratified specifically on execution of ward decision.64 In filling the

memorandum of appeal there is no specific form provided under the regulation rather

than intended appellant to construe the grounds him/her self.

Miscellaneous applications are applications which are logged before the District

Land and Housing Tribunal either to revise or to execute the Ward Tribunal decision.

The application is filed before the Tribunal by using a specific form of the execution

which is form number 3 (“See appendix D”)

The researcher mainly dealt with the execution stage of judicial process of the land

application which also after the matter being determined, the applicant is required to

fill the form number 3 of the second schedule but which was given the same number

of the main application.

61 Section 33(2) of the Act number 2 of 2002 62 G.N number 174 /2003 of The Land Disputes Courts Act Regulation. 63 Under section 15 of Disputes Courts Act give jurisdiction to ward Tribunal entertain the proceedings of a civil nature relating to land be limited to the disputed land or property valued at three million shillings. 64 Section 35 of the Act number 2 of 2002

17

Disputes arise at Kinondoni District Land and Housing Tribunal as a result of the

following sources - Ownership of land in disputes, encroachment of boundaries of

neighbour’s land, also disputes arise from lease agreement, mortgaged property in

relation thereto, double allocation done by Kinondoni Municipal Council, and

summary proceedings concerning property tax. Those sources of disputes are

discussed herein under for detail clarification.

Ownership of land in disputes. This category of land disputes arises where two

parties in a suit and each party claims to have legal ownership of land in dispute. It

can happen that both parties bought the same disputed land from one or more deferent

persons who disappear and cannot be found. The disputed land can be surveyed land,

so during the transfer of the said land is when disputes arise when the other party has

logged a caveat. The matter within the jurisdiction of the Tribunal is filed to

determine who the real owner of the disputed land is.

Also, the disputed land can be not unsurveyed (squatter area) so when one party take

measures to develop, it is when disputes arise hence leading to filing of a suit before

the tribunal but if and only if it failed under the jurisdiction of the Tribunal65

Encroaching a boundary of a neighbour’s land. This type of land disputes arise

when one party claims another party, both being neighbours to have encroached in

land along boundaries. Most of the cases are one or two sides of the boundaries.

When the matter comes to the tribunal an applicant seeks for an order of restoration of

boundary. This task can be done by a municipal surveyor when the disputed land is

surveyed in case not the same was done by Tribunal broker by assistance of Ward

Tribunal Authority.

Disputes arising from lease agreement: Lease is a legal agreement between lessee

(tenant) and lessor (land lord) with a consideration of money known as rent in order

to use a building or piece of land for a period specified.

65 50 million for immovable and 40 million for movable as provided under section 33(2) of the Act number 2/2002.

18

Lease means a lease or sublease, whether registered or unregistered of a right of

occupancy and it includes a short-term lease and agreement to lease66. When a term(s)

in lease agreement is not fulfilled by either party, the disputes arise. The party

aggrieved by the agreement may institute a suit before the District Land and Housing

Tribunal67 and the Tribunal may order specific performance of such agreement or

eviction on side of the lessor the lessee (tenant) or any other order which the Tribunal

demes fit to grant.

Mortgage of property in relation to disputed land: Mortgage is an agreement

which allows a person to borrow money from a bank or similar organization by using

a registered land through a certificate of title as security of the loan. If there is any

default of payment of the borrowed money, the security is attached and sold in order

to recover such amount defaulted.

Mortgage means an interest in right of occupancy or a lease securing the payment of

money or money’s worth or fulfilment of condition and includes a sub mortgage and

the instrument creating a mortgage68.

Mortgage of property in relation to disputed land arises, when one of the parties fail to

fulfil the conditions agreed on the mortgaged instrument. Also, there are some

disputes which arise when one spouse using a matrimonial house and creating

mortgage without the consent of the other spouse which leads the aggrieved spouse to

institute a suit and suing both; the bank or alike and his husband/wife (it depends on

the circumstances) in order to nullify such agreement.

Double allocation done by Kinondoni Municipal council. Double allocation is the

act of proper authority to allocate a piece of land to more than one person. On the

same and issuing to both of the necessary documents to own that disputed land,

including certificate of title.

66 Section 2 of the Land Act number 4 of 1999 67 Pecuniary jurisdiction of District Land and Housing Tribunal over lease agreement does not exceed 40 million. 68 Section 2 of the Land Act Number 4/1999

19

The contrivance starts when one of the parties wants to develop the disputed land.

One of the parties may institute a suit against the other party and the authority which

allocated that disputed land.

Before the Land Act69 came into force, in Dar es Salaam there were three proper

authorities that allocated land on the same area. These are Ministry of Land, Dar es

Salaam City Council, and Kinondoni Municipal Council. These authorities were the

industry of double allocation because when they allocated land they neither

communicated nor did they serve/supply data from one authority to another. These

allocations created a lot of land disputes in Kinondoni Municipal Area specifically at

Mbezi Beach and Tegeta area because these were the areas which the citizen were

more interested due to availability of transport and water.

Summary proceedings concerned the property tax: a summary proceeding is a

matter conducted or done without delay or formality, quickly executed, dismissal

relating to or using a summary proceedings or trial.

Local Authorities have the Jurisdiction to impose tax within the authority which shall

be payable by the residence of that authority when issued with a demand. Property

Tax is among the tax imposed by the Local Authority which the owner of the house

(property) must comply with its demand, failure to pay the said rent leads to summary

proceedings70. Also, the same position is supported by the Civil Procedure Code

under Order xxxv rule 1(e)

In land disputes there are summary proceedings concerned with property tax which is

the rent imposed by the Local Authority, of which failure to pay the said rent leads to

summary proceedings. The result of the said proceedings is attachment and sale of the

property (house or plot) in order to get the rent and if there is any excess it is returned

back to the owner.

69 Number 4/1999 70 Section 43 of The Urban Authorities (Rating) Act [Cap 289 of R.E 2002]

20

2.1 Execution of orders of Kinondoni District Land and Housing Tribunal. Execution of a decree should be done by the court which passed a decree unless there

is some thing repugnant in the subject or context, deemed to be included where the

decree to be executed has passed in the exercise of appellate jurisdiction, the court of

the first instance and where the court of the first instance has ceased to exist or have

jurisdiction to execute the order, if the suit wherein the decree was passed was

instituted at the time of making the application for the execution of decree, in a body

that would have jurisdiction to try such suit71.

The execution of the Kinondoni District Land and Housing Tribunal is done after the

decree holder fills the execution form and it is logged; there after being registered it is

given a number in the miscellaneous application register book.

Kinondoni District Land and Housing Tribunal gives the following orders;-

(i) Attachment order

(ii) Sale of movable or immovable properties

(iii) Eviction order

(iv) Demolition order

(v) Restoration of boundary.

Attachment order, is granted after the decree holder applies for execution of the

decree, after the tribunal has heard both parties and determines that there is no ground

of the execution not to take place, then the tribunal grants the application of the

decree by the Tribunal Broker to be appointed to attach the judgment’s debtor

properties. A property which can be attachable by the Tribunal broker is either

movable or immovable in order to provide judgment debtor.

Fees and costs for Tribunal Brokers for attachment is prescribed under third schedule

of Land Disputes courts Regulation72 which provides attachment of immovable

property where an estimated value which does not exceed Tshs.5 million is five

percent (5%) and where the estimated value that exceeds Tshs.5 million is three

percent (3%).For attaching movable property where the estimated value does not

71 Section 32 of CPC Cap 33 R.E 2002 the same is provided under regulation 22(2) of G.N no.174/2003. 72 Government Notice 174 published on 27/6/2003

21

exceed Tshs. five million is ten percent and where the estimated value of the property

that exceeds Tshs. Five million is five percent.(“See appendix E”)

Where the property so attached is sold, the Tribunal broker shall not be entitled to,

storage fees.

Where the property attached is released, the broker shall be entitled to in addition to

attachment fees, storage fees as follows; for the first 45 days or any part thereof is five

percent (5%) and for further period is ten percent (10%)

The Land Disputes Courts (The District Land and Housing Tribunal) Regulations

(supra) does not analyze the property liable to attachment and sale in execution of a

decree or orders and property not liable to attachment and sale, but the same is

provided under section 48 of the Civil Procedure Code (supra): The provision states

that the following should not be liable to such attachment or sale, namely;-

(i) the necessary wearing-apparel, cooking vessels, beds and bedding of the

judgment debtor, his wife and children, and such personal ornaments as, in

accordance with religious usage, cannot be parted with by any woman,

(ii) Tools of artisans and, where the judgment debtor is an agriculturist, his

implements of husbandry and such as cattle and seed-grain as may, in the

opinion of the court, be necessary to enable him to earn his livelihood as

such.

(iii) Houses and other buildings (with the materials and the sites thereof and the

land immediately appurtenant thereto and necessary for their enjoyment)

belonging to an agriculturist and occupied by him.

(iv) Any land used for agricultural purposes by a village, an Ujamaa Village, a

Co-operative Society, or an individual whose livelihood is wholly

dependent upon the use of such land.

(v) Any residential house or building, or part of a house or building occupied

by the judgment debtor, his wife and dependant children for residential

purposes.

(vi) Books of account

22

(vii) An expectancy of succession by survivorship or other merely contingent or

possible right or interest.

(viii) A right for future maintenance or

(ix) Any other property declared by any written law not is liable to attachment.

Objections to Attachments, It often happens that a third party or the judgment-

debtor himself objects to the attachment of a particular property or properties, usually

on the ground that such property is not liable to attachment on some grounds or

others. So, a party may choose either to file a fresh suit or he could proceed by way of

objection. Also, the court has discretion to entertain or not to entertain a suit which

could be brought by way of objection depending on the circumstances of each case

and any person aggrieved by the execution of a decree may object to the court which

passed the decree and that covers the plaintiff as provided in the case of Kangaulu

Mussa v. Mpunghati Mchodo73

In such situation, it is the duty of the court to investigate such claim or objection. In

doing so the court will deal with the matter as if the objector (if a third party) was

party to the suit. The objector will be asked to adduce evidence to show that the

property is not subject to attachment, say, on the ground that at the date of the

attachment he had some interest in such property, or that, by operation of law, the

property is not subject to attachment as provided under O xxi rr.57 and 58 of Civil

Procedure Code (supra) and Nyanza Distributors Co. v.Geita General Stores74

respectively.

After the objector or claimant has adduced evidence to that effect, the judgment-

debtor and or the decree-holder may adduce evidence to refute the claimant’s

evidence. Thereafter, the court will rule on the matter. The court, however, may

decline to entertain an objection or to investigate it if it is of the view that it was

designedly or unnecessarily delayed.

If the court is satisfied that the objection did, on the date of the attachment, have some

existing interest, the court may make an order releasing the property, either wholly or

73 [1984] TLR 348 74 (1977) LRT n.2

23

to such extent as it thinks fit. If, at the time the objection is filed in court, the sale of

the property attached has been advertised, the court may postpone such sale pending

the result of the investigation.

Sale of attached properties: when the properties attached and the judgment debtor

default to redeem the same, the Tribunal broker must apply for order of sale and the

Tribunal must grant the proclamation of sale 75(“See appendix F”) which will give

the legal power for Tribunal Broker to conduct sale of the properties. After the sale

has been conducted the court which gives the order of sale has to issue certificate of

sale to declare validity of sale. (“See appendix G”) as per Order xxi rule 92 of Civil

Procedure Code(supra) in order to prevent further execution on the matter(dispute)

Also in the case of Dr.Ludovick Ndaboine and Muleba Trading Co.Ltd v.Ally

Salumu Rubibi76 the execution was granted by the tribunal but the suit land which

was attached was not the property of the judgment debtor. Additionally, there was an

appeal in the High Court (Land Division)77 concerning the same matter. The house

was attached in order to get the decretal sum but sale was nullified by the High Court

(Land Division), because the property attached was not involved in the case filed in

the court.

