scholarly journals RESOURCE STRUGGLE, RESULTANT REALITIES AND THE FUTURE OF MARAGOLI LAND USE

2020 ◽  
Vol 3 (2) ◽  
pp. 45-59
Author(s):  
Alex Amisi Muhandale
Keyword(s):  
Land Use ◽  
Land Tenure ◽  
Customary Law ◽  
General Level ◽  
Economic Resource ◽  
The Future ◽  
Challenges And Opportunities ◽  
Single Moment ◽  
Land Tenure System ◽  
Cash Economy

Land has remained one of the most basic and valuable economic resource right from the pre-colonial to the post independent Kenyan society. The success or failure of every society is always pegged on how prudent the society manages the resources within its reach in the midst of changes, challenges and opportunities that time and space avails every single moment. Being part of the Kenyan society, the Maragoli community has never been left out of the land question that has troubled Kenya over time. The pre-colonial Maragoli society had a land tenure system which was characterized by communal control of land together with its resources and practiced individual land ownership. Though land was communally owned at the general level, it was individually owned and tilled at the family level. The basis of land administration was the customary law executed by the elders who had the overall powers over the production resource. Through colonial policies such as alienation of the Africans’ land, confiscation of livestock, introduction of taxes and the cash economy; all these mechanisms brought about disequilibrium in the Maragoli pre-colonial land use. With this in mind therefore, this paper examined the nature and realities in resource struggle and the future of such struggles especially in regard to land use in the post-independence Kenya, using the case of the Maragoli. Through the articulation theory, this paper demonstrates that the interaction between the pre-colonial Maragoli land use practices and the colonial land policies greatly impacted on the Maragoli socio-economic and political structures. Due to the cash crop economy, the traditional Maragoli communal attitudes towards land as a resource are fading out resulting into individual emphasis on land use. This individual emphasis on land use is the major cause of uneconomical subdivision of land, insecurity and increased poverty. It is from the above perspective that the paper analyses the post-independence Maragoli land situation, some of the key causes of uneconomical subdivision of land and the possible solutions.

Benefits of Agro Forestry Land Use in Nsukka Local Government Area, Enugu State, Nigeria

2018 ◽  
Vol 1 (1) ◽  
pp. 1-15
Author(s):  
Ugwuoke Chukwuchebe Obiajulu ◽  
Opata Ifeyinwa Patience ◽  
Ihedioha Nice Nneoma ◽  
Ume Chukwuma Otum
Keyword(s):  
Land Use ◽  
Land Tenure ◽  
Entire Study ◽  
Forestry Practices ◽  
Male Head ◽  
Land Tenure System ◽  
Basic Infrastructure ◽  
The Right ◽  
Agro Forestry ◽  
Entire Study Area

The natural environment of the Nsukka, is characterized by a combination of trees and grasses in different proportions. This readily provides conducive conditions for the combined cultivation of annual crops and perennial crops, or trees. But, some factors might have stalled the espousal and practice of agro forestry in Nsukka; this is because Nsukka until recently was generally inaccessible and lacked basic infrastructure. These have contributed negatively to result in wastage of farm products especially during harvest periods, and consequent loss of income to the farmers. The broad aim of the study was to analyze agro forestry land use practices of Nsukka farmers, assess the benefits, and draw up lessons and recommendations for sustainable agro forestry development in community-based forestry projects by describing the socioeconomic characteristics of farmers, determining the type of agro forestry practiced in the area, identifying the reasons for farmers’ participation in agro forestry practices, identifying the constraints to sustainable agro forestry in the area and the measures for tackling the constraints and determining the benefits of agro forestry to participating farmers and their communities at large. The results of the study showed that most farmers sale greater part of their produce as the only source of income and most farmers spend less because they use animal dropping as a source of fertilizer. The land tenure system of the entire study area is largely by inheritance, and land use is determined by the male head and, on whom the right of usage is vested. Similarly, the ownership, sponsorship and management of agro forestry farms are largely by the families.  

Trees and farm boundaries: farm forestry, land tenure and reform in Kenya

Africa ◽  
1995 ◽  
Vol 65 (2) ◽  
pp. 217-235 ◽  
Author(s):  
Peter A. Dewees
Keyword(s):  
Land Use ◽  
Land Tenure ◽  
High Potential ◽  
Customary Law ◽  
Colonial Administration ◽  
Farm Forestry ◽  
Land Reforms ◽  
Land Holdings ◽  
Customary Practices ◽  
Economic Considerations

Tree cultivation and management are a common form of land use in high-potential areas of Kenya. While some of these practices are related to economic considerations, such as markets and prices for specific tree products, others were derived from or developed in parallel with customary practices. This article traces the origins of contemporary demarcation practices in Kikuyu areas of Kenya, involving the planting of trees in hedges and windrows, from their customary antecedents. Customary law prescribed clear mechanisms for demarcating land to which rights of use had been acquired. These mechanisms, characterised principally by the planting of particular trees on the boundaries of land holdings, were given limited recognition by the colonial administration, and were subsequently incorporated (without any clear awareness of their customary role) in the contemporary body of land law which emerged as a result of the land reforms of the early 1960s. Land reforms tended to obscure customary distinctions between rights of control to trees and rights of use and access, by equating rights of control with rights of ownership. The result has been that rights of use and access, which had been guaranteed to the landless under customary law, were, for the most part, eliminated.

Land Problems in Some Peri-Urban Villages in Botswana and Problems of Conception, Description and Transformation of “Tribal” Land Tenure

1992 ◽  
Vol 36 (2) ◽  
pp. 140-167 ◽  
Author(s):  
Clement Ng'ong'ola
Keyword(s):  
Land Tenure ◽  
Significant Proportion ◽  
Customary Law ◽  
African Countries ◽  
Colonial Era ◽  
Land Tenure System ◽  
Tribal Land ◽  
Customary Land ◽  
Land Control ◽  
Crown Lands

In Botswana, as in several other African countries with a similar historical experience, a dual or plural land tenure system was carried over from the colonial era. The bulk of the land falls within the category of “tribal land”. It is predominantly held and occupied by indigenous peoples under customary notions of land tenure. The State also holds as “State land” a fairly significant proportion which fell under the category of “Crown lands” during the colonial era. A tiny proportion now falls within the category of “freehold land”. This is predominantly held and occupied in conformity with common law notions and conceptions imported into the country with colonial rule. To some extent both State land and freehold land are held under or governed by “received law”, in contradistinction to tribal land which is largely held under customary law.In 1968, barely two years after independence, the Botswana parliament enacted legislation which attempted to reform customary land tenure by replacing existing customary or tribal institutions of land control and administration with statutory land boards. These started operating in 1970, and it soon became apparent from early assessments that even this limited and cautious programme of reform would not escape some of the problems associated with land transformation exercises elsewhere in Africa.

Access to Land and Legal Security of Tenure: Implications and Impact on Rural Development in Abia State, Nigeria

2021 ◽  
Vol 7 (2) ◽  
pp. 15-21
Author(s):  
J. C. Nwobi ◽  
◽  
M.A Alabi ◽  
Keyword(s):  
Land Tenure ◽  
Primary Source ◽  
Secondary Data ◽  
Town Planning ◽  
Customary Law ◽  
Land Access ◽  
Statutory Law ◽  
Land Tenure System ◽  
Legal Security ◽  
Customary Land

In the rural and communal settings, land rights are culturally attached to indigenous peoples in Nigeria, especially the inhabitants of the southern part of the country. Culturally, the customary land tenure system has generic value and security in such ways that it could be transferred from one owner to owner without restrictions. Security of land tenure is a vital ingredient that enhances the transferability of greater altitudes of investment. The study adopted a random sampling method and selected 1,061 house-owners and administered a set of structured questionnaires that contained questions that probed into issues on their accessibility to land and legal security of tenure. Another set of questionnaires was differently designed to elicit information from other stakeholders (Land managers, Town planning Agencies, Community/Family Heads, etc). Data obtained from the primary source were subjected to empirical analysis. The data were also complemented by secondary data. The findings revealed the socio-economic characteristics of the house-owners, means and duration of the period of land acquisition, determinants of access to land, and the implications on the securing planning permission, construction of illegal structures and the quality of construction. Finally, the paper recommended that tenure security in customary areas can be enhanced through the formalization of customary tenure. Governments should facilitate this process, initially where there is a demand for formalization. There is a need to harmonize reform efforts across customary and statutory law, regulations. Keywords: Land, Access to Land, Security of Tenure, Statutory law, Customary law, Rural Land.

