Gov’t considers establishment of special court for land cases
The minister for Justice, Hon. Dawda A.A. Jallow has revealed before legislators that the government is currently reviewing the land legislations and policies, stating that it may consider establishing a special court for land issues.
The Justice Minister was responding a question as to why rulings on land cases at courts take long. He explained that land disputes are inherently complex due to the multifaceted nature of land ownership and usage in The Gambia.
“These cases often involve multiple parties with competing interests, including families, communities, and investors. Additionally, land cases frequently require the examination of historical records, survey plans, and customary land tenure systems, which can be time consuming. The complexity is further compounded by the fact that land is a highly valued and emotive asset, leading to protracted litigation,” he further explained.
“Land cases are particularly prone to interlocutory applications such as injunctions, stay of orders, and motions challenging jurisdiction and procedural irregularities.”
“These applications often result in additional hearings and slow processes by diverting attention from the substantive issue at hand. Furthermore, the diligence of legal counsel on both sides can significantly impact the pace of proceedings as well.”
“Delays in filing necessary documents, failure to meet court deadlines, or requests for adjournments by counsel can all contribute to the slow progress of the cases.”
“Land disputes typically involve voluminous evidence, including title deeds, survey reports, witness testimonies, and experts’ examinations. The court must carefully evaluate this evidence to ensure a fair and just outcome. This process is inherently time intensive, especially when parties submit additional evidence during the trial, or when expert witnesses are required to testify.”
“Our courts, particularly the lower courts and district tribunals, are burdened with a high volume of cases across various legal demands. The limited number of judges, magistrates, and court staff, coupled with inadequate infrastructure and logistical challenges, further strain the judicial system. This heavy caseload affects timely resolution of all cases, including land cases as well,” he underscored.
“Government fully acknowledges the concerns expressed by this August Assembly and the public regarding delays in adjudicating land cases.”
“These delays are a matter of serious concern as they hinder access to justice, exacerbate tension among parties, and undermine public confidence in the judicial system,” he acknowledged.
Source: The Point
