The Customary Leaseholds (Enfranchisement) Act

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CHAPTER 377
THE CUSTOMARY LEASEHOLDS
(ENFRANCHISEMENT) ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
1. Short title.
2. Application.
3. Interpretation.
4. Enfranchisement of leaseholds.
5. Vesting of enfranchised leaseholds.
6. Extinction of rights of landlords.
7. Compensation for unexhausted improvement.
8. Functions of Tribunal.
9. Protection of members of Tribunal.
10. Agreement not to be at variance with this Act.
11. Regulations.
12. Repeal and saving.
SCHEDULE

of Tribunal.
9. Protection of members of Tribunal.
10. Agreement not to be at variance with this Act.
11. Regulations.
12. Repeal and saving.
SCHEDULE

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1. This Act may be cited as the Customary Leaseholds
(Enfranchisement) Act. 2. The provisions of this Act shall apply to the Kagera Region of
and to such other areas of Mainland Tanzania as the Minister
may, by notice published in the Gazette, declare to be areas to
which the Act shall apply. 3.–(1) In this Act, unless the context requires otherwise -
“effective date” means, in relation to the Kagera Region, the
date of the commencement of this Act and in relation to
any other area which is declared by notice under section 2
to be an area to which this Act shall apply, the date which
is expressed in such notice to be the date from which this
Act shall apply to such area or, if no such date is expressed
in the notice, the date of the publication of the notice in
the Gazette;
“enfranchised land” means land enfranchised by section 4;
“land” means any parcel of land held under customary tenure
and which is used wholly or mainly for or in connection
with agricultural, pastoral or mixed agricultural and
pastoral purposes;
Short title
Act No. 43 of 1969 s.

used wholly or mainly for or in connection
with agricultural, pastoral or mixed agricultural and
pastoral purposes;
Short title
Act No. 43 of 1969 s.

4
Application
Interpretation
Acts Nos. 43 of 1969 s. 2
19 of 1992 Sch. 2 of 2002 Sch. CHAPTER 377
THE CUSTOMARY LEASEHOLDS (ENFRANCHISEMENT) ACT
An Act to make provision for the enfranchisement of certain lands held
under customary land tenure, to provide for the grant of such lands to
the tenants and for related matters. [1st August, 1969]
[G.N. No. 207 of 1969]
Acts Nos. 47 of 1968
43 of 1969
19 of 1992
2 of 2002

t of such lands to
the tenants and for related matters. [1st August, 1969]
[G.N. No. 207 of 1969]
Acts Nos. 47 of 1968
43 of 1969
19 of 1992
2 of 2002

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THE CUSTOMARY LEASEHOLDS (ENFRANCHISEMENT) ACT [CAP. 377 R.E.

ved. No part of this book may be reproduced or distributed without permission of OAG.349
THE CUSTOMARY LEASEHOLDS (ENFRANCHISEMENT) ACT [CAP. 377 R.E.

2023]
“landlord” means the person who holds any parcel of land
under customary tenure and who has granted a tenancy
in respect of the land or any portion thereof to a tenant
and includes any person who, under any customary law,
is entitled to possession of a parcel of land occupied by
another person;
“Minister” means the Minister responsible for lands;
“tenant” means any person who holds any parcel of land
under a customary lease, sublease, an agreement for a
lease or sublease or an agreement for a tenancy, whether
such agreement be oral or in writing; and also means
a person who occupies land under a licence or any
arrangement whatsoever where he pays in cash or kind
for his occupation of the land to the landlord and includes
the person in occupation of parcel of land where some
other person is entitled to recover possession from him
under customary law, whether or not the person so in
occupation holds the land under any lease or agreement;
and “tenancy” shall be construed accordingly;
“Tribunal” means a District Land and Housing Tribunal
established under the Land Act;
“unexhausted improvement” means any thing or quality
permanently attached to the land directly resulting from
the expenditure of capital or labour by or on behalf of a
landlord and increasing the productive capacity, utility
or amenity thereof, but does not include the results of
ordinary cultivation save where the tenant has held or
occupied the land for a period of less than three years
immediately preceding the enfranchisement of that land.

tion save where the tenant has held or
occupied the land for a period of less than three years
immediately preceding the enfranchisement of that land.

