Legal Framework for the Use of Alternative Dispute Resolution in Disputes Arising from the Absence of Spousal Consent in Matrimonial Land Transactions in Tanzania

In Tanzania, land is one of the most valuable assets, which is also essential for both family welfare and economic security. Although the law requires spousal consent during the disposal of matrimonial property, disputes arising from land sale transaction without spousal consent are still common especially in urban areas like Kinondoni and Ubungo municipalities. These disputes normally involve conflicting claims between spouses, banks, innocent purchasers and land authorities. Court litigation is often expensive, time consuming and procedurally complicated which restrict effective access to justice. Alternative Dispute Resolution (ADR) like mediation, conciliation, negotiation and arbitration, has received more recognition as successful methods of dispute settlement mechanisms in land and family matters under the Civil Procedure Code, the Land Disputes Courts Act and the Arbitration Act. However, there are limited studies that examined ADR effectiveness in resolving disputes arising from the absence of spousal consent in matrimonial land transactions. This paper also assesses the effectiveness of Alternative Dispute Resolution (ADR) in Tanzania, and critically examines the legal framework governing spousal consent and ADR in Tanzania. It contends that although alternative dispute resolution (ADR) has benefits like cost reduction, fast resolution and the maintenance of family ties, its effectiveness is compromised by limited public awareness, uneven application, unequal bargaining power and insufficient legal protection for vulnerable spouses. The article concludes by making recommendation for institutional and legal reforms such as improved public legal education on spousal property rights, integration of ADR within land administration and specialized trainings for mediators.