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The concept of breach of contract in law

Question

Ann wanted to purchase a gift for her boyfriend, Ben. Ann and Ben went to Ritz Jewelry to select the gift. Charles, the store manager, assisted them. Ann explained to Charles that she wanted to purchase a gift for Ben, and that Ben could select whatever he wanted. Ben chose a large gold chain costing $2,400.

Ann and Ritz executed a written installment sales contract which identified the chain as “solid 18K gold,” stated the purchase price of $2,400 which was to be paid by Ann in twenty-four equal monthly payments, and stated that the contract was not assignable.

Ben wore the gold chain proudly, but the relationship with Ann ended a few months later. When the two parted, Ann made it clear that Ben could keep the gold chain. Ben subsequently took the chain to another jeweler for cleaning and then discovered that the chain was not solid gold after all, but rather was gold plated and the thin gold plating was wearing off the chain. Ben decided to make a claim directly against Ritz for misrepresenting the chain’s quality, without involving Ann.

When Ben made the claim against Ritz, Ritz informed Ben that Ritz had assigned the contract and its right to receive payments from Ann to CreditCo, a finance company. Ritz had previously notified Ann of the assignment. Ann had paid six of the twenty-four payments due under the installment sales contract. However, when Ann learned that the gold chain was not solid 18K gold as represented, she stopped making any more payments to CreditCo.

Can Ben prevail in a breach of contract action against Ritz? Discuss.
Is the assignment by Ritz to CreditCo effective? Discuss.
Can CreditCo prevail in a breach of contract action against Ann? Discuss.
Can Ben prevail in a breach of contract action against Ritz?

Answer

Answered by: Jason Temmy

University: Makerere university

Programme: Bachelor of Laws
Year : III

Contact: Jasontemy1@gmail.com

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Here Ben and Ritz are not in priivity of contact. To determine if Ben has a right [to] enforce the written contract made by Ritz and Ann, it must first be determined if Ann and Ritz hand an enforceable contract.

UCC

Under contract law the UCC governs contracts for the sale of goods. Goods are movable things at the time of identification to the contract for sale. Here, the Ann/Ritz contract involved a sale of a chain which is a good, because of being moved from location to location.

The UCC governs.

Merchants

A merchant is one who regularly deals in the goods.

Here, Ritz is a merchant because the deal is chains. Ann is not a merchant because she is a one time buyer.

Therefore, Ritz is a merchant and will be held to a higher standard of good faith and fair dealing.

Valid Contract

A valid [contract] consists of an offer, acceptance and consideration.

Offer

An outward manifestation of present contractual intent, requiring definite, and certain terms, which are committed to the offeree. Here Ann and Ritz executed a written sales contact, thus manifesting their present contractual intent to be bound to a sale of a chain. Under the UCC, the only term received is quantity. The terms state 1 golden chain. Thus, the terms were definite. The fact that both parties signed the contract shows the terms were communicated.

Acceptance

An unequivocal assent to the terms of the offer. The parties executed a written contract, thus removing any issues of acceptance.

Consideration

That which is bargained for, and given in exchange, for a return promise, requiring benefit or detriment.

The parties exchange a chain for money.

Valid consideration exists.

A valid contact exists. Does it raise rights in Ben?

Third Party Beneficiary

A third party beneficiary contract is one wherein performance by a promissor will benefit a third party. Ann and Ritz’s contract was entered into with the intent to benefit Ben.

Generally, only those in privity of contract can sue; there is an exception for the third party beneficiaries. (Lawrence v. Fox). When Ann entered into the contract with Ritz, she told Charles the Store Manager that “she wanted to purchase a gift for Ben.” Therefore, Ann displayed an intent to benefit Ben. Additionally, performance was to run directly to Ben from Ritz (promissor). Because Ann was bestowing a benefit on Ben, he will be classified as a donee third party beneficiary; or intended third party beneficiary under the second restatement.

Under the second restatement, vesting takes place when a third party gets notice of and assents to the promise, materially changes her position in justified reliance on the promise, or brings suit to enforce the contract. Here, not only did Ben assent to the contract, but he brought suit to enforce it: “Ben decided to make a claim directly against Ritz.”

As a third party beneficiary Ben can enforce the Ann/Ritz contract, and may prevail in a breach of contract action against Ritz if Charles made a misrepresentation.

Misrepresentation

A misrepresentation of material fact which induces another to enter into a contract.

Charles stated that the chain was “solid 18K gold.” The chain was only “thin plated gold.” This was a misrepresentation because it was a false assertion of fact. It was a material fact because a reasonable person would care about it in connection with the transaction.

The fact that it was gold induced the parties to enter into the contract. Therefore, Ben may succeed against Ritz.

2. Is the assignment by Ritz to CreditCo effective?

Assignment

An assignment occurs when a party to an existing contract transfers their rights under the contract. Contract favors the free assignability of contract rights. Therefore rights are assignable unless they are too personal or prohibited by contracts. The assignment of monies is not too personal. Ann will claim that the assignment was prohibited by contract. However, generally an anti-assignment clause only destroys the right to assign, not the power. To destroy the power, the contract language would have to say: “All assignments are null and void.” This language is not present. Thus the assignment is effective.

Can CreditCo prevail in a breach of contract action against Ann?

As discussed supra, the assignment was effective. The effect of a valid assignment is that the assignee (CreditCo) steps into the shoes of the assignor (Ritz), and enjoys all rights to enforcement. However, the obligor (Ann) may assert any defenses against the assignee that she could assert against the assignor. As discussed supra, Charles made a misrepresentation on behalf of Ritz. Additionally, Ritz is responsible for Charles’ express warranty – “solid 18K gold.” The chain was not in fact solid gold. As such, Ann may raise both these defenses to formation against CreditCo. Both the misrepresentation and breach of express warranty gives Ann the power to void the contract.Therefore CreditCo will not prevail in a breach of contract action against Ann.

Answer

1. Can Ben prevail in a breach of contact action against Ritz?

Applicable law that applies here is the UCC since it deals with goods, here being a gold chain.

Status of the Parties:

Ritz Jewelers deals in jewelry and goods the kind and as such are/is a merchant. Ben is the bearer of a gift, gold chain. He is not a merchant.

In order to establish that a breach of contract has occurred, it is necessary to determine that a contact has been formed. Here we are told that Ann executed a written installment sales contract for a gold chain w a purchase price of $2,400. Since the facts make it clear that a written agreement was executed, mutual assent, offer, acceptance, and consideration are in order. There are no formation issues in the contract between Ann and Ritz.

