TABLE OF CONTENTS

1.0 INTRODUCTION

 Meaning of land
 Meaning of acquiring the land

2.0 MAINBODY

Explanation with relevant authorities on about the ways through which a Tanzania may aquire land. The
ways will be categorized according to the two types of rights of occupancy that is customary right of
occupancy or deemed right of occupancy and granted right of occupancy, and the discussion will be
guided by The Land Act together with The Village Land Act but also case laws.

3.0 CONCLUSION

4.0 REFERENCES
1.0 INTRODUCTION

Land is defined to mean the inclusion of the surface of the earth and the earth below the surface and all
substances other than minerals or petroleum forming part of or below the surface, things naturally
growing on the land, buildings and other structures permanently affixed to or under land and land
covered by water.1

According to the case of State vs. Coffee2 Land is defined to include any ground, soil or earth materials
including field, meadow, pastures, woods, water, marches and rock. Under common law Land means
anything annexed to land becomes part of the land. This goes together with the principle which is
summarized in Latin maxim "quid quid plantatur solo solo cedit" meaning whatever is attached to the
ground becomes a part of it.3

Therefore , a building constructed on the soil and things naturally growing in the land such as trees, and
any other things attached to the soil, whether above or below the surface become part of the land.
However it is of paramount of importance to note that although land includes surface and subsurface
substances, but in Tanzania it does not include mineral, gas and petroleum.4

Acquiring land refers to the process of obtaining or gaining ownership or control over a piece of land.
This can involve various legal, financial, and administrative steps, depending on the specific context and
purpose of the acquisition. The process of acquiring land can include making offers to landowners,
determining fair market value and obtaining notarized documents for the transfer of ownership 5

Acquiring the land goes hand to hand with ownership. Ownership of the land means the physical size of
the land owned or possessed. It has been proposed somewhere that ownership in loosely used as it
sometimes denotes what is in effect as absolute ownership but other times is used in the context, which
indicates that the reference is only to right of occupancy.6 Right of occupancy means a title to the use
and occupation of land7. Right of occupancy is of two types that is customary right of occupancy or
deemed right of occupancy8 and granted right of occupancy.9

1
Section 2 of the Land Act [CAP 113 R.E. 2002] as well as section 2 of the Village Land Act [CAP 114 R.E. 2002]

2
(1185) ALL ER

3
See Holland vs Hodgson LR7 CP 328

4
Section 2 of the Land Act [CAP 113 R.E. 2002]

5
https://www.tic.go.tz/pages/land-acquisition

6
Nsiremi v. Nwakerendu (1955) 15 W.A.C.A. 71 at page 72

7
See Section 2 of the Village Land Act [CAP 114 R.E. 2002]

8
Section 27 Ibid

9
Section 22 of Cap 113 R.E 2002
2.0 MAIN BODY

There are many ways in which a Tanzania can acquire land but these ways we are going to categorize by
using the two types of rights of occupancy that is to say customary right of occupancy or deemed right
of occupancy and granted right of occupancy.

2.1 CUSTOMARY RIGHT OF OCCUPANCY OR DEEMED RIGHT OF OCCUPANCY

The customary ways of acquiring ownership of land include by allocation, purchasing ,inheriting from
one's elders and as a gift.

2.1.1 BY ALLOCATION

One of the ways of acquiring land in customary means is through allocation by the relevant authority.
This authority could be the chief, villager headman or chairperson. Local elders has the power and right
to allocate vacant or abandoned land but not occupied land unless there was a rule limiting the area of
land a person could possess as what was seen in the case of Mtongori Nyamagani vs Richi.10

2.1.2 BY PURCHASE

Under customary law land could also be acquired through purchase as what was said in the case of
Bartholemew Ndyanabo vs. Bi. Petronida Ndyamukama11. But something to note is that though we are
buying and selling the land but in a real sense is that land (the soil) is owned by the state and cannot be
the subject of sale and even if the person own land then it is just for the purpose improvements
including the clearing of the soil.

2.1.3 ADVERSE POSSESSION

Under customary law land can also be acquired in means of adverse possession. Adverse possession
refers to the peaceful occupation of land without a formal legal agreement. In Tanzanian land laws, if a
person moves into a land, occupies it and develops it for 12 years or more with no interference
whatsoever from the true owner of that plot, then that person who has occupied it for the 12 years or
more acquires adverse possession. In case the original owner want to institute a suit for recovery of
land, he / she has to do so within twelve (12) years from when the cause of action arises, example,
paragraph 22 of Part One of the Schedule to the Law of Limitation Act12

2.1.4 AS GIFT

10
(1973) James RW & Fimbo GM at 564

11
[1968] HCD 339

12
Cap 89 [R.E 2002]
Customary law recognizes granting of land as a gift such as what was seen in case of Adelina Koku Anifa
& Another vs Byarugaba Alex.13 in which the evidence, which was accepted by the Court, of formalities
necessary to pass absolute title by gift were set out in the judgment.

2.1.5 INHERITANCE

Customary law also recognize the right of occupancy to a person acquired land through inheritance from
the late deceased and such right of occupancy will be of the same value as that of a person acquired
land by means of purchasing.

2.2 GRANTED RIGHT OF OCCUPANCY

Under granted rights of occupancy14 there are many ways in which a Tanzania may acquire land but we
will just mention few of them that is, through purchasing and Inheritance.

On starting with purchase here involves transfer of land by contract means between the seller/ vendor
and the purchaser/ buyer or vendee. So one purchase a land acquire the rights of occupancy on the
interests of the land because in Tanzania land is owned by the public

In granted rights of occupancy one also may acquire land through inheritance and this is guided by the
Probate and Administration of Estates Act Cap. 352, The Magistrates Court Act No 2/1984 Cap. 11, The
Administrator General Act Cap. 27, Indian Succession Act, Hindu Wills Act (1870), The Succession (Non-
Christian Asiatics) Act, Cap. 28, Judicature and Application of Laws Act Cap. 358, Local Customary Law
(Declaration Order No 4/1963 GN 436/1963, Local Customary Law (Declaration Order1963 (Law of
Persons) GN 279/1963 and The Law of Marriage Act No 5/1971, Cap. 29

3.0 CONCLUSION

The above mentioned ways are just the few ways in which a Tanzania may acquire land. Something to
note is that there was the other way of acquiring land which has already repealed and that was by
clearing of vacant areas in which was also been deemed to be the best way of asserting ownership in
land. That way was by that time, one who was first to clear and settle on the land was given priority in
determining instances of ownership but this is no longer in use.

13
Civil Appeal No. 46 [2019] TZCA 416

14
Section 22 of Cap 113 [R.E. 2002]
4.0 REFERENCE

4.1 BOOKS

R. W. James and G. M. Fimbo.(1973). Customary land law of Tanzania : a source book: East African
Literature Bureau.

W. R. Tenga & S. J. Mramba.(2020) Land Law in Tanzania: Theory and Practice. Juris Publishers Limited.

4.2 STATUTES

Land Act [CAP 113 R.E. 2002]

Limitation of Laws Act [CAP 89 R.E 2002]

Village Land Act [CAP 114 R.E. 2002]

4.3 CASE LAWS

Bartholemew Ndyanabo vs. Bi. Petronida Ndyamukama [1968] HCD 339

Holland vs Hodgson LR7 CP 328

Koku Anifa & Another vs Byarugaba Alex Civil Appeal No. 46 [2019] TZCA 416

Nsiremi v. Nwakerendu (1955) 15 W.A.C.A. 71

State vs Coffee (1185) ALL ER