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- Title
The Legal Status of Intergenerational Equity on Clan Lands in Mainland Tanzania.
- Authors
Gastorn, Kennedy
- Abstract
Despite the enactment of the Land Act, 1999 Cap 113 [R.E. 2002] (the "Land Act") and the Village Land Act, 1999 Cap 114 [R.E. 2002] (the "Village Land Act") as the main laws governing land tenure in Tanzania and the repeal of the British colonial enacted laws2, British common law remains a point of reference and fall-back position in cases of lacuna in Tanzanian courts.3 For instance, the concept of intergenerational equity, which is deeply rooted in the African customary law and Tanzanian customary law in particular, is at the same time closely related to the concept of constructive trust u British common law. This is because both concepts deal with equitable rights. Inevitably, English cases dealing with constructive trusts are relevant in Tanzania as precedents to fill identified lacunas, where necessary. Traditions on clan lands in Tanzania continue to be innovated through impositions by, and borrowings from, statutory laws and case laws. Furthermore, laws governing registration of land and trustees' incorporation were introduced in the country by the British colonial rule and having survived independence, these laws still remain applicable today though with modifications.
- Subjects
TANZANIA; INTERGENERATIONAL equity; CUSTOMARY law; BRITISH colonies; CONSTRUCTIVE trusts
- Publication
Tanzania Journal of Development Studies, 2018, Vol 16, Issue 1, p1
- ISSN
0856-9622
- Publication type
Article