Eviction order: (“See appendix H”) is a legal instrument which gives the Tribunal

Broker legal power to remove the judgment debtor from the suit land after the matter

to be determined. Fees and costs for the Tribunal broker in eviction involving

breaking the front door is ten thousand (Tshs.10, 000/=) and for evicting from each

room (bathrooms and toilets not included) is thirty thousand (Tshs 30,000).

For purposes of these regulations where the eviction is done in a self contained house,

the sitting room, dinning rooms and kitchen shall be deemed to be rooms of equal size

and the fees shall be the same78.

75 Movable property which extracted from Order 21 rule 66 of the Civil Procedure Code Cap 33 76 Land appeal number 25/2006 High Court (Land Division) (originating from Application number 25/2006 in the Kigoma District Land and Housing Tribunal.) 77 Appeal number 12/2006 78 Part iv of third schedule of G.N no.174 of 2003

24

Demolition order: (“See appendix I”) is a legal instrument which gives the

Tribunal Broker legal power to demolish the structure which is erected on the

disputed land. Unfortunately, the fees and costs for the Tribunal broker for demolition

order is not provided for which leads the court broker to charge the fees and costs

which is uncertain and very high for low income earners.

Restoration of Boundary: is an order of Tribunal which enables a Tribunal Broker

or Kinondoni Municipal Council through Municipal Surveyor to restore a boundary

which was disturbed by any party if the dispute that arose; the source is a boundary of

a plot which was already surveyed. If the disputed land was not surveyed the agreed

boundary could be marked by either Tribunal Broker or Local Government through

Ward Tribunal. (“See appendix J”)

Easement order: Easement is a right to cross or otherwise use another’s land for a

specified purpose. Also, easement is a privilege that one neighbour path of another, by

writing or prescription, with profit; as a Way, or sinks through his land or such like"79

Easement order is an instrument which forces the neighbour to give path to another

person in order to lease him/her to develop the suit land or locked land. For one to

apply for the order he or she should make sure that there is no alternative way to path.

(“See appendix K”)

The execution should be done immediately without further notice to the judgment

debtor and within fourteen (14) days and make a report to the chairman indicating the

manner in which execution has been carried out.80

In order to stay execution, a judgment debtor who intends to appeal to the High Court

may at any time before the decree or order of the Tribunal is executed, apply to the

Tribunal for stay of execution; application should be filed in chamber summons

supported by affidavit. No application for stay of execution shall be heard ex-pate81.

79 Cited by Bayley J., Hewlins v. Shippam, 5 B. & C. 229, at p. 230). 80 Provided under rule 29(3) G.N 174/2003 81 Rule 25 of G.N number 174 of 2003

25

The same regulation is provided for any party who is aggrieved by the decision of the

Tribunal should appeals to the High Court (Land Division) which provides that an

appeal should not in any case be a bar to the execution of decree or order of Tribunal.

The Tribunal Broker should execute the decree or orders of the Tribunal in the

manner or mode which cannot cause damage to either party and in peaceful manner.

If the Tribunal Broker discovers there was a need seek assistance from a police, the

same should be done by Tribunal Broker by writing a letter to a Chairman of the

Tribunal and the Tribunal shall prepares a letter to the Regional Police Commander

(RPC) to seek assistance from them (“see appendix N”).

2.2 Limitation of time for execution of a decree or order

No order of execution should be entertained after expiration of twelve years from the

time and date decree is sought to be executed or where the decree or order directs any

payment of money of any property to be made at a certain date or at recurring periods,

the date of the default in the making the payment in respect of which the application

seeks to execute the decree.82

82 It is provided under section 39 of CPC Cap33 of R.E 2002 also Law of Limitation Act under section 3 schedule part one as provided under sections 51 and 52(2) both would apply to the District Land and Housing Tribunal.

26

CHAPTER THREE

FINDINGS ON THE FACTORS THAT HINDER EFFECTIVE

EXECUTION STAGE OF JUDICIAL PROCESS IN KINONDONI

DISTRICT LAND AND HOUSING TRIBUNAL

3.0 Introduction.

This chapter presents the factors that hinder efficiencies in application for execution,

touching on performance and challenges faced by litigants, Tribunal brokers’ and

Tribunals in the execution stage of judicial process. This is the data which was found

by interviewing two judicial officers (Judge and Registrar of High Court Land

Division), two chairmen of the District Land and Housing Tribunal, nine advocates of

High Court and subordinates court thereto, nine court brokers, twenty Wards

Executive officers and five Tribunal Clerks.

Also, in this chapter there are discussions on stay of execution, responsibilities of

court brokers, knowledge and procedures of execution, qualification of Tribunal

Brokers and the difficulties litigants face on execution process.

3.1 Discussion of findings

Stay of execution. In order to stay execution, the applicant/judgment debtor should

file an application by way of chamber summons supported by an affidavit. This

application is heard inter parties to examine whether there are reasons that warrant of

execution. One of the reasons to grant a stay is existence of an appeal or intention to

appeal to the High Court (Land Division).In the case of Christomoo Ngowi v.

William Lusito and Another 83 the Court of Appeal states that;-

As there is no evidence to show that the applicant has lodged notice of

appeal against the decision of the High Court the application seeking

execution is incompetent.

83 [1992]T.L.R 340

27

The procedure of stay of execution is to file a chamber summons which explains the

law applicable, namely regulation 25 of the Government Notice number 174/2003

accompanied with relief claimed, supported by an affidavit to explain the ground of

execution.

The chamber and an affidavit must be filed by judgment-debtor and the copy to be

served upon to the decree holder, who in other side is given a right to be heard and

also file a counter affidavit. When the pleading is over the court sets the date of

hearing of both parties and then rules on either to grant or dismiss the application

depending on the evidence produced before the Tribunal.