Status of Ben

3^rd Party Beneficiary

A 3^rd party beneficiary is one who receives benefits of a contractual agreement as long as certain requirements are met.

1) They have to be named at the time of the agreement.

2) Benefit was directly to the party identified.

3) The relationship or reason for the benefit is apparent to both contractual parties. A 3^rdparty beneficiary rights vest once they learn of the benefit and assent to it. Here, Ben goes into the store with Ann. Ann explains to Charles that the purchase was a gift for Ben, thus identifying him at the time of the agreement. Ben selected the gold chain and wore it. The relationship between Ben and Ann was apparent, as she explained that it was a gift. Since there was no consideration given to Ann by Ben for the chain and the relationship between them is of boyfriend and girlfriend he is deemed a 3^rd party donee beneficiary and his rights under the contract between Ann and Ritz vested once he assented to the chain.

Express Warranty (breach)

An express warranty is one which a merchant makes that is either a description of the goods, affirmation of fact regarding the goods, promise to repair the goods if broken, or an exhibition or model of what the good will look like. Here, Charles, a manager for Ritz, assisted in the purchase of the chain. The contract identified the chain as being solid 18K gold. Ben found out from another jeweler that it wasn’t as described in the contract. Ritz has breached an express warranty and by their nature express warranties cannot be disclaimed. Based on Ben’s status as of a 3PB he will prevail in a breach of contract action against Ritz.

[2. Assignment by Ritz to CreditCo. effective?

Assignment of rights to a contract are prohibited in three situations:

1) The contract states as such that it can’t be assigned.

2) The law prohibits the type of assignment.

3) The assignment changes the performance or the performance is too personal to be completed by another party.

Here the facts don’t indicate that the assignment was prohibited or that personal performance would prevent the assignment. The only arguable point is the clause in the contract stating that the contract was not assignable. According to the law this type of statement doesn’t prevent the right to assign the contract; it only takes away the privilege. Parties are still able to assign interest rights but are held liable for the damages that may result of the assignment. Furthermore, the facts state that Ann implied assent by continuing to pay the monthly installment after notification. She only stopped payment after the breach of express warranty. She did not stop payment after learning of the assignment.

3. Can CreditCo prevail on a breach of contract against Ann?

Assignment of rights along with delegation of duty passes along with the entire contract once the assignment is made. Here Ritz became the assignor by assigning its rights under the contract to CreditCo; CreditCo in turn became the assignee. Ann is still deemed to be the obligor under the original contract and regardless of her relationship with Ben. She purchased the chain as the primary party to answer for the cost. The chain was a gift to a 3PB, Ben. Ann still owes the remainder of her installments to CreditCo as a result of the assignment.

Breach of Warranty (express)

Defined supra.

Here, Ann can claim that as a result of the chain not complying with the express warranty she is entitled to stop payment. The failure of the express warranty can be considered a breach by CreditCo, not Ann, since as the assignee of the contract CreditCo must effectively stand in the shoes of Ritz. Here because of the breach of warranty π is Ann, who can claim that the breach did not occur on her side of the contract; rather, it was the opposite end. If the assignment of the rights of the contract between CreditCo and Ritz was for consideration then CreditCo’s better chance of recovery is against Ritz, not Ann.

Principles of subrogation

LEGUSC insurance , law

SUBROGATION

Subrogation is an insurance principle that closely related with the principle of indemnity. It seeks to prevent insurer from profiting from the insurance contract. Consequently, the amount that the insurer can recover against the offending party is limited to the amount it has actually paid to its insured. It is the legal effect of the payment of claim by the insurer. Upon payment of the claim, the insurer assumes all the legal rights and remedies available to the insured against any and all parties liable for the loss. The cause of the loss or injury must be a risk covered by the policy to entitle the insurer to subrogation. (New Civil Code, Article 2207)

Principle of subrogation.

It is the legal effect of the payment of claim by the insurer. Consequently, There is no need for a written assignment of rights in order to enforce one's right of subrogation. However, the Supreme Court stated that the signing of a Loss and Subrogation Receipt was a valid pre-condition before the insurer could be compelled to turn over the whole amount of the insurance to the insured. (Rizal Surety & Insurance Company vs. CA, 261 SCRA 69)

The insurer can only recover from the offending party up to the amount it had paid to the insured. The insured can no longer recover from the offending party what was paid to him by the insured. However, the insured can still recover for the deficiency if the actual damages were more than what the insurer paid. (Aquino, Timoteo and Sundiang, Jose, Reviewer on Commercial Law. 2003 Edition, 52.)

Enumeration of cases when there is no right of subrogation

They are as follows:

When the insurer pay the insured for a loss not covered by the policy.(Sveriges Angfartygs Assurans Forening vs Qua Chee Gan, 21 SCRA 12 [1959]),
The insurer by his own act releases the wrongdoer. (Pan Malayan Insurance Co. vs. Court of Appeals, 184 SCRA 54 [1990])

Credit: The work prepared by scholastic saidy contributor of legusc and a student at Moshi cooperative university (Mocu)

REFERENCES

Cases

1. Rizal Surety & Insurance Company vs. CA, 261 SCRA 69)

2. Sveriges Angfartygs Assurans Forening vs Qua Chee Gan, 21 SCRA 12 [1959

3.Pan Malayan Insurance Co. vs. Court of Appeals, 184 SCRA 54 [1990

Book

1. Aquino, Timoteo and Sundiang, Jose, Reviewer on Commercial Law. 2003 Edition, 52

Theories of state and law

LEGUSC constitution , law

There have been several attempts by various scholars and philosophers on the origin of state and law, however, only two of them have received the world’s attention and recognition. These broad theories are Idealist theory and Materialist theory.

Idealist Theory.

Scholars who believe that the source and origin of everything is God propound idealist theory. They believe that all material beings originate from a transcendental being that is God. They contend further that since God is the source of all material beings, he is, by the same token, the prime mover of such material beings. Therefore they argue that God is the sole determinant of all phenomena including law and state, which he gives once and for all. Thus according to this theory state and law are God given and for that matter they are eternal categories, which are over and above man and society generally. To them Kings and rulers are representatives of God in the world with the assignment to rule by divine right. It is therefore a must for man to obey God fully. Founders of this theory include John Locke and Thomas Hobbes, these and many others connect state and law with God.

Materialist Theory.

