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kiwi
Sweden
662 Posts |
 Posted - 17 Jun 2009 : 15:36:53
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The thing is that my Gambian ex-husband bought a piece of land in the Gambia a couple of years ago. Once someone borrowed it for cultivation but there has not been any interest for it later, neither has he been able to build a house yet.
Now he has been told by some family members that another man has taken possession of the land claiming that he bought the land during the -90`. My ex-husband, very upset now, says that he has all the documents needed from magistrate in Brikama (or something like that), while the other person at least so far has not brought forward any documents.
I would really appreciate if someone could tell how to tackle this problem. Should he report to the police? Go to Brikama magistrate with his document? Or rather, ask his brother go there as he himself is not in Gambia. A hasty trip there should be avoided as a regular ticket this time of year costs a fortune.
I think there was a posting to this Bantaba some time ago quite detailed reviewing how to proceed when buying land and what documents are needed but I have not been able to find it. Maybe the author of it could find it for me?
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kiwi |
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toubab1020
12314 Posts |
Posted - 17 Jun 2009 : 16:29:09
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Try this, I know it's not exactly what you want but there might be something useful for you,its a starting point I am sure others can find more links for you.
http://www.gambia.dk/forums/topic.asp?TOPIC_ID=6085 |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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kiwi
Sweden
662 Posts |
Posted - 17 Jun 2009 : 17:32:59
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| Thanks for that so far, Toubab. I hope someone can tell me how to go further. |
kiwi |
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sab
United Kingdom
912 Posts |
Posted - 18 Jun 2009 : 00:33:54
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Hi, try looking back to Land issue's under General - 2nd April 2006 - could be my posting you remembered.
sab.
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The world would be a poorer place if it was peopled by children whose parents risked nothing in the cause of social justice, for fear of personal loss. (Joe Slovo - African revolutionary) |
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toubab1020
12314 Posts |
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kayjatta
2978 Posts |
Posted - 18 Jun 2009 : 08:01:29
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quote:
Originally posted by kiwi
The thing is that my Gambian ex-husband bought a piece of land in the Gambia a couple of years ago. Once someone borrowed it for cultivation but there has not been any interest for it later, neither has he been able to build a house yet.
Now he has been told by some family members that another man has taken possession of the land claiming that he bought the land during the -90`. My ex-husband, very upset now, says that he has all the documents needed from magistrate in Brikama (or something like that), while the other person at least so far has not brought forward any documents.
I would really appreciate if someone could tell how to tackle this problem. Should he report to the police? Go to Brikama magistrate with his document? Or rather, ask his brother go there as he himself is not in Gambia. A hasty trip there should be avoided as a regular ticket this time of year costs a fortune.
I think there was a posting to this Bantaba some time ago quite detailed reviewing how to proceed when buying land and what documents are needed but I have not been able to find it. Maybe the author of it could find it for me?
There may be a few things to consider here first:
1. does your ex actually has ownership documents to the land in dispute?
2. are there documents that establish the terms of occupancy and usage of the land between your ex and the person who was cultivating the land?
3. How long ago is "a couple of years ago"? Different people ascribe different meanings to this phrase.
These questions above are important because not only your ex has to establish valid title to the land (see question 1 above), but the length of time he allowed someone else to occupy and claim his land (adverse possession)without challenging him is material to his continued ownership or lack of ownership to the land in dispute. Of course all these has to be considered in reference to Gambian laws.
What also you could do as a starting point is to go to the applicable "land office" (Local Government and Lands, perhaps ...)and do a research on the title records of this particular land in dispute. A real estate attorney could easily do this for you.
This and the other information I have given above could give you the necessary information and tools to decide how to proceed with this matter.
Warning: This is not a legal advice. Kayjatta is not an attorney and cannot give legal advice. If anyone needs legal advice please consult a licensed attorney. |
Edited by - kayjatta on 18 Jun 2009 08:11:09 |
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kiwi
Sweden
662 Posts |
Posted - 18 Jun 2009 : 08:53:31
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Thanks Sab and Toubab, I will look at the posting.
Kayjatta,
1. My ex says he has a valid document, as mentioned above
2. The person who cultivated the land for one year is not the same person who now claims that he has bought the land
3. 4-5 years, I think.
I am not familiar with all the details, he was so upset when he told me so I have to ask more.
PS. Sab - that is the posting I was looking for
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kiwi |
Edited by - kiwi on 18 Jun 2009 08:58:30 |
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kayjatta
2978 Posts |
Posted - 18 Jun 2009 : 09:52:53
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Thanks Kiwi but please do not get me wrong. I am just
trying to get to the bottom of the matter so I could give
an opinion (not legal advice) as what needs to be done.
There is a story of an attorney who would ask his wife several detail questions whenever she comes home to report on a major issue for example after taking the car to a mechanic. The frustrated wife will throw her hands in the air and ask him "now are you cross-examining me?". Cross-examining (cross-examination) is a question and answer technique attorney's use in court to extract information from (unfriendly) witnesses. Now cross-examining a spouse on routine life issues is a little too extreme, but ask any seasoned attorney or judge, they all understand that people lie, and people lie a lot when their important interest is at stake. That is why courts verify statements for accuracy and factuality. There is perhaps a good reason why spouses (or persons who are or were romantically involved)are often not good witnesses for or aginst each other.