There may be an execution of a decree before the District Land and Housing Tribunal

while there is an appeal pending in the High Court (Land Division) which is provided

for under regulation.84Not enough there may be a contradiction in the case which the

execution has already executed but the judgment debtor makes revision in the High

Court (Land Division) and succeeds in the appeal or revision. The same was

experienced in the case of EMMIL ADOLF v. GIORGIO PARMIN 85 where the

revision done by the High Court was to restore the applicant in the disputed Housing

which the applicant had already been evicted by ADILI AUCTION MART. The order

was delivered on 30th March 2006 but it was not acted upon till the time of compiling

this report, and the properties of the applicant are still continuing being charged for

storage under the custody of the same court.

Responsibility of Tribunal Brokers: The Tribunal Brokers do not obey the orders of

stay granted by the High Court rather they proceed with the execution believing that

they are responsible to the chairman of the District Land and Housing Tribunal. Also,

it is controversial when decision delivered by the High Court requires the tribunal

broker to release the judgment debtors’ properties after succeeding either in an appeal

or revision without explaining the responsibilities of tribunal broker fees86.In the case

84Regulation 24 of the Government Notice Number 174/2003 85High Court (Land Division) Land Revision Number 10 of 2005 Arising from Kinondoni District Land and Housing Tribunal application 56/2005. 86 As appears in the case of EMMIL ADOLF v. GIORGIO PARMIN(supra) where Rugazia,J delivered a decision the applicant in that revision should be restored without explain the Tribunal Brokers’ fees in whose favour, which it is leads into disturbance of the winning part(applicant in this case).

28

of Indian Ocean Hotel v. Gatex Ltd87 the court broker called MAKO AUCTION

MART attached the Judgment Debtor’s properties where there was already settlement

deed filed at the High Court (Land Division).When the Tribunal Broker was required

to release the said properties he defaulted to do so, till when poisoned by contempt of

court.

Knowledge and procedure of execution: Lack of appropriate knowledge and

procedure by Tribunal Brokers which results in evicting and attaching of a property

owned by a person who is not a party to a suit, resulting in disturbances to the

successful part in an appeal.

Tribunal Brokers as a firm is registered and must have its office and store for purpose

of storing movable property attached in a safe manner. But unfortunately the

researcher found out that the stores were shared by more that two firms of Tribunal

Brokers something that makes it very difficult to put the property in safe manner.

Qualification of Tribunal Broker: Tribunal Broker’s office lacks qualified staff.

The Qualification of Tribunal Staff entails a person of heavy weight and cruelty that

one can do a certain task by using force, as a result piece and harmony disappears in

the area in question.(“See Appendix M”)88

The Tribunal Brokers’ Directors do not conduct training for their staff rather than

conducting their tasks for years through experience.

Ninety per cent (90) of the suit executed the Tribunal Brokers do not return a report

to the Chairman of the Tribunal on the nature and the mode of the execution carried

out as to whether it was properly done or not.

87 Land Appeal no.8/2007 High Court (Land Division) (unreported) 88 Damage caused by staffs that was not qualified to the demolition task. Also the Tribunal had entertained a matter which exceeded its value property. it is advisable chairperson to be satisfy them self before issuing a demolition order in order to avoid irrepealably loss as happen in this case contradicting suits.

29

The weakness of the Tribunal Brokers entailed the failure to consult the Municipal

Surveyor to see whether the suit plot was surveyed or not. Also, the disputant

executed the judgement even without making any search in the Registrar of Title to

verify on the suit land.

Difficulties that litigants face on execution process: During the execution process,

litigants (decree holder) face the following difficulties;-

Awareness of the public

Regardiry education concerning the laws governing land disputes, ninety five per cent

(95%) do not have knowledge about the law and fee on execution stage of litigation.

On the other side Tribunal Brokers use such ignorance to impose higher fee on

execution task. For sample, when I made an interview with G.M Auction Mart he

said that eviction order for the self contained house is 700,000/=, and demolition

order to execute is 400,000-1,000,000/= but it would depend on the nature of work as

it can be even more than that. So, ignorance and poverty of the litigants can be the

source of the justice to be denied because forty per cent could not afford to pay such

cost. Not only that but also, fifty per cent of litigants had the knowledge that

execution suit is a new application in whole, and even a fee to defend that to the

advocate is separate.

Because of the large work load of a typist it was found that it would take thirty days to

get a copy of judgment and decree hence leading to delays of the decree holder’s

rights. Within the period of waiting for a copy of judgment, the decree holder should

be careful, for apart from that, the judgment debtor can do any transaction on the suit

land including to sold or mortgage the suit land and disappear which leads into fresh

disputes by another person who was not part to the same transaction with or without

knowledge or formal procedure.

In this study it was found that the rule 24 of Government Notice number 174/2003 has

some problems especially when it provides for an appeal not to bar an execution,

which is an adoption of the Civil Procedure Code. It is very wasteful especially on

immovable properties when demolished and later (s) the appellant succeeds on appeal.

30

During the study it was found out that all Judicial Officers were not satisfied by the

way in which execution is done in the Tribunal;, all chairmen agreed that the law is

perfect though improvement should be done by conducting seminars to the staff and

the Tribunal Brokers, six advocates among nine said the rule 24 of the said

Government Notice requires amendment, it should not follow strictly the provision of

the Civil Procedure Code. All Tribunal Brokers whore are form four leavers presented

their views that the law is proper, what is needed is regular seminars on the law and

mode of execution. Ward Executive officers blamed by saying that they are needed to

assist Tribunal Brokers without any instructions from the District Land and Housing

Tribunal and all Tribunal Clerks agreed by saying that rule 24 of the said Government

Notice is unjust for the parties who are laymen like demolition order when there is no

application of stay though there is an appeal before the High Court and the aggrieved

party succeeds.

All the factors explained above make the life span of the execution matters to take the

three months or more, leads to congestions of many cases.

31

CHAPTER FOUR

4.0 Conclusion and Recommendations 4.1 Conclusion This study has managed to critically review and analyse of the law and practice,

which exists between the litigants, Tribunal and Tribunal Brokers in their relationship

in Kinondoni District Land and Housing Tribunal.

However, there are recommendation made, and among them is amendment of some

provisions of law and regulations to ignore and incorporate some forms which are not

provided in order to make uniform execution in all District Tribunals.