(2) For purposes of this Act a parcel of land shall be deemed
to be held or occupied by a tenant if the tenant is in or entitled
to possession or occupation thereof otherwise than-
(a) as a servant of the landlord or any other person entitled
to possession of the land:
Provided that, this paragraph shall not apply to any such
servant who makes any payment in cash or kind for the
Cap. 113

ed
to possession of the land:
Provided that, this paragraph shall not apply to any such
servant who makes any payment in cash or kind for the
Cap. 113

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THE CUSTOMARY LEASEHOLDS (ENFRANCHISEMENT) ACT [CAP. 377 R.E. 2023]
possession of the land by him to any person; whether his
employer or otherwise entitled to possession thereof;
(b) as a trespasser:
Provided that, nothing in this paragraph shall apply to a
person who entered upon the land under licence. 4.–(1) On the effective date every parcel of land held by a
tenant shall be enfranchised and cease to be so held. (2) On and after the effective date, a person who holds any
parcel of land on customary tenure shall not grant any tenancy
of such land or any portion thereof, and every such grant
including any agreement for such grant, whether made before
or after the effective date, shall be void. 5.–(1) Subject to this section, enfranchised land shall vest in
the person who, immediately before the effective date, held
the land as tenant who shall hold the same on the terms and
subject to the incidents prescribed by regulations made under
section 11 for the area in which the land is situated.

ll hold the same on the terms and
subject to the incidents prescribed by regulations made under
section 11 for the area in which the land is situated.

(2) Where, in accordance with subsection (1), any
enfranchised land vests in any person who, immediately before
the effective date, held the land-
(a) on trust for any other person or purpose, the
enfranchised land shall vest in such first-mentioned
person on the like trust;
(b) subject to any incumbrance, interest, right, term or
condition (other than an incumbrance, interest, right,
term or condition which operates in favour of the
landlord) the enfranchised land shall vest in such first-
mentioned person subject to the like incumbrance,
interest, right, term or condition in so far as the same
is capable of having effect in accordance with the
regulations made under section 11. 6. On the effective date all rights in any enfranchised land of
any person as a landlord shall be extinguished and, save as is
provided by section 7, no compensation shall be paid to any
Enfranchisement
of leaseholds
Vesting of
enfranchised
leaseholds
Extinction
of rights of
landlords

by section 7, no compensation shall be paid to any
Enfranchisement
of leaseholds
Vesting of
enfranchised
leaseholds
Extinction
of rights of
landlords

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THE CUSTOMARY LEASEHOLDS (ENFRANCHISEMENT) ACT [CAP. 377 R.E. 2023]
such person for the loss of any enfranchised land or for the loss
of any incidents owed under or in accordance with the tenancy
by the tenant or any other person. 7.–(1) Where any land is enfranchised, the person who,
immediately before enfranchisement, held the land as the
landlord, shall be entitled to receive compensation from
the person in whom the enfranchised land is vested under
section 5 in respect of the unexhausted improvement of the
land effected by the landlord or by some other person or on
his behalf. (2) The amount of compensation and the manner in which
the same shall be paid shall be determined by the Tribunal
having jurisdiction over the area in which the land is situate. 8.

and the manner in which
the same shall be paid shall be determined by the Tribunal
having jurisdiction over the area in which the land is situate. 8.

A Tribunal shall, in relation to the area for which it is
established, have power to do all things which it is required or
empowered to do by this Act or by regulations made thereunder
and, without prejudice to the generality of the foregoing, shall
have power-
(a) to assess compensation payable to a landlord under
section 7;
(b) to determine whether or not any land is land to which
this Act applies;
(c) to determine whether or not any land has become
enfranchised by virtue of the provisions of this Act;
(d) to determine whether or not any person is a tenant
entitled to any land enfranchised in accordance with
the provisions of this Act;
(e) to determine any dispute relating to any enfranchised
land, whether such dispute is between the person
claiming to be the landlord and the person claiming to
be the tenant or between either of them and any other
person;
(f) subject to section 6, to make such orders for costs or
compensation as it may deem just;
Compensation
for unexhausted
improvement
Functions of
Tribunal
Act No. 2 of 2002 Sch.

make such orders for costs or
compensation as it may deem just;
Compensation
for unexhausted
improvement
Functions of
Tribunal
Act No. 2 of 2002 Sch.

