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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 and and !ousing 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" $n filling this proceeding in the tribunal# the relevant document to be filled before the tribunal is an application which is to be in a prescribed form# which is found in the regulation as it is provided under rule 32 of the regulation of the Dispute and and !ousing Tribunal" The form is already prepared and is supposed to be filled by the complainant or his representative# the form is to be collected from the registrar of the land" !owever if there is any special issue that the tribunal might be informed application may be made in a way of chamber summons as provided under rule %3 thereby" b) The proper party and the cause of action The proper party to be sued in this dispute is &A'(T$)* who sold the piece of land to amec+" The cause of action that is a reason of suing &A'(T$)* 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 ,orogoro ,unicipal -ouncil 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 ,unicipal -ouncil after &austine 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 &.*D"

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A-T )/ 2 /& 2002" The and Dispute -ourts .egulation" 3 $bid

The other necessary party that to be sued is &.*D 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 1uestion so that to help the tribunal to reach into fair decision# among the thing which he is suppose to prove to what e2tent 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 include3 1" and recovery 2" .ecovery of %4 millions that was used to purchase that particular land 3" -ost of this suit"

TUMAINI UNIVERSITY IRINGA UNIVERSITY COLLEGE FACULTY OF LAW

COURSE:

COURSE CODE: 302

MODE OF ASSIGNMENT: 6./'7 A(($6),*)T DUE DATE: 21 8anuary# 2010 PARTICIPANTS: 1. KULWA GAMBA 2. JOSEPH BAJAGAE 3. ANGALA MALANDO 4. MSHANA, DOMINICK E. . YANGALAI OLE MKULAGO

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