Recommendations:

(i) The researcher finds that, there are executions which are granted by the

Tribunal Chairman with the knowledge that there is an appeal or an

application for revision which leads to unjustice when the aggrieved party

succeeds before that court. So, there should be amendments of the

regulation 2489 in a matter of demolition or eviction so, that an appeal can

be a bar to execution, because to grant it can cause an irrepealable loss to

the one of the part. If the matter is ownership the party who’s won the suit

may not cause a great damage like demolition or eviction.

(ii) The researcher finds that, there are evictions solely done by the land lord

by filing a miscellaneous application, just a request for the Tribunal to

appoint a Tribunal Broker to go and evict his/her tenant. The power is

granted under section 1790 but to allow this provision is pure against the

UN Committee appointed under the International Convention on

Economic, Social and Cultural Rights,91

89 Of the G.N 174/2003 90 Act number 11 of 2005 written Laws (Miscellaneous Amendments) 91 Also known as the Vancouver Declaration on Human Settlements. Adopted in Vancouver Canada 31 May to 11 June 1976; HABITAT United Nations Conference on Human Settlement.

32

Evictions should not result in individuals being rendered

homeless or vulnerable to the violation of other human

rights….the state party must take all appropriate measures to

the maximum of its available resources, to ensure that

adequate alternative housing resettlement or access to

productive land as the case may be, is available.

So, to continue with a provision like section 17 of Written Laws

(amendments) (supra) is to contravene the International instrument which

has been mentioned above. The section should be looked upon to reach

into fair and justice decision.

(iii) The Ministry of Lands, Housing and Human Settlement under the office

of Registrar of District Land and Housing Tribunals, must make sure that

Tribunal Broker with their staff are having seminars from time to time so

that they can become up to date and more conversant with the laws and

regulations relating to execution of Tribunal orders, in order to perform

their work properly.

(iv) Kinondoni District Land and Housing Tribunal is a busy station

compared to other Districts for that reason there are two Chairmen but the

working environment for the members of staff have been observed to be

unproportional to the status honoured to the said Tribunal. The Ministry

of Land, Housing and Human Settlement has to make sure that Kinondoni

District Land and Housing Tribunal is provided with independent office so

as to avoid from depending on the same building which is used by the

District Commissioners hence the Tribunal is given only four rooms

making them work in the congested situation the whole day.

(v) Qualification of Tribunal Brokers should be revised and be certain, and the

minimum qualification should at least be a certificate in law. This will help

to improve the performance of the Tribunal Brokers, because all activities

involve the matters of law.

33

(vi) The forms which are used in the execution stage are not provided for in the

regulation, so it is time now to incorporate the forms in the regulation.

This will help in making uniform execution all over the Main Land

Tanzania.

(vii) Minister of Lands, Housing and Human Settlement should give

instructions to the chairman and chairperson on how to deal with a pauper

(litigants who do not afford Tribunal Brokers’ fees). The instructions will

help those paupers to get their right without disturbance or delay.

SUMMARY OF RECOMMENDATIONS.

ITEM ACTION TO BE

TAKEN

RESPONSIBLE

PERSON

TIME

Regulation 24 of

G.N 174/2003

To be amended in

order to make an

appeal to the High

Court (Land

Division) to be a

bar of execution in

demolition suit.

Minister of Land,

Housing and

Human Settlement.

As soon as possible

under the power

conferred under

section 56 of Act

number 2/2002

Public awareness

about the execution

stage of judicial

process.

Awareness through

media

communication e.g.

Radio, Television

channel,

Newspaper.

Registrar of District

Land and Housing

Tribunal.

As soon as possible

under the power

conferred under

section 28 of Act

number 2/2002

Education to be

provided to the

Tribunal Broker.

Seminar to be

conducted to cover

all Tribunal

Brokers twice per

annum.

Registrar of District

Land and Housing

Tribunal.

As soon as possible

under the power

conferred under

Regulation 27 of

G.N 174/2003

34

Qualification of

Tribunal Broker as

provided under

regulation 26 of

G.N 174/2003.

To amend the

provision and

include the

requirement that

being a Tribunal

Broker shall at

least have a

Certificate in Law.

Minister of Lands,

Housing and

Human Settlement.

As soon as possible

under the power

conferred under

section 56 of Act

number 2/2002

Section 102 of

Land Act number

4/2002 as amended

by Act 11/2005

Written Laws

(Miscellaneous

Amendment)

To amend the

provision in order

to match with

International

instrument. This is

a UN-Committee

under the

International

Convention on

Economic, Social

and Culture Rights.

Chief Parliamentary

Draftsman

Legislature on

January 2010

session.

To help paupers

whose application

of execution was

granted.

To include a

provision in

regulation this can

favour paupers to

get their rights.

Minister of Lands,

Housing and

Human Settlement.

As soon as possible

under the power

conferred under

section 56 of Act

number 2/2002

35

REFERENCES

BOOKS

Court of Appeal (T) 2004, the History of Administration of Justice in Tanzania (1st Ed.)

Dare S – Salaam: Mathew Books Store and Stationers

Fimbo, G.M (2004), Land Law Reform in Tanzania, (1st Edn) Dar Es Salaam: University

Press Ltd.

Greenwood D.W. (1994) Technical Report Tanzania Land Policy Development

Project IDA Credit no. 2335

Mwalusanya, J.L, (Rtd Judge), (1988), the Judiciary in Tanzania, Dar es Salaam

Printpak (T) Ltd

MIMEO/UNPUBLISHED MATERIALS.

Katela, I. (2005) “The Effectiveness and Qualifications of Members of The

Ward Tribunals under the Land Disputes Courts Act No.2

Of 2002:” A Case Study of Muleba District Council (LLB)

Dissertation Degree University of Mzumbe

Makombe, I.A and A.I. Sikalumba, (2005): “The Roles of Ward

Tribunals in Enhancing the Administration

Of Justice in Tanzania”: The Case Of Selected

Ward Tribunals in Sumbawanga Urban, Rural Districts:

Re – Submitted To the Local Government Research

Cluster – Mzumbe University

36

OTHER MATERIALS.

United Republic of Tanzania: Ministry of Land and Human

Settlement Development (1995): National Land

Policy: Dare es Salaam: Surveys And Mapping.

Hadjivaanis, G (1995) Ardhi ni Uhai, Muhtasari wa Tume ya Rais Uchunguzi juu ya

Masuala ya Ardhi, Mkuki Na Nyota Publishers, Dar-es –Salaam

INTERNET MATERIALS.

Yusuf. K. L. (1997): “Justice Administration Outside the Ordinary Court of Law In

Mainland Tanzania:” The Case of Ward Tribunals in Babati

District: Boston University Http/Www/Africa. UFL.

Edu/Qsq/Vi/12/11.Hot.on 30/7/2008.

37

Appendix A-1

INTERVIEW GUIDE FOR CHAIRMEN 1. How long does it take for a District Land and Housing Tribunal in execution

process of a decree?

2. Which difficulties are involved at the execution stage?

3. What is the legal point on Disputes Courts’ Act number 2/2002 which hinders to

speed up the execution at the District Land and Housing Tribunal?

4. Are you accept qualification of the Tribunal Brokers?

5. Appeal shall not in any case a bar to the execution of decree or order of Tribunal.

What is your opinion about this provision?

6. What is opinion on Tribunal Brokers performance?

7. How times inspection and valuation of the performance of Tribunal Brokers

were done.

8. Are any Tribunal Brokers removed from executing the Tribunal orders or taken

Discipline Action?

9. The procedures of execution are uniform or differ from one station to another.

10. What are common problem which it has cause the orders of the Tribunal not

been executed?

Signature of interviewer______________________________________

38

Appendix A-2

INTERVIEW GUIDE FOR ADVOCATES 1. How frequent do you deal with issue of the land disputes especially

on District Land and Housing Tribunal?(frequent, not frequent or not all)

2. Which time span do District Land and Housing Tribunal on case at execution

stage?

3. Which key role Prayers are involved at the execution stage? 4. What is the legal point on Disputes Courts’ Act number 2/2002 which hinders to

speed up the execution at the District Land and Housing Tribunal?

5. Are you accept qualification of the Tribunal Brokers?

6. Appeal shall not in any case a bar to the execution of decree or order of Tribunal.

What is your opinion about this provision?

7. What is opinion on Tribunal Brokers performance?

8. The procedures of execution are uniform or differ from one station to another.

9. What are common problem which it has cause the orders of the Tribunal not been

executed?

10. What is the source of increasing of Land Disputes at kinondoni?

11. Representation of clients’ before District Land and Housing Tribunal it ends at

which stage?

Signature of interviewer______________________________________

39

Appendix B

QUESTIONNAIRE INVOLVED IN LAND DISPUTES ON EXECUTIO N

STAGE OF LITIGATION.

This questionnaire is designed to solicit information on the effectiveness of execution

of decree and orders of The District Land and Housing Tribunal in Tanzania

Mainland. This is purely an academic work conducted in partial fulfilment of award

of a credential degree in law. The information given will be kept strict confidential.

I.Sex/Gender

(a) Male [ ]

(b) Female [ ]

II.Marital status

(a) Married [ ]

(b) Separated [ ]

(c) Single [ ]

(d) Widow [ ]

III. Level of Education

(a) Primary School [ ]

(b) Secondary School [ ]

(c) Diploma(ord/adv) [ ]

(d) Degree/Masters [ ]

(e) PhD [ ]

VI.Are the established District Land and Housing Tribunal for settling land disputes

efficient in the administration of justice?

…………………………………………………………………………………………

…………………………………………………………………………………………

……………………………………………………………………………………

V.Are Tribunal Brokers perform their duty properly? if yes or not give

reason…………………………………………………………………………………

…………………………………………………………………………………………

40

VI. What difficulties litigants get on execution stage? (Give solution if

any)...................................................................................................................................

..........................................................................................................................................

..........................................................................................................................................

VII.What should be done to progressively improve the execution stage of litigation in

the District Land and Housing Tribunal?

…………………………………………………………………………………………

…………………………………………………………………………………………

…………………………………………………………………………………………

VIII.Do you agree that inadequacy of court brokers on execution of orders and decree

of Land Disputes in the District Land and Housing Tribunal? Yes [ ]

No [ ] explain

why...................................................................................................................................

..........................................................................................................................................

..........................................................................................................................................

.........................................................................................................................................

IX. Please tick your position;

Plaintiff [ ]

Defendant [ ]

Appellant [ ]

Respondent [ ]

Legal officer [ ]

Advocates [ ]

Magistrate [ ]

Judge [ ]

Name: ________________________________________________

Signature: _____________________________________________

Date; _______________________________________________

41

Appendix C

The land Disputes Courts (The District Land and Housing Tribunal) Regulations GN.

174/2003 _______________________________________________

Form No. 1

IN THE DISTRICT LAND AND HOUSING TRIBUNAL FOR …………………………………………………………………………… AT ……………………………………………………………………………. APPLICATION

No……………………………………………….………………….……….

APPLICATION 1. Name and Address of Applicant:………………………………….……….…. 2. Name and Address of the Respondent:………………………………………… 3. Location and Address of the Suit Premises/Land

………………………………….………………………………………… 4. Estimate value of the suit property………………………………………… 5. Where Arrears of Rent is an issue, state monthly rent

……………………….…………………………………………… 6. (a) Cause of Action/Brief statement of facts constituting the claim; …………………………………………………………………………………

…………………………………………………………………………………

………………………………………………………………………………… ………………………………………………………………..…………………

(b) List or Relevant documents to Annexed, if any. ……………………………………………………………………………….…

………………………………………………………………………………… …………………………………………………………………………………

42

………………………………………………………………………………… …………………………………………………………………………………

7. Reliefs claimed………………………………………………………..……… …………………………………………………………………………………

…………………………………………………………………………..……… …………………………………………………………………………………

………………………………………………………………………………… …………………………………………………………………………………

8. Verification 1: …………………………………………… being the Applicant/Advocate/

Representative in this case, hereby certify that what has been stated above is true to the best of my knowledge/information supplied to me by

