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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Civil cases and social contexts: Kilimanjaro 1974 and its judicial past
Author:Moore, Sally FalkISNI
Year:1974
Periodical:Eastern Africa Law Review
Volume:7
Issue:2
Pages:189-207
Language:English
Geographic term:Tanzania
Subject:private law
Abstract:Land shortage is the acute problem which gives rise to the most bitter and most important disputes, legal and illegal, on Kilimanjaro today. These involve a mixture of customary law, new statutes as the Customary Leaseholds (Enfranchisement) Act of 1969, making beneficial occupation the only form of tenure and the only basis of rights in land, and current local Chagga practices regarding the buying and selling of improvements and rights of occupancy. The other kinds of civil cases which come before the tribunals on Kilimanjaro today are principally: family law matters, contracts for goods and services, and cash loans. Most disputes do not got to court. Both national law and customary law operate more outside the courts than in them. Customary law depends for its normal maintenance on a local social nexus that will back the rights of individuals under its rules. To the extend that the nation offers the services of its agencies of dispute settlement to support and apply customer rules, it is also backing customary social groupings. The changing character of these and newer groupings are of legal and of planning signigicance. Ref., notes, tables.
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