Unlike Idealist theory, materialist theory contends that to understand the origin of state and law it is important to study the historical and dialectical development of the two phenomena. They therefore argue that the two are social institutions, in which their origin is to be traced through modes of production at each particular stage of human development. To them, state and law came into being at a particular stage of human development. They argue that state was not in existence at the primitive communalism because at this time man lived a very low and primitive life due to low level of development. They are of the view that state and law originated at the time when man was highly developed economically, socially and technologically, where man was able to produce surplus. At that time when man had improved means of production. They conclude by saying that state and law emerged when there was tremendous improvement in the productive forces, production relations and social relations which in turn guaranteed division of labour, production of surplus, and class formation in society.

Advantages and disadvantages of direct and circumstantial evidence

LEGUSC evidence , law

There are two types of evidence which you may use to determine the facts of a case: direct evidence and circumstantial evidence. You have direct evidence where a witness testifies directly about the fact that is to be proved, based on what he claims to have seen or heard or felt with his own senses, and the only question is whether you believe the witness. You have circumstantial evidence where the witness cannot testify directly about the fact that is to be proved, but you are presented with evidence of other facts and you are then asked to draw reasonable inferences from them about the fact which is to be proved.

Optional example:

Let me give you an example. Your daughter mighttell you one morning that she sees the mailman at your mailbox. That is direct evidence that the mailman has been to your house. On the other hand, she might tell you only that she sees mail in the mailbox. That is circumstantial evidence that the mailman has been there; no one has seen him, but you can reasonably infer that he has been there since there is mail in the box The law allows either type of proof in a criminal trial.

There are two things to keep in mind about circumstantial evidence:

The first one is that you may draw inferences and conclusions only from facts that have been proved to you.

2. The second rule is that any inferences or conclusions which you draw must be reasonable and natural, based on your common sense and experience of life.

In a chain of circumstantial evidence, it is not required that every one of your inferences and conclusions be inevitable, but it is required that each of them be reasonable, that they all be consistent with one another, and that together they establish the defendant’s guilt beyond a reasonable doubt. If the Commonwealth’s case is based solely on circumstantial evidence, you may find the defendant guilty only if those circumstances are conclusive enough to leave you with a moral certainty, a clear and settled belief, that the defendant is guilty and that there is no other reasonable explanation of the facts as proven. The evidence must not only be consistent with the defendant’s guilt, it must be inconsistent with his (her) innocence.

The advantage of direct evidence is that, if it is accurate, It deals directly and specifically with the fact to be proved. Its disadvantage is that its value depends entirely on whether that witness is truthful and accurate or whether that item of physical evidence is authentic.

Circumstantial evidence, whether it is in the form of testimony or physical evidence may have an advantage because it comes from several different sources, which can be used as a check on each other. Its disadvantage is that it is indirect: you must piece it all together and then determine whether or not it leads to a reasonable conclusion about the fact which is to be proved.

BRIEFLY NOTE:

Subsidiary facts need not be proved beyond reasonable doubt. The defendant is not entitled to an instruction that the jury may draw an inference only if the Commonwealth has proved beyond a reasonable doubt the subsidiary facts on which it rests. Commonwealth v. Lawrence, 404 Mass. 378, 394, 536 N.E.2d 571, 581 (1989).

Subsidiary inferences need not be proved beyond reasonable doubt. There is no requirement that every inference must be proved beyond a reasonable doubt. Commonwealth v. Ruggerio, 32 Mass. App. Ct. 964, 966, 592 N.E.2d 753, 755 (1992); Commonwealth v. Azar, 32 Mass. App. Ct. 290, 309, 588 N.E.2d 1352, 1364 (1992). It appears that Commonwealth v. Niziolek, 380 Mass. 513, 522, 404 N.E.2d 643, 648 (1980), habeas corpus denied sub nom. Niziolek v. Ashe, 694 F.2d 282 (1st Cir. 1982), entitles the defense to an instruction that the jury may not draw an inference unless they are persuaded of the truth of the inference beyond a reasonable doubt only in the case of an inference that directly establishes an element of the crime, and not to subsidiary inferences in the chain of reasoning.

“Two possible inferences.” If the judge correctly charges on reasonable doubt and the burden of proof, the judge is not required to charge on request that if the evidence is susceptible of two reasonable interpretations, the jury must adopt that favoring the defendant. Commonwealth v. Rhoades, 379 Mass. 810, 822, 401 N.E.2d 342, 349-350 (1980). Such a charge might be open to objection that it suggests that the Commonwealth could prevail on a standard less than proof beyond a reasonable doubt. See Id., 379 Mass. at 822 n.11, 401 N.E.2d at 350 n.11. Where the judge correctly charges on reasonable doubt, the judge is not required to charge on request that if the evidence sustains either of two inconsistent propositions, neither has been established. Commonwealth v. Basch, 386 Mass. 620, 625-626, 437 N.E.2d 200, 205 (1982).

Credit

The work was an answer for class assignment, done by Saidy Kassim. A student at Moshi Cooperative University

Does the women have the rights to own land?

LEGUSC constitution , land

Both the Constitution and a number of written laws in Tanzania recognize women’s equal rights to property and the relevant laws include: The Law of Marriage Act of 1971, the Land Act of 199, the Village Land Act of 1999, the national land policy, and the Mortgage Financing (Special Provisions) Act of 2008 (amending the Land Act of 1999 to require additional safeguards for spouses in the mortgage context).

Women land rights as per Tanzania Constitution of 1977.

Women’s social economic and political rights are provided for and secured within the united republic of Tanzania constitution of 1971, which is the basis of all the citizens’ rights. The constitution of 1977, thus clearly spells out women rights by first prohibiting discrimination on whatsoever ground and emphasizes equality of all persons.

Article 12, states that; all human beings are born free and are all equal, Article 13(i), all people are equal before the law and are entitled without discrimination to protection and equality before the law. Article 24(1), is explicit that every person is entitled to own property. The article further states that any deprivation of a person’s property is unlawful unless declared by law which makes provision for fair and adequate compensation. Land is a property that every citizen is entitled and therefore women as citizens are entitled to this right. Article 29(3) ensures that no citizen shall have a right, status or special position on basis of lineage, tradition or descent.

Women land right as per Law of marriage Act of 1971.

The Law of Marriage Act of 1971 provides that married women have the right to acquire, hold and dispose of property, movable or immovable, during the course of the marriage, and the right to distribution of property earned jointly when the relationship is dissolved as far as section 56-58 of the said law is concerned. Property and other matrimonial assets that a woman has acquired individually belong to her. When there are two or more wives, they have equal rights and liabilities as spouses as per sections 56-63.

