Batokunku Homeowners File Lawsuit Against Government Alleging Land Confiscation and Discrimination

The Batokunku Home Owners Association (BHA) has initiated legal proceedings against the Gambian government, challenging what they describe as unconstitutional denial of their rights to develop their properties in Batokunku. The association is also seeking compensation for nearly 20 years of alleged arbitrary land confiscation.

The lawsuit, filed against the Minister of Local Government and Lands and the Attorney General, alleges that the government has perpetuated a policy of land confiscation that began during the administration of former President Yahya Jammeh. This policy, the BHA claims, has prevented its members from exercising full ownership and development rights over their legitimately acquired properties.

Representing 40 affected homeowners, the BHA contends in the originating summons that officials from the Ministry of Lands has consistently refused to grant permits for land development in Batokunku. They argue this constitutes a violation of their constitutional rights under Sections 22, 33, and 37 of the 1997 Constitution, which protect the right to property and prohibit discrimination.

The association is seeking several orders from the High Court, including: a declaration that the refusal to grant development permits is unconstitutional; an injunction compelling the Minister for Local Government and Lands to immediately issue all necessary permits and clearances; reimbursement of legal and administrative costs amounting to GMD 1,200,000; and compensation of GMD 12,000,000 for damages sustained.

The case has encountered procedural delays, including missed court dates and disputes over filings. However, the matter was recently heard by Justice Isatou Janneh at the High Court in Bundung.

During the hearing, State Counsel William Drammeh requested withdrawal of a previous preliminary objection filed on 30 April, proposing instead that the court consider a new motion submitted on 2 June. Senior Counsel Malick Jallow, representing the BHA, acknowledged receipt of the new motion but noted it had not been properly served on the court. Justice Janneh agreed, stating that without proper service, the motion could not be heard.

Counsel Jallow emphasized the state’s responsibility to ensure proper service, to which Drammeh apologized. Jallow also challenged the procedural validity of the motion, citing a Court of Appeal ruling regarding standards for such filings.

Justice Janneh adjourned the case to 16 July 2025 to allow the state to properly serve the new motion and for further hearing.

Supporting the lawsuit is an affidavit from Mamie Ceesay, a BHA member, outlining the history of the dispute. Ceesay states that BHA members purchased plots in Batokunku between 2006 and 2010 from the Alkalo and local landowners, holding valid title documents and making substantial investments in development. Some properties were fully constructed, others fenced, with several members already residing on-site. The affidavit also notes that members have regularly paid property rates to the Brikama Area Council.

The affidavit recounts that around 2000, former President Yahya Jammeh was allocated a large plot in the area but later ordered the confiscation of surrounding lands, including those owned by BHA members, without compensation. This led to forced demolitions and reports of arrests and mistreatment of some homeowners.

Despite the 2017 change in government, the affidavit states that the situation remains unresolved. The BHA claims repeated efforts to engage government ministries for redress have failed, with permit applications to rebuild denied even as property taxes continue to be collected.

Highlighting a perceived discriminatory practice, the affidavit points out that the Department of Lands and Physical Planning, which originally issued lawful titles to BHA members, now denies their development permits. Meanwhile, other residents in Batokunku reportedly continue to enjoy full use of their properties without interference.

The BHA also references recent restitution of confiscated lands to communities in Sifoe and Brufut as evidence of unequal treatment.

The association argues that this ongoing deprivation amounts to unlawful discrimination and seeks the court’s intervention to safeguard their significant financial investments and secure compensation for the hardship endured over the past two decades.