By Ramatoulie Jawo
Attorney General and Minister of Justice Dawda A. Jallow has outlined several factors contributing to delays in court rulings on land disputes. His remarks came in response to a question from the National Assembly Member for Serekunda, Hon. Musa Cham, who sought clarification on why land cases take so long to be adjudicated.
In his response, Minister Jallow acknowledged the concerns of both the National Assembly and the public, noting that delays in land case rulings are a serious issue that hampers access to justice, fuels disputes and undermines public confidence in the judiciary.
According to Minister Jallow, several complex and interrelated factors contribute to the prolonged resolution of land disputes in The Gambia.
“The prolong timeframe for resolving land disputes is due to a variety of complex and interrelated factors each contributing to the overall delays experienced in our courts.These factors include but are not limited to the following, the complexity of land cases Land disputes are inherently complex due to the multifaceted nature of land ownership and usage in the Gambia these cases often involved 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 system which can be time-consuming,” he said.
He noted that the complexity of land disputes is further exacerbated by the high value and emotional significance attached to land, often resulting in prolonged litigation.
Additionally, land cases are particularly susceptible to interlocutory applications, including injunctions, stay of orders, and motions challenging jurisdiction or procedural irregularities.
He emphasized that such applications frequently lead to additional hearings, slowing down the judicial process and diverting focus from the core issues of the case.
“Third the volume of evidence land disputes typically involved voluminous evidence including title deeds, surveys reports, witnesses testimonies and experts examination the court must carefully evaluate this evidence to ensure fair and just outcome,” he added.
He pointed out that the limited number of judges, magistrates, and court staff, combined with inadequate infrastructure and logistical challenges, places significant strain on the judicial system. This heavy caseload impacts the timely resolution of all cases, including land disputes.
Additionally, he noted that land cases frequently go through multiple appeals, as parties seek to challenge unfavorable rulings at higher judicial levels, further prolonging the litigation process.
The Minister of Justice reaffirmed the government’s awareness of these challenges and its commitment to implementing measures aimed at expediting the resolution of land disputes.
“Some of the initiatives include strengthening judicial capacity. Efforts are underway to increase the number of judges and magistrates particularly those specializing in land law,” he said
He stressed that the government remains committed to addressing these challenges through targeted reforms and capacity-building initiatives. Saying that they are confident that these efforts lead to a more efficient and effective judicial system.
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