Women land right as per National Land Policy of 1999.

The National land policy of 1999, covers a wide range of issues relating to women’s equal right to own land. One of its objectives is to promote an equitable distribution of, and access by all citizens to land. Paragraph 4:2:5 recognize the existing problems relating to land. It states ‘Under customary law, women generally have inferior land rights relative to men and their access to land is indirect and insecure’ Paragraph 4:2:6 continues to state further that in order to enhance and guarantee women’s access to land and security of tenure, ‘women will be entitled to acquire land in their own right not only through purchase but also through allocation’.

Women land rights as per Village Land Act No. 5 of 1999.

Section 3(1 and 2) of the village land act clearly states and recognizes equal rights for men and women to access, own, control and disposition of land under the same terms and conditions. Section 20(2) protects women against discriminatory customs and traditions which restrict their lawful access to ownership, occupation and use of land.

Section 23(2)(c) and section 57(3) accords equal treatment of women in the application of customary right of occupancy by both the village land council and the adjudication committee, Section 22(1) grants women to acquire land after divorce.

Village Land Act establishes organs for dispute resolution that run from the village level to appellate court level. Women participation in village and ward level machineries is made mandatory. Section 60 of the village land Act and the land disputes (courts) act of 2002 require that out of 7 members of the village land council should not be less than 3 and out of 5 to 8 members of WT women should not be less than 3 as well.

Women land rights in Land Act no. 4 of 1999.

The 1999 legislation adequately provides for a bunch of rights for women to access, own, and control land as equal as men. It also provides for the right to participate in decision making organs regarding land matters. They also provide for women right to dispose land and properties therein.

Section 3(2) of Land Act states that ‘The right of every woman to acquire, hold, use and deal with land shall, to the same extent and subject to the same restrictions be treated as a right of any man.

Section 108(1) (h) (iii) of the Land Act protects women by requiring the court to have regard to women in considering whether to grant an order for determination of a lease or relief against such. Section 112 of the land Act provides for the power of an occupier of land in creating mortgages. Sub-section 3 requires the consent of all the spouses before a matrimonial home is subjected to Mortgage.

Section 113(3) empowers the dependent of a borrower whose land is likely to be permanently deprived to apply to court on the ground that its terms were of disadvantageous to him or her. And in considering that the court is obliged to have regarded to gender as well, also part X and Part xvii, allows women to own or occupy land jointly or in common with other persons.

Under joint occupancy, the law protects women as it provides that where the land as whole is occupied jointly under a right of occupancy, no occupier is entitled to any separate share in land, not even a transfer to an outsider unless there is a consent between the two occupiers. It is important to note that this is created mostly between spouses as per section 159(1), (8).

Under the occupation in common, women are protected in that each occupier is entitled to an undivided share in the whole. Any disposal of land here requires consent as well. Spouses may be presumed to occupy land in common as per Section 160(1) of the Land Act.

Section 161(3) (b) of the Act the law requires that before any transfer or assignment is affected it is the duty of the assignee or the transferee to make inquiries as to the consent of the spouses as per Section 59 of the law of marriage.

Despite all those legal provisions that guarantee women access to land, ownership and protection of their rights to land, the situation on the ground is proving otherwise as many women are still discriminated upon and denied their rights to land, for instance, Most women have access to land through their spouses or male relatives but do not own on their own, unmarried daughters, widows and divorced women have been a subject of stigmatization, discrimination and harassment by their male relatives in different ways.

Meaning and nature of the law

LEGUSC law , legal method

For years now Philosophers and other social thinkers have been making attempts to explain what it means by the term law. However, it seems the clear definition of law has been difficult to be obtained; there has not been uniformity in the definition of law. Probably that has been so due to the fact that law, like other social phenomena, is traced by different approaches. Despite the fact that there have been various approaches on the meaning of law that does not bar us from taking a stand somewhere on the meaning and the nature of law. In this part various definitions of law as given by different philosophers will be discussed. The discussion will look at law as those rules, which we have to obey and, if we do not obey them, we can be taken to court and get punished for breaking the law.

Sir John Salmond defines law to mean the body of principles recognized and applied by the state in the administration of justice. He argues that law entails rules recognized and acted on by courts of justice. To Salmond law are the rules enforced by the state. Is it a satisfactory definition?

John Austin says law is a rule of conduct imposed and enforced by the sovereign. To him law is a command of ats fundamental interests. Law, therefore, express the will of the economically and politically dominant classes. It assumes the form of state will by virtue of the politically dominant class because, above all, it dominates, the state. Since the state is an institution of political power, law is always a political phenomenon.

Nature of Law

Law is differentiated form other social norms that regulate human behaviour by its unique nature of normativity. Normativity of law means that the members of society are bound to behave in accordance with the law. People are bound to live in accordance with the law and not in accordance with their interests and wishes. Law has always been binding. Generally, normative nature of law is seen in three scenarios:

Law as permissive rules. Law as prohibitiv rules and Law as directive rules

Therefore, law regulates human behaviour through any of the above ways.

Functions of Law

Law in any given jurisdiction has its own roles and functions. Through these functions the need and demand of any society to have the law are met. It is out of the need for well-governed society, the need to have a well-organized public power, the demand for peaceful society and the desire to have a system that governs and regulate individuals in societies. Therefore, all these needs attracted the emergence of law in societies and thus, laws that are set or enacted must fulfill these demands. Therefore the following are the major functions of law:

Law has a role to structure public power. With this function law expresses or establish public power (the state). Law also structure and controls the exercise of power. It is the law that puts in place the organs of the public power and set the limits on the same. Law plays the role of recognizing basic human rights and set the duties of the people in societies they live. Therefore, by meeting this important role, law structures the public powers for the benefit and good of both classes in the societies mainly, the ruling class and the ruled.

Law facilitates and regulates private relations. With the advancement of technology and improvements in modes of productions there have been tremendous changes in socio-economic relations among individuals. Conducive environment that would make the new socio-economic relations operate was a must, and that environment was to be laid down by rules and laws that would attract for example fair contractual relations, or property ownership relations. In these we get law of contract and law of property etc.

The other function of law and which is well known to many is to solve disputes or conflicts between and among members of society. In any living and growing society where members of that particular society interact in day-to-day activities, conflicts are inevitable. Therefore, it is for the law to resolve these emerging conflicts and restore the status quo in society. Through this role peace is restored and make people focus on production activities and the living peaceful. This is done by the state through law to set institutions like courts of law and other bodies to resolve disputes.

