Apart from land allocating function ,land allocation authority his evidence to land dispute granted were best evidence, and were given great weight in the court. Imposition of Land ordinance removed effective control of communal land from traditional authority and passed to the president or to the delegate, this has been witnessed in rural land especially with section 5 of land ordinance of 1923.
Under Customary right of occupancy section 22(2) of Act no 5 1999 provides for people who can apply for Customary right of occupancy, being family, person , unit, group of persons who are recognized under such customary law, or any association, primary …show more content…
Is in stake due to the fact that our population is fast urbanizing and fast doing away with tribal customs and traditions. But it is increasingly becoming apparent that we cannot have customary land tenure system in urban areas in Tanzania. The case law on this is abound and the provision on restricting customary right of occupancy to village land (S.14 of Act No. 5) further reinforces this argument. The Village Land Act No. 5 of 1999 provides for the management and administration of village land. Village land management is entrusted to the Village Council, which is to be directed by the Village Council. The crux of the matter is that the management and administration must be in compliance with the law of the respective area. In a country where tribal inclinations are divorced from appointment to leadership and job posts, the possibility exists for some Village Councils to have no idea hand-on experience with the customary law of the land they are administering. The customary law is unwritten and largely depends on tell-tales from