Civil Procedure Code at Gambia
The Gambia's civil litigation framework is primarily governed by the Civil Procedure Rules (CPR), which are part of the broader Courts Act (Cap. 6). These rules establish the procedures for civil cases in the High Court and subordinate courts. (Civil Procedure - Full Notes - my k THE GAMBIA LAW SCHOOL CIVIL PROCEDURE LIST OF MOST RELEVANT - Studocu, Gambia (The) 1996 (rev. 2004) Constitution - Constitute)
Key Aspects of Civil Procedure in The Gambia
1. Court Structure and Jurisdiction
High Court: Holds original jurisdiction over all civil and criminal matters and appellate jurisdiction over decisions from lower courts, excluding the Cadi Court.
Subordinate Courts: Handle civil cases within their jurisdiction, with appeals from these courts directed to the High Court.
Children’s Court: Specialized court for matters involving children, with appeals to the High Court. (Gambia (The) 1996 (rev. 2004) Constitution - Constitute, Procedure Of This Court | Judiciary of The Gambia)
2. Commencement of Civil Actions
Civil proceedings are initiated by filing a Writ of Summons accompanied by a Statement of Claim.
The defendant is required to file a Statement of Defence within 30 days of service.
Failure to file a defence within the stipulated time may result in the defendant being deemed to have no defence, allowing the court to proceed with the case based on the plaintiff's claim. (Republic of The Gambia - The Point)
3. Pre-Trial Procedures
After the exchange of pleadings, a Pre-Trial Conference is held to:
Address objections to the suit.
Determine the admissibility of evidence.
Identify and settle issues for trial.
Explore possibilities for an amicable settlement.
Set a timeline for the trial.
Determine costs associated with delays caused by any party. (Civil Procedure Assignment 2.docx - Civil Procedure Assignment 2 Faculty of law, University Of The Gambia. 21st/June/2022 INTRODUCTION In - College Sidekick, Republic of The Gambia - The Point)
4. Limitation Periods
Civil actions must be initiated within specific time frames, known as limitation periods, starting from the date the cause of action accrues.
For example, actions related to land title must be brought within 12 years, contract disputes within 6 years, and personal injury claims within 3 years.
Certain claims, such as those involving fraud or concealment, may not be subject to a limitation period. ((PDF) PRACTICE AND PROCEDURE; AN INSIGHT INTO THE GAMBIA CIVIL LITIGATION PROCESS " The effect of limitation periods in bringing an action in court " Introduction | ashu shamy - Academia.edu)
5. Enforcement of Foreign Judgments
The Reciprocal Enforcement of Judgments Act 2007 facilitates the enforcement of judgments from countries that accord reciprocal treatment to Gambian judgments.
A judgment creditor may apply to have a foreign judgment registered in The Gambia within six years from the date of the judgment or the last judgment in appeal proceedings. (Gambia | Addleshaw Goddard LLP)
6. Court Rules and Practice Directions
The High Court Rules and the Subordinate Courts (Civil Proceedings) Rules provide detailed procedures for civil litigation.
These rules are periodically amended, with the most recent amendments being in 2013.
Practice directions issued by the Chief Justice may also guide court procedures. (High Court | Judiciary of The Gambia, Civil Procedure - Full Notes - my k THE GAMBIA LAW SCHOOL CIVIL PROCEDURE LIST OF MOST RELEVANT - Studocu)
7. Alternative Dispute Resolution (ADR)
The Alternative Dispute Resolution Act 2005 encourages the use of ADR methods, such as mediation and arbitration, to resolve civil disputes outside of traditional court proceedings. (Civil Procedure - Full Notes - my k THE GAMBIA LAW SCHOOL CIVIL PROCEDURE LIST OF MOST RELEVANT - Studocu)
Accessing Civil Procedure Resources
For comprehensive information on civil procedure in The Gambia, you can refer to the official Judiciary of The Gambia website. This site provides access to court rules, regulations, and other relevant legal resources. (Procedure Of This Court | Judiciary of The Gambia)
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