Law compared with other social norms

Law is not the only social norm that regulates the social behaviour of the people in society; there are other social norms like, rules of morality, customs and organizational rules. The differences between law and other norms are:

Law is created by the state, either by being enacted by a law making body or by being formulated by certain organs like courts and members of the executive when practicing delegated functions.

Law attracts state interests, therefore can be or is enforced by means of exercising state power.

Divisions of Law

Commonly, law is classified into three categories that are:

• Criminal Law and Civil Law

• Public Law and Private Law

• Substantive Law and Procedural Law

• Criminal Law and Civil Law

These are the well-known divisions of law to many people including laymen. Criminal law is that class of law that attracts the interests of the state/public and therefore deals with relationship between the state and individuals. It deals with crimes and punishments. In criminal cases the suspect of a crime is called the accused and those who allege suspicion towards the accused are called prosecutors. When the case is determined the accused is either found guilty or not guilty and if guilty he is convicted and sentenced accordingly.

Civil law is the class of law that regulates the relationships of individuals to which the state has no interest at all and is not directly involved. The state only provides institutions and framework for the resolution of private disputes. In civil cases the person who sues is called the plaintiff and the person who is sued is called defendant. Normally punishment in a civil suit is compensation when the court finds that the lawsuit is justifiable.

Public Law and Private Law

Public law is that branch of law that deals with the relationship between the state and the individual. It also provides for how public power is to be exercised, by whom and by what limits. Public law comprises transcendental being that is God. They contend further that since God is the source of all material beings, he is, by the same token, the prime mover of such material beings. Therefore they argue that God is the sole determinant of all phenomena including law and state, which he gives once and for all. Thus according to this theory state and law are God given and for that matter they are eternal categories, which are over and above man and society generally. To them Kings and rulers are representatives of God in the world with the assignment to rule by divine right. It is therefore a must for man to obey God fully. Founders of this theory include John Locke and Thomas Hobbes, these and many others connect state and law with God.

Materialist Theory.

THE IMPLEMENTATION OF LAND POLICY IN TANZANIA

LEGUSC land , law

INTRODUCTION

1.1 MEANING OF LAND POLICY

Land policy can be defined as framework that aims to achieve certain objectives which will ensure the security and distribution of land rights, land use and land management at large, it also aims to increase access to land by majority in the community given through clear forms of tenure under which it is held[1].

1.2 BRIEF HISTORY OF LAND POLICY

Since Tanzania attained its political independence in 1961, it has been realized that there was a need to develop a coherent and comprehensive land policy that would define the land tenure and enable proper management and allocation of land in the urban and rural areas and provide a clear position on customary land tenure in the light of profound economic and social reforms that have been undertaken in the last 34 years[2].

The National Land Policy wasadopted by the cabinet and was presented to Parliament in 1995. The policy had gone through a long gestation period, which involved numerous policy drafts, a Presidential Commission of Inquiry, a number of commissioned studies bydomestic and international experts and aNational Workshop. Some controversy surrounded the adoption of the Policy, as it ignored much of the recommendations put forward by the Presidential Commission[3].

Thus a new land policy was needed among other things to: Accommodate changes in land use and increase in human population; Controllarge stock population which increases demand for grazing land and creates serious land degradation; Protect the environment from extension of cultivation to marginal areas; Reduce conflicts in land use between agriculturalists, livestock keepers, forest areas, wildlife areas, water sources and miners; Provide for increased urbanization requiring lands for settlements, industries and commerce and preserve valuable agriculture land; Facilitate prospective investors who require land as a result of liberalization of the economy and investment promotion[4].

2.0 MAINBODY

2.1 THE IMPLEMENTATION OF NATIONAL LAND POLICY UNDER THE LAND ACTS

The fundamental principles of the new national land policy have been incorporated and implemented in the new land laws that is the Land Act No.4 of 1999 and Village Land Act No.5 of 1999 passed by Parliament in 1999 as follows:-

2.1.1 LAND POLICY ON WOMEN ACCESS TO LAND (Paragraph4.2.19, 4.2.20 & 4.2.6)

The National land policy of 1995, covers a wide range of issues relating to women's equal right to own land. One of its objectives is to promote an equitable distribution of, and access by all citizens to land.

Paragraph 4.2.19 and 4.2.20 of the policy[5], recognize the existing problems relating to land. It states 'Under customary law, women generally have inferior land rights relative to men and their access to land is indirect and insecure'.

Paragraph 4:2:6 of the policy[6], continues to state further that in order to enhance and guarantee women's access to land and security of tenure, 'women will be entitled to acquire land in their own right not only through purchase but also through allocation'.

2.1.2 THE LAND POLICY ON WOMEN ACCESS TO LAND AS INCORPORATED IN LAND ACT & VILLAGE LAND ACT.

In order to insure that women enjoy the same rights over land as men the women land rights, the village Land Act and Land Act has incorporated the provisions of land policy and thus set out women land rights as follows;-

Section 3(2) of Village Land Act[7], states that,`` the right of every woman to acquire, hold, use and deal with land shall, to the same extent and subject to the same restrictions be treated as a right of any man". The provision clearly states and recognizes equal rights for both men and women to access and dispose off the land under the same terms and conditions.

In the case of Bi,Mwana Amina Mukubali v. SeverineShumbusho[8],The court had this to say, it is clear that traditional customs has outlined its usefulness, the age of discrimination based on sex is long gone for the world, it is now in the stage of full equality of all human being in irrespective of their sex, creed, race or color. On ground of natural and equality, daughters are like sons in every party of Tanzania hence should be allowed to inherit the property of the deceased father whether it is land or origin on the basis of equality.

Section 20(2) of the Village Land Act[9], protects women against discriminatory customs and traditions which restrict their lawful access to ownership, occupation and use of land. Section 23(2) (c) as in the case of Ephraim v. Pastory and Another[10], the court held that, rule 20 of local customary law declaration No. 4 order of 1963 was unconstitutional of the United Republic of Tanzania,

Section 57(2) Village Land Act[11], accords equal treatment of women in the application of customary right of occupancy by both the Village land Council and the adjudication committee. As in the case of Peter Byabato v.Pastory[12]the court held that, a customary law that barred women from disposing a clan land has been discretionary and is violation of the constitution.

In the case of Ndewawiosio d/o Ndeamtizo v. Immanuel Malasi[13], The court held that, customary law that barred daughters from inheritance had no place in the Tanzania as it was discriminatory.