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THE CUSTOMARY LEASEHOLDS (ENFRANCHISEMENT) ACT [CAP. 377 R.E. 2023]
(g) where any enfranchised land was, immediately before
enfranchisement, in possession of two or more tenants,
to partition the land for the purpose of allocation to the
tenants;
(h) at all reasonable times to enter and inspect any land for
purposes of carrying out any of its powers, duties or
functions under the provisions of this Act or regulations
made thereunder, and to authorise in writing any
person to exercise such power of entry and inspection
on its behalf;
(i) to make any order to give effect to any of the provisions
of this Act; and
(j) to make such orders as may be necessary for the ends of
justice in relation to any matter arising out of this Act. [s. 10]
9. A matter or thing done by any chairman, vice-chairman,
member, officer, servant or agent of a Tribunal shall not, if
done bona fide in the execution or purported execution of
the provisions of this Act or of regulations made there under,
subject him to any action, liability or demand whatsoever. [s. 14]
10.

ted execution of
the provisions of this Act or of regulations made there under,
subject him to any action, liability or demand whatsoever. [s. 14]
10.

Effect shall not be given by any court or Tribunal to any
agreement or contract or any term or condition thereof which
is at variance with any provision of this Act or of regulations
made thereunder. [s. 15]
11.–(1) The Minister may, in consultation with the Minister
responsible for legal affairs, make regulations prescribing the
terms and incidents of tenure of enfranchised land. (2) In addition to any other matter which may be included
therein, regulations made under this section may contain
provision, either expressly or by reference to any written law, for-
(a) the interests or rights which may exist in or be created
out of such land;
Protection of
members of
Tribunal
Act No. 2 of 2002 Sch. Agreement not
to be at variance
with this Act
Act No. 2 of 2002 Sch. Regulations
Act No. 2 of 2002 Sch.

of
members of
Tribunal
Act No. 2 of 2002 Sch. Agreement not
to be at variance
with this Act
Act No. 2 of 2002 Sch. Regulations
Act No. 2 of 2002 Sch.

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THE CUSTOMARY LEASEHOLDS (ENFRANCHISEMENT) ACT [CAP. 377 R.E. 2023]
(b) the devolution of any interests or rights therein on
death; and
(c) the disposal, inter-vivos, of the interests and rights
therein. (3) Regulations made under this section may be made in
respect of all the areas to which this Act applies or any area or
areas specified therein. [s. 16]
12.–(1) [Repeals the Nyarubanja Tenure (Enfranchisement)
Act.]
(2) Notwithstanding the repeal of the Act-
(a) every parcel of land enfranchised by the Act, shall
remain so enfranchised and shall be deemed to have
been enfranchised by this Act;
(b) a land vested in any person in accordance with section
5 of the Act, shall remain so vested and shall be deemed
to have vested in accordance with this Act;
(c) enfranchised land vested in a person appointed by
a court of competent jurisdiction or in the local
authority shall remain held on the like trust and shall
thereafter devolve in accordance with the customary
law pertaining to the area.

r in the local
authority shall remain held on the like trust and shall
thereafter devolve in accordance with the customary
law pertaining to the area.

(3) For the avoidance of doubt it is hereby declared that
the provisions of section 10 of the Interpretation and General
Clauses Ordinance shall have effect in relation to the Act, as if
that Act were an Ordinance repealed and replaced by this Act. [s. 17]
SCHEDULE
[Repealed by Act No. 2 of 2002 Sch.]
Repeal and saving
Acts Nos. 1 of 1965
2 of 2002 Sch. R.L. Cap. 1

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