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

Nonfiction, Reference & Language, Law, International
Cover of the book Resolving land disputes through alternative dispute resolution (ADR). An overview of Tanzania's legal framework by Burhani Kishenyi, GRIN Verlag
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Burhani Kishenyi ISBN: 9783668447011
Publisher: GRIN Verlag Publication: May 15, 2017
Imprint: GRIN Verlag Language: English
Author: Burhani Kishenyi
ISBN: 9783668447011
Publisher: GRIN Verlag
Publication: May 15, 2017
Imprint: GRIN Verlag
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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.

More books from GRIN Verlag

Cover of the book A Business Deconstructed. Company Analysis of GlaxoSmithKline plc. by Burhani Kishenyi
Cover of the book Rassismus an Schulen. Konzept zur Prävention an deutschen Schulen. Zum Projekt 'Schule ohne Rassismus - Schule mit Courage' by Burhani Kishenyi
Cover of the book Amicus curiae briefs und die WTO by Burhani Kishenyi
Cover of the book Internationaler Terrorismus in der globalisierten Welt by Burhani Kishenyi
Cover of the book Scheidung und Mediation unter besonderer Berücksichtigung der Kindessituation by Burhani Kishenyi
Cover of the book Selbst- und Fremdinszenierung von Politikern by Burhani Kishenyi
Cover of the book Selbstgesteuertes Lernen. Aktuelle Konzepte und Entwicklungen by Burhani Kishenyi
Cover of the book M-Learning im Kontext klassischer Lerntheorien? by Burhani Kishenyi
Cover of the book The World's Most Popular Cruise Line by Burhani Kishenyi
Cover of the book Die Gründe für den Parther-Feldzug des Marcus Antonius by Burhani Kishenyi
Cover of the book Der schmale Grat zwischen Steuergestaltung und Steuerhinterziehung by Burhani Kishenyi
Cover of the book Investition und Finanzierung - Skript II by Burhani Kishenyi
Cover of the book Der interreligiöse Dialog zwischen Islam und Christentum by Burhani Kishenyi
Cover of the book Defizite und Desiderate der Konferenz der Vereinten Nationen über Umwelt und Entwicklung (UNCED) im Jahr 1992 aus heutiger Sicht by Burhani Kishenyi
Cover of the book Literatureinsatz im DaF-Unterricht an Beispiel von Theodors Fontane John Maynard by Burhani Kishenyi
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy