The formal court system includes the Supreme Court, Court of Appeal, High Court and subordinate courts or tribunals. The High Court has unlimited first-instance jurisdiction and also hears appeals. Ordinary civil appeals generally move from a subordinate court to the High Court, then to the Court of Appeal and ultimately the Supreme Court. Cadi Courts and the Cadi Appeals Panel form a separate Sharia-based system for Muslim civil status, marriage, divorce, inheritance, donations, testaments and guardianship, subject to the Cadi Courts (Civil Procedure) Rules 2010. Private contracts can create rights that a court can enforce. The research does not establish a general requirement to register every private contract. Government contracts and memoranda of understanding are handled by the Civil Litigation and International Law Department of the Attorney General’s Chambers and Ministry of Justice, which also negotiates or mediates settlements and represents the Government in civil matters. Land and property matters often require careful document checks. The Deeds Registry operates under the Lands (Registration of Deeds) Act 1980 and can register deeds, conveyances, wills, contracts and other land instruments. Certified copies and registry extracts can provide evidence and notice of registered instruments. The Ministry of Lands and the Department of Lands and Survey administer land matters. The National Land Policy 2026–2035 describes customary, freehold and leasehold interests, but also records a fragmented, mainly paper-based system with limited access. Land information systems, titling and digitisation are policy goals and should not be treated as fully implemented legal arrangements. Land disputes may proceed through ordinary courts, local or traditional processes or the Alternative Dispute Resolution Secretariat, depending on the matter and the parties. Inheritance depends on the deceased person’s circumstances and applicable legal system. The Curator of Intestate Estates may administer an intestate estate, and may also become involved where an executor is absent or probate or letters of administration with a will annexed have remained unresolved for more than six months. A typical application can require Form D, a death certificate, children’s birth certificates and a marriage certificate or affidavit. A Gazette notice normally allows 14 days for responses before a High Court administration order. Urgent administration without notice can be possible where delay risks loss, destruction or additional costs. Muslim succession follows the relevant Cadi or Sharia process. Wills and land instruments may also require Deeds Registry action. Civil liability claims can include negligence, conversion and breach of contract. The usual civil standard is the balance of probabilities. A claimant must plead and prove the facts of negligence, and special damages require specific pleading and strict proof. Damages for breach of contract compensate proven loss rather than providing an automatic payment. Civil proceedings normally involve a Statement of Claim, a Defence, service, pleadings and evidence. If service is proved and the defendant does not appear, the court may proceed on the claimant’s evidence, but the claimant still has to prove the claim. The Alternative Dispute Resolution Secretariat operates under the Alternative Dispute Resolution Act 2005 and the 2006 amendment. Negotiation, mediation, conciliation and arbitration can provide less formal ways to resolve a dispute, with the main offices at Old Jeshwang, Farafenni and Basse. Elders, Alkalolou, chiefs, pastors and imams may also help as informal intermediaries, but their involvement does not automatically have the same legal effect as a court judgment. The legal effect and enforceability of an ADR outcome depend on the procedure and the agreement reached. The National Agency for Legal Aid, established under the Act 2008, has its headquarters in Banjul and centres in Basse and Farafenni. Civil legal aid can be available case by case under the Legal Aid (Early Criminal and Civil Assistance) Rules 2021, including for contentious probate, child welfare or abduction, domestic-violence-related disputes and other matters involving sufficient importance, urgency or need. Eligibility should be confirmed with NALA or the Civil Legal Aid Panel. Court fees, lawyer’s fees, registration or stamp charges, surveys, valuations, Gazette notices and enforcement costs may arise, and no single current public fee table covers every civil matter. A 2024 National Dialogue reported about 13,000 court cases and roughly 150 cases per judge, so the duration of litigation varies and delays can occur. After judgment, the Sheriff and bailiffs carry out formal enforcement. Available measures can include a writ of possession for land, attachment and sale, or a writ of fieri facias for money or property. A judgment creditor must use the formal enforcement process; private self-help execution is not permitted. An appeal does not automatically suspend enforcement, so a stay may need to be sought. Property ownership receives constitutional protection subject to lawful limits and compensation, while parties must respond to served proceedings, prove their claims and comply with court orders.
Civil law in Gambia
Civil law in The Gambia governs legal relationships between private persons and organisations, including contracts, property, family matters, inheritance and compensation for harm. The Gambia does not have one unified civil code: formal civil law draws on the 1997 Constitution, Acts, English common law and equity, while customary law and Sharia operate in parallel in relevant matters. Courts, tribunals, mediation services and traditional institutions provide different ways to resolve disputes.
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