a) The avenue to deal with the matter and the proper document to be filed.

The avenue available for resolving this dispute is basically provided under section 33 (2)

(a) of the land dispute settlement Act1 which clearly points out that the court which has

the jurisdiction to entertain this matter is the District Land and Housing Tribunal. This is

in accordance with the value of subject matter which has the value of money that is can

follow under the jurisdiction of the said tribunal, on top of that the disputed matter is land

which the tribunal has established for such purpose.

In filling this proceeding in the tribunal, the relevant document to be filled before the

tribunal is an application which is to be in a prescribed form, which is found in the

regulation as it is provided under rule 32 of the regulation of the Dispute and Land

Housing Tribunal. The form is already prepared and is supposed to be filled by the

complainant or his representative, the form is to be collected from the registrar of the

land. However if there is any special issue that the tribunal might be informed application

may be made in a way of chamber summons as provided under rule 43 thereby.

b) The proper party and the cause of action

The proper party to be sued in this dispute is FAUSTINE who sold the piece of land to

Lameck. The cause of action that is a reason of suing FAUSTINE is to recover either the

sum of money that was spent in purchasing that disputed land or to be declared as a legal

owner of such disputed land.

c) Who are the necessary parties to be sued?

The necessary parties to be sued in this case is the Morogoro Municipal Council since

there are responsible in allocating the land so is presence will give the room for a court to

determine whether the disputed land was turned in the hands of the Municipal Council

after Faustine failure to comply with the development condition attached to the document

of possessing the said land as the result they decide to reallocate the same to FRED.

1 ACT NO 2 OF 2002.2 The Land Dispute Courts Regulation.3 Ibid

The other necessary party that to be sued is FRED who was allocated the land for the

second time his presence is of most important since any decision of the tribunal might

affect him, also he suppose to answer some of the question so that to help the tribunal to

reach into fair decision, among the thing which he is suppose to prove to what extent his

ownership is legal or is good as the tribunal should declare him as legal owner of such

land which is in dispute.

d) Remedies which can be sought

Three remedies that he might be prayed may include:

1. Land recovery

2. Recovery of 45 millions that was used to purchase that particular land

3. Cost of this suit.

TUMAINI UNIVERSITY

IRINGA UNIVERSITY COLLEGE

FACULTY OF LAW

COURSE: LLB

COURSE CODE: 302

MODE OF ASSIGNMENT: GROUP ASSIGNMENT

DUE DATE: 21 January, 2010

PARTICIPANTS:

1. KULWA GAMBA

2. JOSEPH BAJAGAE

3. ANGALA MALANDO

4. MSHANA, DOMINICK E.

5. YANGALAI OLE MKULAGO