Many women don’t see going to court as a way to resolve problems around inheritance and land disputes. Instead, they see it as the cause of many problems. However, men and women should use the court system as a way to solve and handle their disputes. It is an essential way to access justice and protect your rights. Going to court is not like bombing your family or community.
When there is a conflict over land, there are specific procedures to follow to solve the issue.
At a community level, usually customary laws dominate and therefore often leave parties particularly when they are female unsatisfied with the outcome that rules in the males favour. However, in Tanzania people can still appeal from the community level to the court of law.
For instance in law issues if you are not satisfied with the Ward Tribunal’s decision at community level, or the property is worth more than 3,000,000 TSH, you can appeal to the District Land and Housing Tribunal. Here, an advocate can begin appearing with you. If you are coming from the court below, you have 45 days to appeal to the District Land and Housing Tribunal.
From this, if you are not satisfied with the District Land and Housing Tribunal’s decision, or the property is worth more than 40,000,000 TSH for movable property or 50,000,000 for immovable property, you can appeal to the High Court. If you are coming from the court below, you have 60 days to appeal to the High Court. This is the last court. They only evaluate questions of law, not fact. You only have 30 days after the High Court reaches their decision to appeal to the Court of Appeal.
Inherit Your Rights believes that justice can be obtained through the court systems as it is the only authority which adheres to the Constitution on equality before the law, the right to be heard and presumption of innocence before proven guilty.
To learn more about court procedures contact us today.