By Amadou Jadama
The Appeal Court of The Gambia recently ruled in favour of Momodou Lungs Jarju, the Alkalo of Banjulinding Village, who is the respondent in an appeal case filed by Lamin Jarju first appellant and Momodou Lamin Jarju second appellant.
The appeal case was presided over by Justice E F M’Bai(JCA), Justice O M M Njie(JCA) and Justice N Salla-Wadda(JCA).
The Jarjus were looking for a decision to overturn an earlier decision which decided that the said land belongs to the Alkalo on behalf the community.
In delivering his judgment, Hon Justice E F M’bai, lead Judge said going by the name of the suit, the respondent instituted this action at the lower court as plaintiff in his capacity as the “Acting Alkalo of Banjulinding Village for and on behalf of the community of Banjulinding.
“The basic rule under customary law is that land belongs to the village, communities or families with the chief or headman of the community or family as the manager or trustee holding the land for the use of the whole village, community or family,” he ruled.