Economic & Commercial Law

Permanent URI for this community

http://192.168.30.20:4000/handle/123456789/155

Browse

Browsing Economic & Commercial Law by Author "Kweyamba, Theodorus"

Now showing 1 - 1 of 1
  • No Thumbnail Available
    Item
    An assessment of promptness and fairness of compensation awardable for unexhausted improvement on land matters in Tanzania : A case study of Kipawa and Kigilagila
    (Mzumbe Unversity, 2015) Kweyamba, Theodorus
    The emerging issue is how the land laws especially the expropriation and payment of compensation laws are applied. This dissertation examines intended to assess the law and practice relating to compulsory land acquisition in Tanzania specifically in examination of procedures in the processes of land acquisition, legal challenges of compulsory land acquisition procedure, evaluation processes in the event of land acquisition and compensation processes in the event of land acquisition This study was carried at Kipawa and Kigilagila where land was acquired in the year 1997for purpose of expansion of Julius Nyerere Airport, though compensation paid was inadequate. The process of compulsory land acquisition has more often been complained of by the general public for failure to pay fair and prompt compensation to the victims. The dissertation revealed a wide disparity between the means of compensation paid and market value of the acquired property. Moreover, The Land Acquisition Act, Cap 118 [RE 2002] is not fair and just to people holding land under deemed right of occupancy as it restricts compensation to un exhausted improvements on the land excluding the land or such improvements as land clearing and fencing. This latter situation has been rectified by the Land Act. The dissertation recommends among others that, in order to have a peaceable society devoid of conflict and chaos, adequate payments of adequate compensation that will not make claimants worse off than they were, are essential, both the policy makers and local governments should revise the land laws especially on the expropriation and payment of compensation in such a way that it would define and protect property rights for the vulnerable groups both in urban and rural areas and where and when these rights are acquired “reasonable compensation” must be paid. Most importantly, mandatory provision of land forresettlement, ensuring proper method of valuation and prompt payment of compensation shall remedy these conflicts.