……………………………………………………………….…………………

(Signed) ………………………

APPLICANT/REPRESENTATIVE/ADVOCATE FOR APPLICANT

9. Fees paid Tshs…………………ERV. No…………. Date……………………. 10. Presented for filing this…………………………… Day of ………………

__________________

Clerk of the Tribunal

43

Appendix D

The land Disputes Courts (The District Land and Housing Tribunal) Regulations GN.174/2003

_______________________________________________ Form No. 3

IN THE DISTRICT LAND AND HOUSING TRIBUNAL FOR ………………………………………………………………………………… AT ……………………………………………………………………………… MISC. APPLICATION No ………………………………… OF…………….……

………………………………………………………… APPLICANT

Versus

…………………………………………………………RESPONDENT

APPLICATION FOR EXECUTION 1. I, ……………………………………………………………………….. being

the decree holder in the above application, hereby apply for execution of the decree/order.

2. The decretal sum is Tshs. …………………………………….........................

…………………………………………………………………………………

3. The decree/order made the following other awards (which are not monetary) …………………………………………………………………………………

…………………………………………………………………………………

4. I apply for execution of the decree in the following mode/manner:- …………………………………………………………………………………

…………………………………………………………………………………

----------------------------- DECREE HOLDER

5. Fees paid Tshs………………………… ……….ERV No……………date……………

6. presented for filling this ………………. Day of ………200…………

______________________ TRIBUNAL CLERK.

44

Appendix E

THE UNITED REPUBLIC OF TANZANIA

IN THE DISTRICT LAND AND HOUSING TRIBUNAL FOR KINONDONI DISTRICT

AT MAGOMENI ________

LAND MISC APPLICATION NO. 115 OF 2008 BETTY MWANGA………….…...………..………..… DECREE HOLDER

VERSUS CHRISTOOPHER MWILIKA......……………… JUDGMENT DEBTOR

A T T A C H M E N T O R D E R

To V AUCTION MART KINONDONI TRIBUNAL BROKER WHEREAS the above judgment debtor has been ordered by the decree of this Tribunal dated 19th day of April, 2008 in the above suit to pay the decretal sum of Tshs.420,000/= as noted in the margin and;

Whereas the sum of Tshs. 701,680/= has not been paid. THESE ARE TO COMMAND YOU to attach the property of the said judgment. Debtor as set forth in the schedule hereto, or which shall be pointed to you by the said decree holder, and unless the said judgment debtor shall pay to you the sum of Tshs. 701,680/=. Together with Tshs. 78168/=. Costs of this attachment to hold the same until further order from this Tribunal.

YOU ARE FURTHER COMMANDED TO return this warrant on or before the 10th day of September, 2008 with an endorsement certifying the way and manner in which it has been executed or why it has not been executed. GIVEN under my hand and the seal of the Court this 26th day of August, 2008.

____________ CHAIRMAN

To attach the Judgment Debtor’s effect in order to recover the decrental amount.

Shs Cts 701,680/= = 78,168/=

=

Decretal amount ………………… Subsequently paid Balance Further interest & Costs Total due

779,848/=

=

45

Appendix F

Proclamation of Sale (Immoveable property) (0.21.r.66.)

UNITED REPUBLIC OF TANZANIA

In the District Land and Housing Tribunal

For: KINONDONI

At: MAGOMENI

Land Misc. Application 202 of 2006

HONEST SHIRIMA…….....…………………………… ………Decree holder

versus

JOSEPH YEO…………………………...….…………………... Judgment debtor

PROCLAMATION OF SALE

Notice is hereby given that an order has been passed by this Tribunal for the sale of the property mentioned in the schedule hereto in satisfaction of the claim of the decree- holders in the above suit, amounting with costs and interest up to the date of sale of the sum of Shs.

The sale will be by Public Auction and will be held

By V. AUCTION MART at MBEZI BEACH BAGAMOYO ROAD DAR

ES SALAAM on the 5th day of October, 2008 at 10.00.Am.

CONDITIONS OF SALE 1. The property will be put up in lots as specified in the schedule. 2. The sale may be postponed by the Tribunal. In the event of payment of the

judgment debt and costs in full prior to the knocking down of any lot the sale will be stopped.

3. No bid by or on behalf of the judgment-creditor will be accepted nor will any sale to him be valid without the express permission of the Tribunal previously given.

4. The Tribunal will not be answerable for any error, mis-statement of

omission in this Proclamation.

46

5. The amount of which the bidding are to be increased shall be determined by the officer conducting the sale. In the event of any dispute arising as to the amount bid, or as to the bidder, the lot shall at once be again put up to auction.

6. The highest bidder shall be declared to the purchaser of any lot, provided

always that he is legally qualified to bid, and provided that it shall be in the discretion of the Tribunal or officer holding the sale to decline acceptance of the highest bid when the price offered appears to clearly inadequate as to make it advisable to do so.

7. For reasons recorder, it shall be in the discretion of the officer conduction the

sale to adjoin it subject always to the provisions of the rule 69 of Order XXI

8. The price of each lot shall be paid at the time of sale or as soon thereafter as

the officer holding the sale directs, and in default of payment of property shall forthwith be again put up and re-sold.

Given under my hand and the seal of the Tribunal, this 30th day September, of 2008.