Section 22(1) of village Land Act[14], grants women to acquire land after divorce. Right to participate in decision making, Village Land Act establishes organs for dispute resolution that run from the village level to appellate court level. Women participation in village and ward level machineries is made mandatory.

Section 60 of the Village Land Act[15], requires that out of 5 to 7 members of the village land council women should not be less than 2 and out of 5 to 8 members of Ward Tribunal women should not be less than 3 as well. Here there is an affirmative requirement of women's representation in bodies that make decisions on land, including resolution of disputes, adjudication committees and village council committees.

Section 3(2) of Land Act[16] states that 'The right of every woman to acquire, hold, use and deal with land shall, to the same extent and subject to the same restrictions be treated as a right of any man.[17]

Section 108(1) (h) (iii) ofthe Land Act[18], protects women by requiring the court to have regard to women in considering whether to grant an order for determination of a lease or relief against such. Section 112 of the land Act[19],provides for the power of an occupier of land in creating mortgages. Sub-section 3 requires the consent of all the spouses before a matrimonial home is subjected to Mortgage[20].

Section 113(3) of the Land Act[21], empowers the dependant of a borrower whose land is likely to be permanently deprived to apply to court on the ground that its terms were of disadvantageous to him or her. And in considering that the court is obliged to have regarded to gender as well, also part X and Part xvii, allows women to own or occupy land jointly or in common with other persons[22].

Section 161(3) (b) of the Act[25], requires that before any transfer or assignment is effected it is the duty of the assignee or the transferee to make inquiries as to the consent of the spouses as per Section 59 of the law of marriage[26].

Generally, the 1999 legislation adequately Incorporated and implemented the national land policy as it provides for a bunch of rights for women to access, own, and control land as equal as men. It also provides for the right to participate in decision making organs regarding land matters. They also provide for women right to dispose land and properties therein[27].

2.1.3 THE LAND POLICY ON COMPENSATION& LAND VALUE(Paragraph 4.2.19 & 4.2.20)

The land policy of 1995 identified the problem of inadequate and delay compensation and thus suggested the areas in which compensation should payable, as per paragraph 4.2.19 and 4.2.20of the policy[29],that compensation should base on, Market value of the real property(land), Disturbance allowances, Transport allowances, Profits of cultivations, Cost of acquiring, for getting another land and Any other cost, expenditure incurred for carrying development of that land.

2.1.4 THE LAND POLICY ON COMPASATION& VALUEAS IMPLEMENTED IN LAND ACT & VILLAGE LAND ACT.

After the enactment of land Act of 1999 and the village land Act of 1999 the new trend of compensation started to be used as provided under Section 3(1)(g)of the Land Act[30], provide that, payment of full fair and prompt compensation and also provided the areas/items in which compensation must be payable that are, the market value, disturbance allowance, transport allowances, cost of acquiring land, interest at market rate will be charged and any other cost. Other provisions are Section 4(3), Section 19 and Section 20(3), 156 of the Land Act.

Once the right of occupancy has been revoked, the former occupier is entitled or has right to compensation. This is clearly stipulated under Section 49 of Land Act[31].That a person shall not arbitrarily be deprived of his property for the purpose of acquisition or any other purpose without the authority of the law, which shall set out conditions for fair and adequate compensation.

It however, can be shown in the case of Manyara Estate Ltd& Others v. The National Credit Agency[32]. In this case, in October 1994, coulters right of occupancy was revoked by the President, but under section 49 of the Land Act he was entitled to compensation for any unexhausted improvement existing on the land in dispute.

The Land Act also provides for payment of compensation to the former occupier whose right of occupancy has been revoked. Section 49 (3) provides inter alia that " there shall be payable to the former occupier whose right of occupancy has been revoked compensation which shall equal the value of unexhausted improvements made in accordance with the terms and conditions of the right of occupancy on the land at the time of revocation.

Also the Village Land Act[33] under section 3(1)(g) mention that the interest in land has value and under Paragraph(h) of the same Section provide for the prompt and fair compensation for any one whose customary use of land has been interfered by the state under the Act or the Land Acquisition Act.

The law also provides that all lands acquired by non-citizens prior to the enactment of the Land Act is deemed to have not value except for unexhausted improvements for which compensation may be paid as per section 20 (3) of the Land Act[34]

Following the enactment of the Land Act, two regulation were published to support the Act that are, Land (compensation Claims) Regulation of 2001[35], and Land (assessment of value of land compensation) Regulations of 2001[36].

2.1.5 LAND POLICY ON DISPUTE SETTLEMENT MACHINERY (Paragraph 4.2.25& 4.2.26)

The national land policy of 1995 under paragraph 4.2.25,recognised the problem of frequent land disputes which results from among other things, multiple allocation of land and poor record keeping. It further recognised the problem of delay of land cases in normal courts due to bulk log of the cases and thus under its policy statement under paragraph 4.2.26 recognised the need to have a well established land disputes settlement machinery and proposed to have mabarazayawazeeyaardhi to quasi-judicial bodies at district and national levels with appeals to high Court on point of law[37].

2.1.6 LAND POLICY ON DISPUTE SETTLEMENT MACHINERY AS IMPLEMENTED IN LAND ACT& VILLAGE LAND ACT.

The Land Act Cap 113 and The Village Land Act Cap 114 have provisions which provides for the courts responsible to solve those disputes and to some extent has implemented the policy and this is evident as follows:-

The Village Land Act[38]under Part V, provides for the dispute settlement mechanisms. It provides that every village shall establish a Village Land Council for assisting parties to settle their disputes amicably as per Section 60 (1) of the VillageLand Act[39].

This means the Village Land Council established consist of seven members[40], and have a role of a mediator to enable parties to reach at amicable solution. Principles of customary mediation will be paramount in mediation of those land disputes[41].

The Village Land Council is not a village land court like the Elders‟ Land Council recommended by the Land Commission (Baraza la Wazee la Ardhi). Firstly, its jurisdiction is severely limited, and secondly, it only functions in a mediating capacity. Its brief is to assist the aggrieved parties to arrive at a mutually acceptable solution. In the event that this is not possible, the conflict may be referred to the courts[42].

Moreover, Section 58 of the Village Land Act[43], provides for the methods to avoid and settle disputes between pastoralists and agriculturalists in case it arises. It provides that the Village Adjudication Committee shall determine the rights of each part in land to occupy and in case where the parties can cooperate to use the land the Committee will prepare a draft for that purpose.

