15th of April 2026 | ESS Team of Mediators
A land dispute involving Juto Ally vs. Lucas Komba and Aloyce Msafiri Musika, concerning Title No. 781/13 at Mwananyama, Kinondoni District, was resolved through mediation after 17 years of litigation.
Juto Ally filed High Court Civil Case No. 98/2009 in 2009, claiming ownership of the land. On 30 June 2015, the High Court ruled that Aloyce Msafiri Musika was the owner. Dissatisfied with the decision, Juto pursued the matter before the Court of Appeal through different cases including the Civil Application No. 84/2017 and another civil application No. 484/2019.
Juto passed away on 18 November 2025 without recovering the land.
In 2026, Juto's administrators namely Said Mzee Mselem and Leonard Emmanuel Mtepa filed a new case, which was again struck out for non-compliance with Section 13 of the Civil Procedure Code, RE 2023, which requires parties to undergo mediation before proceeding with litigation.
During Tanzania's first-ever ADR Week 2026, the parties approached ESS Creative and Legal Foundation, an Accredited Mediation Institution under the Ministry of Constitutional and Legal Affairs. ESS registered the dispute as Mediation No. 27/2026 on 15 April 2026 and conducted it at the High Court Mediation Center.
The dispute was resolved on the same day. The mediation was conducted by Erick Mukiza, Executive Director and Accredited Mediator, and Godliving John Mambo, Accredited Mediator. Government stakeholders also participated, including Advocate Sara Francis Amandus, the State Attorney representing the Attorney General, the Registrar of Titles and Commisioner of Lands represented by Mr. Godfrey Kobelo, and Advocate Thomas Brash, representing Aloyce Msafiri Musika.
Under the settlement, Aloyce Msafiri Musika agreed to compensate the Juto family financially while retaining the land. The parties shook hands, marking the restoration of relations between the two families.
The Lesson
This case demonstrates the practical benefits of mediation when parties, government officers and ADR stakeholders collaborate. Mediation can reduce costs, save valuable time, resolve disputes efficiently, and restore relationships that may have been damaged by prolonged litigation.
After 17 years in litigation, a dispute that had remained unresolved was settled in one day through outside the court mediation.
