The arbitrary State in the Uluguru mountains: legal arenas and land disputes in Tanzania

This article describes the interaction between citizens and the State legal system in the Uluguru mountains of Tanzania, an area where the higher rainfall allows for more intensive agriculture than in the surrounding plains, and where higher population densities and declining soil fertility have resulted in a massive migration to the cities. The consequent household pressures on very fragmented land often give rise to litigation. The study analyses the land disputes brought before the primary court of Mgeta between 12 May 1987 and 28 June 1988. It shows that although people invest in litigation, the State courts do not provide the required services in return. They frequently use procedural devices to procrastinate, and if they do make a decision, they avoid formulating general principles which could be applied in similar cases in the future. The end result is that the resources of the litigants are usually depleted without a definitive outcome that can serve particular local needs. Instead of protecting the continuity of property relations by regulating conflict, the State has threatened property by creating legal insecurity. One particular dispute is looked at in more detail, viz. that concerning the land left by Emmanuel Benda, which gave rise to a number of court cases. Notes, ref