On the other hand, the Land Act[44] under Part XIII, provides for Dispute settlement. It provide for the courts vested with exclusive jurisdiction in hearing and determining land disputes.

The Land introduces little new in the area of conflict resolution. Section 167 of theLand Act[45], is the only one dealing with dispute settlement, and it does no more than define which courts have jurisdiction of land cases.

These are in descending order, the Court of Appeal, the Land Division of the High Court, the District Land and Housing Tribunals, the Ward Tribunals and the Village Land Councils. Of these, the Land Division of the High Court and the District Land and Housing Tribunal are new bodies[46].

Apart from the two laws the Land Dispute Courts Act[47], is the main law which provides for the land disputes machinery in Tanzania. The Act define dispute to includes any case where a person complains of and is aggrieved by the actions of another person or any case in which a complaint is made in an official capacity or is a complaint against an official act[48]. It enumerate Courts having jurisdiction to hear and determine land disputes, namely, the Village Land Council, the Ward Tribunal, the District Land and Housing Tribunal, the High Court and the Court of Appeal of Tanzania[49].

Despite all these, land disputes are still persistent as it is affirmed in the case of LekengereFaruParatukamunyu&52 others vMinister for Tourism, Natural Resources and Development & 3 others[50], whichprovide for a clear example of unlawful removal with harassment to Maasai from Mkomazi game reserve which was their ancestral area. This case showsthe continuationof the problem even after the enactment of the Land Act and Village Land Act in 1999.

2.1.7 LAND POLICY ON REVOCATION (Paragraph 4.2.13&4.2.14)

The Land policy of 1995 under paragraph 4.2.13 recognised the problem of non-development of land after one has given a certificate of occupancy and thus fail to comply with the conditions attached to it. Thus under paragraph 4.2.14 retained the power of President to revoke such right of occupancy serve for public interest and calls for a definition of what actually amounts to public interest. And the revolution of village land to be determined by village Assemblies[51].

2.7.8 IMPLEMENTATION OF LAND POLICY ON REVOCATION BY THE LAND ACTS

Sections 45 of Land Act[52], empowers the President to revoke the right of occupancy saved for good cause. Good cause includes breach of term or condition contained in the certificate of occupancy or breach of any regulations under that Act relating to the transfer or dealing with rights of occupancy or interest therein.

Section 45(3)of the said Act, empowers the President to revoke granted right of occupancy in a public interest. Revocation is the serious punishment which is imposed in the Land Act. It is the last resort to be taken because it takes away the right of occupancy.[53]

The President may revoke a right of occupancy granted to a non-village organization or a group of persons who are not villagers as per section 44 of Village Land Act[54].

One of the good causes that led to the revocation has been seen in the case of RajabuHassara v. Saraya Rashid[55], in this case the appellant was offered the right of occupancy in a certain plot at Ilala District in the City of Dar es salaam in 1968. The right of occupancy was eventually revoked by the President for alleged non-compliance with the conditions stipulated in the right of occupancy in question. The court held that, non compliance with the condition stipulated in the right of occupancy constitutes "good cause" for the right to be revoked.

2.7.9 LAND POLICY ON LAND ACQUISITION (Paragraph 4.2.15 & 4.2.16)

The national land policy of 1995 under paragraph 4.2.15 recognised the Land acquisition by the president for public purpose or for re-development and also identified the problem of our laws being silent on what actually amounts to public interest and people being unable to appeal against the compulsory acquisition of the Land and therefore on its policy statement under paragraph 4.2.16, maintained the power of president to acquire the Land but requires a clear definition of "public interest" and argued for acquisition be challenged before the court of law[56].

2.7.10 IMPLEMENTATION OF THE LAND POLICY ON ACQUISITION BY LAND ACTS

The main purpose of compulsory acquisition by President according to Section 3 of the Land Acquisition Act[57], is for the Public interest as the president may acquire any land for any estate or term where such land is required for any public purpose. The expression for public purpose has been clarified under, Section 4 of The Land Acquisition Act[58]. For example under this section Land shall be deemed to be required for a public purpose where it is for exclusive Government use, for general public use, for any Government scheme, for the development of agricultural land or for the provision of sites for industrial, agricultural or commercial development, social services or housing.

2.7.11 LAND POLICY ON ADMINISTRATION & LAND ALLOCATION (Paragraph 4.2.0, 4.2.1 & 4.22 (i)-(iv)

The National land policy of 1995 under paragraph 4.2.1, identified the problem of absence of clearly defined institutional Framework for the administration of land a thing that normally results to multiple and complicated land disputes, and thus on its policy statement under paragraph 4.2.2, requires the commissioner for land to be responsible for land administration and he will appoint other officials to assist him and the administration of village land to be under village councils and to report their decisions to village assemblies.

2.7.12 IMPLEMENTATION OF LAND POLICY ON LAND ALLOCATION BY THE LAND ACTS

Section 9 (1) of the land Act[59], provides for commissioner for Land who is appointed by the President and he is the principal land administrator as per section 10 (1) of the Land Act.[60] He is an administrative and Professional Officer and adviser to the Government on all matters connected to the administration of land; for example he must ensure that all local government authorities and associations of local authorities are consulted and kept informed about the administration and the commissioner may appoint other officials as per section 11 of Land Act[61]. These provisions seems to implement the provisions of land policy under paragraph 4.2.2 (i) & (ii).

The provisions of section 8 (1) of the village Land Act[62], establishes the village council which shall, subject to the provisions of the Act, be responsible for the management of all village land. The village council shall also exercise the functions of management in accordance with the principles applicable to a trustee managing property on behalf of a beneficiary as if the council were a trustee of, and the villagers and other persons resident in the village were beneficiaries under, a trust of the village land[63].

LAND POLICY ON ACCESS TO LAND (Paragraph 4.2.3, 4.2.4)

The policy under paragraph 4.2.3 identified the problem of less restrictions to access to Land to all citizens and non-citizens a thing that has facilitated acquisition of land for speculative purposes. Thus on its policy statement under paragraph 4.2.4 imposes some restrictions especially to non-citizens.

IMPLEMENTATION OF THE POLICY ON ACCESS TO LAND

Section 20 (1) of the Land Act[64], puts some restrictions as to access to Land by non-citizens. The section is to the effect that "For avoidance of doubt, a non-citizen shall not be allocated or granted land unless it is for investment purposes under the Tanzania Investment Act". Thus It should be noted that land can be allocated to non-citizens by the Tanzania Investment Center (TIC) which creates derivative rights[65], which mean a right to occupy and use land created out of a right of occupancy and includes a lease, a sub-lease, a license, a usufructuary right and any interest analogous to those interests and sub-leases created out of granted right of occupancy by the private sector[66].

