By Louise Jobe
The Foni Bondali District Tribunal on Thursday, 17 April 2025, continued hearing the land dispute between the Badjie Kunda Family of Kanjibato village and the Sanyang Kunda Family of Chabai village.
Presided over by Chief Omar Colley, the latest session saw a significant moment as Kebuteh Sanyang, the current Alkalo of Chabai and head of the Sanyang Kunda Family, cross-examined the plaintiff, Mr. Baba Badjie of the Badjie Kunda Family.
Their ancestors entrusted the case, which began earlier this month, centers around a contested parcel of land that the Badjie Kunda Family claims to the Sanyang Kunda Family during the early days of settlement in Kanjibato. The Sanyang Kunda Family, however, firmly denies the claim, asserting longstanding ownership of the land through continuous possession.
During Thursday’s session, Alkalo Kebuteh Sanyang questioned Mr. Badjie on the origins of the alleged land agreement. He asked the plaintiff to specify when and under what circumstances the land was entrusted to the Sanyang family, and who had witnessed the arrangement. In response, Mr. Badjie clarified that his earlier testimony had not mentioned a formal entrustment but rather stated that the Badjie Kunda Family owned the land and had permitted strangers, specifically Wollof settlers, to inhabit it.
Mr. Sanyang further pressed Mr. Badjie, asking whether the land was previously inhabited before the arrival of these settlers. Mr. Badjie replied that while no one was residing there, his uncle, Alagie Ensa Sanneh, used the land for farming purposes.
The cross-examination also touched on a personal interaction between the two family heads. Mr. Sanyang asked Mr. Badjie to elaborate on an earlier claim that Mr. Sanyang had acknowledged the Badjie family’s ownership of an area known as Marato, now referred to as Fass Chabai, before later betraying that acknowledgment. Mr. Badjie recounted an incident where he and his brothers visited Chabai village in a pickup truck, during which Mr. Sanyang allegedly advised him to be cautious with the Wollof settlers and warned him not to disclose plans to build a house in the area.
Further questioning focused on the traditional protocols surrounding land use. Mr. Sanyang asked Mr. Badjie how he and his family sought access to the disputed land for farming activities. Mr. Badjie explained that he and his brother, Ismaila Badjie, would first visit the late Chief Ebou Colley, offering him kola nuts as a customary gesture, before proceeding to Chabai village to meet members of the Sanyang Kunda Family with similar offerings.
When asked to specify the year in which the Badjie Kunda Family allegedly permitted the Sanyang Kunda Family to settle on the disputed land and the individuals present at the time, Mr. Badjie admitted that he could not provide exact dates or names, noting that this information was passed down to him by his parents.
At this point, Chief Omar Colley intervened, asking Mr. Badjie whether he had any evidence to support his claims. Mr. Badjie responded that he had witnesses ready to testify in court. Chief Colley further inquired whether Mr. Badjie would be able to produce written documentation if required. Mr. Badjie affirmed that he could provide documents to support his claims if the court requested them.
The tribunal emphasized that both oral testimonies and written evidence would be critical in reaching a fair judgment. As the proceedings continue, the court expects both parties to present their witnesses and any documentary evidence to substantiate their respective claims.
The case, which has attracted widespread attention within the region, highlights the challenges in adjudicating land disputes in rural Gambia, where reliance on oral history, customary practices, and evolving settlement patterns often complicates questions of ownership.
The hearing is set to resume this week with the plaintiff expected to begin calling his witnesses.
