Resolving land disputes through alternative dispute resolution (ADR). An overview of Tanzania's legal framework

Resolving land disputes through alternative dispute resolution (ADR). An overview of Tanzania's legal framework
Author :
Publisher : GRIN Verlag
Total Pages : 71
Release :
ISBN-10 : 9783668447011
ISBN-13 : 3668447012
Rating : 4/5 (11 Downloads)

Book Synopsis Resolving land disputes through alternative dispute resolution (ADR). An overview of Tanzania's legal framework by : Burhani Kishenyi

Download or read book Resolving land disputes through alternative dispute resolution (ADR). An overview of Tanzania's legal framework written by Burhani Kishenyi and published by GRIN Verlag. This book was released on 2017-05-15 with total page 71 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2017 in the subject Law - Comparative Legal Systems, Comparative Law, , course: Master of Laws in Mediation and Arbitration, language: English, abstract: Upon reform of land laws in 1999 following the National Land Policy of 1995 the new system for adjudication on land disputes aimed at adopting a procedure which is not tied to legal technicalities and that which is not strictly bound by rules of practice or procedure but which aims at delivering substantial justice. That’s why land laws embody some forms of ADR. The main purpose of this study was therefore to examine the effectiveness of ADR legal framework in Tanzania and how useful it is in resolving land disputes. ADR processes currently in use in Tanzania are critically examined and their shortcomings reviewed. The legal framework for ADR and the role they play in providing the supporting structure for land dispute resolution are evaluated. Future prospects for ADR are indicated and recommendations for successful implementation of ADR in resolving land disputes are given. The study has revealed that despite the specialized court system for land disputes settlement there is no distinct legal regime for use of ADR at all levels of land dispute settlement machinery. The only method of ADR in use at the High Court level is mediation through court annexed mediation like in any other civil cases though there are no procedural Rules guiding the same. Negotiation is rarely used where parties to the dispute opt to resolve the matter out of court and then file a deed of settlement in court.


Resolving land disputes through alternative dispute resolution (ADR). An overview of Tanzania's legal framework Related Books

Resolving land disputes through alternative dispute resolution (ADR). An overview of Tanzania's legal framework
Language: en
Pages: 71
Authors: Burhani Kishenyi
Categories: Law
Type: BOOK - Published: 2017-05-15 - Publisher: GRIN Verlag

DOWNLOAD EBOOK

Master's Thesis from the year 2017 in the subject Law - Comparative Legal Systems, Comparative Law, , course: Master of Laws in Mediation and Arbitration, langu
Alternative Dispute Resolution in Tanzania
Language: en
Pages: 226
Authors: Mashamba, Clement J.
Categories: Law
Type: BOOK - Published: 2014-09-01 - Publisher: Mkuki na Nyota Publishers

DOWNLOAD EBOOK

Today, Alternative Dispute Resolution (ADR) has gained international recognition and is widely used to complement the conventional methods of resolving disputes
Alternative Disputes Resolution in Tanzania. Modes and Challenges
Language: en
Pages: 40
Authors: Datius Didace
Categories: Law
Type: BOOK - Published: 2022-09-02 - Publisher: GRIN Verlag

DOWNLOAD EBOOK

Academic Paper from the year 2022 in the subject Law - Public Law / Miscellaneous, grade: 1, Mzumbe University (FACULTY OF LAW), language: English, abstract: Th
Alternative Dispute Resolution and Peace-building in Africa
Language: en
Pages: 265
Authors: Ernest E. Uwazie
Categories: Political Science
Type: BOOK - Published: 2014-06-26 - Publisher: Cambridge Scholars Publishing

DOWNLOAD EBOOK

Conflicts in Africa have a great deal in common, and striking parallels can be drawn between them at all levels. Dynamics affecting the most complex war-time co
Prospects in International Investment Law and Policy
Language: en
Pages: 495
Authors: Roberto Echandi
Categories: Law
Type: BOOK - Published: 2013-04-18 - Publisher: Cambridge University Press

DOWNLOAD EBOOK

Addresses the most central debates in contemporary investment law and policy.