…………………………

Chairman

SCHEDULE

No. of lot

Description of Property

1. Banda at Kimara Baruti Kinondoni, Dar es Salaam

47

Appendix G THE UNITED REPUBLIC OF TANZANIA

MINISTRY OF LANDS AND HUMAN SETTLEMENTS DEVELOPMENT

DISTRICT LAND AND HOUSING TRIBUNAL FOR KINONDONI D ISTRICT AT KINONDONI

MISCELLANEOUS LAND APPLICATION NO………OF 2009

………………………………………………..APPLICANT

VERSUS

………………………………………………….RESPONDENT

CERTIFICATE OF SALE

(Under the Civil Procedure Order under Order xxi rule 92)

THIS IS TO CERTIFY THAT THE RIGHT OF OCCUPANCY COMP RISED IN

CERTIFICATE OF TITLE NO…………PLOT NO…………..BLOCK

…………..UNSURVEYED LAND SITUATED AT …………………………..HOUSE

NO…………..WAS SOLD BY PUBLIC AUCTION ON …………………………AT

…………………..PURSUANT TO AN ORDER OF THIS TRIBUNAL DATE D OF

……………2008 FOR THE SUM OF TSHS………………………..AND THE

SUCCESSFUL BIDDER WAS ………………..OF ………………..P.BOX

………………..KINONDONI DARE S SALAAM.

THE PURCHASE PRICE HAVING BEEN PAID IN FULL THE SAL E BECOMES

ABSOLUTE.

GIVEN UNDER MY HAND AND THE SEAL OF THIS TRIBUNAL T HIS

……….DAY OF…………..2008

-----------------------------

CHAIRMAN

48

Appendix H

THE UNITED REPUBLIC OF TANZANIA

IN THE DISTRICT LAND AND HOUSING TRIBUNAL

FOR KINONDONI DISTRICT AT MAGOMENI

________

LAND MISC. APPLICATION NO. 78 OF 2008

RONE MBILA…………………....…..……………DECREE HOLDER VERSUS

SALEHE KHAMIS…………..…..……………….JUDGEMENT DEBTOR

E V I C T I O N O R D E R To VUMILIA AUCTION MART

KINONDONI TRIBUNAL BROKER

WHEREAS the above named judgment debtor has been ordered by the decree of Kawe Ward Tribunal dated the 13th day of March, 2008 to vacate and handover possession of the premises describe in the schedule hereto, and whereas the said premises has not been vacated and handed over. YOU ARE HEREBY COMMANDED to remove the said judgment debtor/debtors and any person claiming or deriving title from through or under him from the said premises and put the decree holder in possession, and YOU ARE FURTHER COMMANDED to return to this court a report on or before 16th day of September, 2008 with an endorsement certifying the way and manner in which this order has been executed or why it has not been executed. GIVEN under my hand and the seal of this Court, this 3rd day of September, 2008.

____________ CHAIRMAN

SCHEDULE

To evict the Judgment debtor from the Decree Holder’s house and hand the premise to the owner. The house to be identified by the decree holder himself.

49

Appendix I

IN THE DISTRICT LAND AND HOUSING TRIBUNAL

FOR KINONDONI DISTRICT

AT MAGOMENI

________

LAND APPEAL NO. 202 OF 2007

SHANI OMARI WAGE………....………..…………………DECREE HOLDER VERSUS

FRANSIS NYARARA…………..…………………….JUDGEMENT DEBTOR

D E M O L I T I O N O R D E R To MAKO INVESTMENT CO. LTD TRIBUNAL BROKER

DAR ES SALAAM

WHEREAS the above named judgment debtor has been ordered by a decree of Bunju Ward Tribunal dated the 21st day of April, 2007 to forthwith remove or demolish the structures erected and hand over the possession of the Land described in the schedule hereto and whereas the s aid structures are not removed or demolished and possession of the said Land having not been handed over to the decree holder. YOU ARE HEREBY COMMANDED to remove or demolish the structures erected over the s aid Land and put the Decree Holder into the possession of the said Land, and YOU ARE FURTHER COMMANDED to return to this court a report on or before 3rd day of September, 2008 with an endorsement certifying the day on which this order has been executed or why it has not been executed. GIVEN under my hand and the seal of this Court, this 19th day of August, 2008.

____________ CHAIRMAN

SCHEDULE

To Demolition structure as directed by the Ward Tribunal House No. BNJ/BB/1367.

50

Appendix J

IN THE DISTRICT LAND AND HOUSING TRIBUNAL FOR KINONDONI DISTRICT

AT MAGOMENI ________

LAND MISC. APPLICATION NO. 123 OF 2008

SELEMANI SAID.……....……….……………………… Decree Holder

VERSUS FRANK MGESA………….…………………………..…Judgment Debtor

RESTORATION OF A BOUNDARY

To V. AUCTION MART

TRIBUNAL BROKER KINONDONI

WHEREAS the above named judgment debtor has been ordered by the decree of the Ward Tribunal dated the 8th day of March, 2008 to forthwith vacate and handover possession of the premises describe in the schedule hereto, and whereas the said premises has not been vacated and handed over. YOU ARE HEREBY COMMANDED to remove the said judgment debtor/debtors and any person claiming or deriving title form through or under him from the said premises and put the decree holder in possession, and YOU ARE FURTHER COMMANDED to return to this Tribunal a report on or before 16th day of September, 2008 with an endorsement certifying the way and the manner in which this order has been executed or why it has not been executed. GIVEN under my hand and the seal of this Court, this 3rd day of September, 2008.

____________ CHAIRMAN

SCHEDULE

To plant a permanent boundary by forcing the judgment debtor to retreat back ward

by 3.4. ft. The land/premises to be identified by the decree holder herself.

51

Appendix K

THE DISTRICT LAND AND HOUSING TRIBUNAL

FOR KINONDONI DISTRICT

AT MAGOMENI

________

LAND MISC APPLICATION NO. 111 OF 2006

LEONCE PETER……………………………....……………Decree Holder

VERSUS

MWATUMU MALALE..…...……………………….….Judgment Debtor

EASEMENT ORDER

This application for execution coming before Hon .R. L. David District Land and

Housing Chairman for Kinondoni District for order of an easement in the presence of

the decree holder.

THE TRIBUNAL DOTH HEREBY ORDER THAT.

The respondent is hereby ordered to leave 7 metres width to use as a road to the

western side of his plot (parallel to the river) so that the respondent and his family

may have an acress to the main road.

BY ORDER

GIVEN under my hand and seal of this Tribunal this 5th October, 2008

……………………………..

R.L.DAVID

CHAIRMAN

52

53

54

55

56