scholarly journals ACCESS TO URBAN AGRICULTURAL LAND IN IBADAN, NIGERIA

2018 ◽  
Vol 16 (8) ◽  
Author(s):  
Bolanle Wahab ◽  
Ayobami Popoola ◽  
Hangwelani Magidimisha
Keyword(s):  
Land Use ◽  
Land Tenure ◽  
Agricultural Land ◽  
Local Planning ◽  
Open Spaces ◽  
Family Land ◽  
Land Tenure System ◽  
Urban Local Government ◽  
Structured Questionnaire

Efficient allocation of spaces for all activities is a pivot role of planners in human settlements development. The rapid and unplanned growth of Ibadan has limited farmers’ access to land for urban agriculture purposes, especially in the urban local government areas (LGAs). This study examined urban farmers’ access to land for farming and the activities of local planning authorities in terms of land allocation for farming in Ibadan. A structured questionnaire was administered to 244 urban farmers, while key-informant interviews were conducted with the officials of local planning authorities and departments of agriculture in the urban LGAs in Ibadan. The study revealed that the scarcity of land for farming has subjected over 30% of the respondents to practice farming on family land, while 17% farmed on available open spaces, including floodplains; land along mountain ridges; land under power lines, and institutions’ lands. The barriers to expanding urban farmland identified by farmers included finance, the unavailability of land in the urban area, neglect of farming and land tenure system. The study recommended the enactment of a planning policy for the classification and integration of agricultural land use as a recognised land use component in urban physical development and zoning plans.

scholarly journals Land tenure and conflict resolution: a game theoretic approach in the Narok district in Kenya

2004 ◽  
Vol 9 (3) ◽  
pp. 383-407 ◽  
Author(s):  
HANS M. AMMAN ◽  
ANANTHA KUMAR DURAIAPPAH
Keyword(s):  
Land Use ◽  
Land Tenure ◽  
Land Ownership ◽  
Theoretic Model ◽  
Theoretic Approach ◽  
Information Structures ◽  
Institutional Reforms ◽  
Asymmetrical Information ◽  
Land Tenure System ◽  
Game Theoretic

Many conflicts in many parts of the developing world can be traced to disputes over land ownership, land use and land degradation. In this paper, we test the hypothesis that information asymmetries among various principals within these countries in land tenure and market systems have caused marginalization of some principals by the others. A sustained process of marginalization driven by these asymmetries has inevitably caused the disadvantaged to revolt resulting in many cases in violent clashes. In this paper, we develop a game theoretic model to test our hypothesis by analyzing the complex interdependencies existing among the various principals in the Narok District in Kenya. Violent clashes have been increasing in the district since the first outbreak in 1993. Preliminary results seem to confirm our hypothesis that asymmetrical information structures among the various principals over land and agricultural markets could have been the catalytic forces for these conflicts. In order to reduce these discrepancies, we recommend two institutional reforms. The first involves the adoption of a hybrid land tenure system whereby land ownership is based on individual titles while the use and sale of the land is governed by communal rules established by a community participatory proceeds. The second recommendation involves the formation of an information network comprising of all principals with the main objective of it being a forum for exchange of ideas and information pertaining to land use options and the opportunities offered by the market system.

scholarly journals The Environmental Effect of Land Use in the Tenure Systems in Ghana

2016 ◽  
Vol 64 (6) ◽  
pp. 1889-1897 ◽  
Author(s):  
Libor Grega ◽  
Emmanuel Kofi Ankomah
Keyword(s):  
Land Use ◽  
Land Tenure ◽  
Rural Areas ◽  
Cross Sectional ◽  
Land Acquisitions ◽  
Tenure System ◽  
Form Part ◽  
Land Tenure System ◽  
Soil Depletion ◽  
Negative Impacts

This paper examines the land tenure system in Ghana and its impact on the environment. The main forms of land tenure systems are explained and the positive and negative impacts of each of these forms on the environment analysed. Specific attention is devoted to deforestation and soil depletion. The complex problems of land acquisition in Ghana, and the inherent insecurity effects on farming, which is considered to be the most important economic activity in the rural areas are examined. The analyses and the result proved that the insecurity of land tenure system has a direct relationship with the environment. Cross-sectional data analyses establishes that traditional forms of land acquisitions, ownership and land use form part of the main causes of environmental degradation in Ghana.

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