It is also possible for a foreign investor to acquire village land for purposes of investment. However, such an investor will not be able to acquire the designated village land as it is, it must be transferred from village land to general land as per Section 4 of the Village Land Act[67].

When the National Land Policy of 1995 was drafted, it made further clarification by making a policy statement to the effect that, "(vi) A dual system of tenure which recognizes both customary and statutory rights of occupancy as equal in law will be established."The National Land Policy became the core document to the drafting of the Land Acts as it contains the Government position.

The Village Land Act, 1999 tries to implement the above policy statement. Under section 18[68]it states that: customary rightofoccupancy is in every respect ofequal status and effect to a granted right of occupancy.It can be said that section 34 (3) of the Land Act[69], evades tenure security of customary title, and progressively replaces it by granted right of occupancy.

Land Act under sections 3 (1)& 4 (1)and the Village Land Actunder section 3 (1) (b) maintains thatalllandispublic land vested in thepresident as a trustee for and on behalf of all thecitizens of Tanzania. It is obvious therefore that, individuals do not own land rather interests in land ortermofyears. Thus these provisions seems to implement the land policy under paragraph 4.1.1 (i) (a).

The work prepared by Mwakisiki E. Mwakisiki, third year student at moshi cooperative university

REFERENCE

BOOKS

Fimbo, G. Mgongo, (2003). Land Law Reform in Tanzania. University of Dar es-Salaam, Tanzania.

Jesse, J.M. &Chalambo, J. (2009).Background to the Land Law in Tanzania, Faculty of Law, Dar es Salaam.

STATUTE

The Land Act [Cap. 113 R.E 2002]

The Village Land Act [Cap. 114 R.E 2002]

The Land Disputes Court Act[Cap. 216R.E. 2002]

Land Acquisition Act [Cap 118 R.E 2002]

Land (Compensation Claims) Regulation, 2001 G.N no.79 0f 2001

Land (Assessment of value of land compensation) Regulations, 2001 G.N 78 of 2001.

THESIS/DISSERTATION

Kennedy, G. (2007), "The Impact of Tanzania's New Land Laws on the Customary Land Rights of Pastoralists"; a case study of the Simanjiro and Bariadi districts, University of Bayreuth, Bayreuth.

[1]Kennedy, G. (2007), "The Impact of Tanzania's New Land Laws on the Customary Land Rights of Pastoralists"; A case study of the Simanjiro and Bariadi districts, University of Bayreuth, Bayreuth.

[2]Fimbo, G. Mgongo, (2003). Land Law Reform in Tanzania. University of Dar es Salaam, Tanzania.

[3]Ibid

[4]Fimbo, G. Mgongo, (2003). Land Law Reform in Tanzania. University of Dar es Salaam, Tanzania.

[5]National Land Policy of 1995

[6]National Land Policy of 1995

[7][Cap.114 R.E 2002]

[8]Digest of Appeal,Local courts 055-1956-No.88

[9][Cap.114 R.E 2002]

[10][1990] LRC 757

[11][Cap.114 R.E 2002]

[12]Civil Appeal No.252/1986,The High Court of Tanzania atMwanza.(unreported)

[13][1968] HCD 127

[14][Cap.114 R.E 2002]

[15][Cap.113 R.E 2002]

[16]Ibid

[17]Ibid

[18]Ibid

[19]Ibid

[20][Cap 113 R.E 2002]

[21][Cap 113 R.E 2002]

[22][Cap 113 R.E 2002]

[23][Cap 113 R.E 2002]

[24]Ibid

[25][Cap 113 R.E 2002]

[26][Cap 113 R.E 2002]

[27]Fimbo, G. Mgongo, (2003). Land Law Reform in Tanzania. University of Dar es Salaam, Tanzania.

[28]Fimbo, G. Mgongo.(2003). Land Law Reform in Tanzania. University of Dar es Salaam, Tanzania.

[29]National Land Policy of 1995 under paragraph 4.2.19 & 4.2.20 (i)-(ix)

[30][Cap 113 R.E 2002]

[31][Cap 113 R.E 2002]

[32][1990] T.L.R 9

[33][Cap114RE 2002]

[34][Cap 113 R.E 2002]

[35]G.N no.79 of 2001

[36] G.N 78 of 2001.

[37]National Land Policy of 1995

[38][Cap. 114 R.E 2002]

[39]Ibid Section 60 (1)

[40]Ibidi Section 60 (2)

[41]Ibidi Section 61 (4)

[42]Jesse, J.M. &Chalambo, J. (2009), Background to the Land Law in Tanzania, Faculty of Law, Dar es Salaam.

[43][Cap. 114 R.E 2002]

[44][Cap. 113 R.E 2002]

[45]Ibid

[46]Ibid Section 167

[47]Act No. 2 of 2002, [Cap. 216 R.E. 2002]

[48]Ibid Section 2

[49]Act No. 2 of 2002, [Cap. 216 R.E. 2002] Section 3 (2)

[50]Civil Case No.53 of 1998(unreported) reported in Fimbo, M.G. (2006), The Land Law of Tanzania, A Case Book, p. 69

[51]Land Policy of 1995 under Paragraph 4.2.13 &4.2.14 (i) & (ii)

[52][Cap. 113 R.E 2002]

[53]As was held in Patman Garments Case

[54][Cap 114 R.E 2002]

[55][1983] TLR 111

[56]Land policy of 1995 under Paragraph 4.2.15 & 4.2.16 (i), (ii), (iii), & (iv)

[57][Cap. 118 R.E 2002]

[58]Land Acquisition Act [Cap 118RE 2002]

[59][Cap. 113 R.E 2002]

[60]Ibid

[61][Cap. 113 R.E 2002]

[62][Cap. 114 R.E 2002]

[63]Ibid Section 8 (2) & (3)

[64][Cap 113 R.E 2002]

[65]Section 2 of Land Act No. 4 of 1999 R.E 2002

[66]W.R Tenga and J Mramba (2008). Manual on Land Law and Conveyancing in Tanzania, Dar es salaam University Press, Dar es salaam at p 102

[67][Cap. 114 R.E. 2002]

[68][Cap 114 R.E 2002]

[69][Cap 113 R.E 2002]

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