Now you said "my ex says he has a valid document...". depending on whether you have an interest in the said land he may or may not be telling the truth.
You also said "the person who cultivated the land for one year is not the same person who claims that he has bought the land". I did not actually say that the two persons are the same. I was just interested to know whether your ex has seen people using his land without his written permission and did not say or do anything to assert his ownership within a certain period of time pursuant to Gambian laws. Considering also the nature of the cultivation of the land, whether it is annual use (short term crops) or perennial use (long term crops, trees, waterways, etc) his ownership claim could be further complicated ...
Warning: again this is not a legal advice. Kayjatta is not an attorney.... |
Edited by - kayjatta on 18 Jun 2009 10:04:46 |
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kiwi
Sweden
662 Posts |
Posted - 18 Jun 2009 : 16:51:01
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When writing my first posting I considered whether it would be wise to mention that he was my ex-husband or just someone I know. I obviously made a “wrong” choice. To be honest does not always pay.
So - don´t get me wrong Kay, but this issue has nothing to do with quarrelling ex-spouses or lying ex-spouses. I have known him long enough and been ex long enough to know that there is no reason for him to lie in this issue. He tells me the truth in the way he knows it. If it appears that he has been ridiculed remains to be seen.
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toubab1020
12314 Posts |
Posted - 18 Jun 2009 : 17:06:56
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Nothing to do with me I know but its good to see that you are still friends |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Lily
United Kingdom
422 Posts |
Posted - 18 Jun 2009 : 21:22:08
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Hi
Someone needs to take the documentation to the brikama Area council to have it validated. the best person would be the person who owns the land. Next best - his brother - but with a letter from your ex giving him audthority to act on his behalf.
I have had a couple of friends who have had problems with land - sometimes the land is sold twice; sometimes someone claims the right to the land because they have been cultivating it and the owner is not there. So - to settle - someone needs to go to Brikama fairly quickly (although they may have to hang around all day!)
Good luck. |
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kiwi
Sweden
662 Posts |
Posted - 18 Jun 2009 : 21:51:42
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| Thanks Lily, that sounds wise. |
kiwi |
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jambo
3300 Posts |
Posted - 19 Jun 2009 : 16:21:09
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Kiwi, ask yourself this how much is the landed worth in solid dollar, euro, dls, pound sterling swedish currency, is it worth today.
If you have an interest declare and get the land valued. the reason i say this, not sure where the ex is, but to go to court could cost more than the land is worth. solicitors fees will add up and they will say the same thing, who has papers and who has had them the longest, who bought legally, did you your ex buy it from a legal person who had the right to sell.
Also when your ex bought was there a clause that said you had to build within a couple of years.
BUT my reason for asking this, somewhere along the line, the ex or the person who bought are looking for money, two people bought land, WHEN AND FROM whom. It cannot be the land alone, there is other land in Gambia. you have two choices GO TO gambia and see, or just pass on the information. but mark my words money will come into the equation pretty soon. |
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toubab1020
12314 Posts |
Posted - 19 Jun 2009 : 18:09:17
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Jambo wrote:
" but mark my words money will come into the equation pretty soon."
This is Gambia so nothing new there then,Oh yes its now about the start of the rainey season, nobody has money then,but how to get it  .......... Hmmmm......... |
"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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Edited by - toubab1020 on 19 Jun 2009 18:11:52 |
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kiwi
Sweden
662 Posts |
Posted - 20 Jun 2009 : 07:39:05
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It´s good to see that so many toubabs and some other have offered helpt to a Gambian brother!
Lilly (or someone) please, how should this letter of authority be written? "I, AA; give my brother BB authority to...?" I am not very familiar with that kind of English vocabulary, if you could help me out. |
kiwi |
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toubab1020
12314 Posts |
Posted - 20 Jun 2009 : 08:01:49
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Still going on !
D40, 000 Fraud Case Lands Man In Court
africa » gambia
Friday, June 19, 2009
One Abdou Kumanding Krubally was on 17th June, 2009 arraigned before Magistrate Basiru Mahoney of the Kanifing Magistrates’ Court, for allegedly obtaining money by false pretence, contrary to Section 288 of the Criminal Code.
The alleged offence stated that in the month of August and October 2008, in Serekunda with intent to defraud, the accused obtained from one Modou S. Bayo, the sum of D40, 000 with the representation that the said amount was meant for the allocation of a plot of land, which representation was false. He pleaded not guilty.
He was granted court bail in the sum of D50, 000 with two Gambian sureties who must swear to an affidavit of means and the photocopy of their national ID cards to be deposited to the Assistant Registrar, together with their addresses and telephone numbers.
Prosecutor 319 Jobe was the Prosecuting Officer.
The case was adjourned to 1st July, 20 2009.
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"Simple is good" & I strongly dislike politics. You cannot defend the indefensible.
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