Authors : Susan Mathias Mnafe

Volume/Issue : Volume 10 - 2025, Issue 9 - September

Google Scholar : https://tinyurl.com/5n8kez3k

Scribd : https://tinyurl.com/57nn6545

DOI : https://doi.org/10.38124/ijisrt/25sep1156

Note : A published paper may take 4-5 working days from the publication date to appear in PlumX Metrics, Semantic Scholar, and ResearchGate.

Note : Google Scholar may take 30 to 40 days to display the article.

Abstract : This paper examines the significant challenges faced by mortgage holders and tenants during compulsory land acquisition processes in Tanzania. Compulsory land acquisition, as defined under Tanzanian law, allows the government to acquire land for public purposes, which often leads to the termination of rights of occupancy and the interests of third parties, including mortgages and leases. The study employs a doctrinal and documentary review methodology to analyze relevant legislation and literature, aiming to uncover the inadequacies in existing legal provisions that fail to adequately protect the rights of mortgagees and tenants regarding compensation during such acquisitions. The legal framework governing land acquisition in Tanzania primarily focuses on holders of rights of occupancy while largely neglecting the rights of mortgage holders and tenants. The Land Acquisition Act empowers the President to acquire land, but it does not explicitly address how third-party interests are treated during this process. As a result, mortgagees and tenants often find themselves without recourse when their interests are extinguished without appropriate compensation. This oversight creates significant vulnerabilities for these stakeholders, who may lose their investments and housing without any legal recognition or financial redress. To address these challenges, the paper recommends critical amendments to existing laws to ensure that third-party interests, particularly those of mortgage holders and tenants, are recognized and compensated during compulsory land acquisitions. By establishing clear guidelines for compensation eligibility and enhancing legal protections for these groups, Tanzania can foster a more equitable land acquisition process that respects the rights of all affected parties. Ultimately, this study highlights the urgent need for legal reforms that will provide greater security and fairness for mortgage holders and tenants in Tanzania's evolving land tenure landscape.

Keywords : Compulsory Land Acquisition, Mortgage Holders, Tenants’ Rights, Compensation.

References :

1. Ansong, S. A., Compulsory Land Purchase and Compensation. Rev. Ghana L., 8, 28. 2021.
2. Baitani, M. Examination on the Laws Governing Compulsory Land Acquisition in Relation to Property Rights in Tanzania. Journal of Legal Studies & Research, 2022, pp. 53-72
3. De Maria, M., Robinson, E. J., & Zanello, G., Fair compensation in large-scale land acquisitions: fair or fail?. World Development, 2023, pp. 106-338.
4. Elong, S. Assessment of the challenges and effects of delays in compulsory land acquisition on the performance of road construction projects in Uganda (Doctoral dissertation, Kyambogo University). 2020.
5. Gutting, G., & Oksala, J. Michel Foucault. In EN. Zalta (Ed.), The Stanford Encyclopedia of Philosophy. Retrieved from https://plato.stanford.edu/archives/spr2019/entries/foucault   2019
6. Komu, F.J., “Conceptualizing Fair, Full and Prompt Compensation – the Tanzanian Context of Sustaining Livelihood in Expropriation Projects”, Vol. 2, Issue2, Journal of and Administration in Eastern Africa July 2014
7. Makupa, E., Matotola, U., & Alananga, S., Financing Compulsory Land Acquisition in Tanzania: Aligning Legal Requirements and Practices. The Journal of Building and Land Development, 2023, pp.1-19.
8. Mango, J., “An Overview of the Cadastral System in Tanzania”, WCS -CE, the World Cadastre Summit, Congress and Exhibition, Istanbul, 20^th  – 25^th   April, 2015, p.4
9. Ndjovu, C., “Understanding Causes of Dissatisfactions among Compensated Landowners in Expropriation Programs in Tanzania”, Vol. 5, Issue 1, International Journal of Scientific and Technology Research, January 2016
10. Oladokun, T. T., Improving Land Governance in Nigeria: The Case of Compulsory Acquisition and Compensation Practice. Journal of Civil Engineering and Architecture,2023, pp. 251-257.Top of Form
11. Osumanu, I "Compulsory land acquisition by government and litigations in Ghana: an empirical study of three educational institutions in Wa Municipality." Journal of Planning and Land Management,2020, pp. 1-11.
12. Tagliarino, N.K., “The Status of National Legal Frameworks for Valuing Compensation for Expropriated Land: An Analysis of whether National Laws of 50 Countries/Regions across Asia, Africa and Latin America Comply with International Standards on Compensation Valuation”, Vol. 6, Issue 37 June 2017.
13. Tenga, R.W. & Mramba, S.J., Conveyancing and Disposition of Land in Tanzania: Law and Practice, Nairobi: LawAfrica Publishing (K) Ltd, 2017