Civil Procedure Rules 2026

HANDBOOK FOR COURT USERS AND BUSINESSES

A Practical Guide to the High Court (Civil Procedure) Rules, 2026

For Publication by the Judiciary of The Gambia / Ministry of Justice

FOREWORD

The High Court (Civil Procedure) Rules, 2026 represent a significant modernisation of civil justice in The Gambia. The Rules introduce a case management system, stronger disclosure obligations, mandatory consideration of Alternative Dispute Resolution (ADR), technology-enabled proceedings, streamlined commercial litigation procedures, and more effective enforcement mechanisms.

This handbook is intended to help court users, businesses, investors, legal practitioners, public authorities, and self-represented litigants understand the operation of the Rules and their practical implications.

CHAPTER 1

THE PURPOSE OF THE NEW CIVIL PROCEDURE RULES

The Rules are founded upon a clear objective: the achievement of fair, efficient and effective justice. The Court must actively seek to:

• Expedite hearings;

• Enforce procedural timelines;

• Reduce unnecessary technicalities;

• Minimise costs;

• Treat litigants equally; and

• Encourage settlement and alternative dispute resolution. (Order 3 Rule 1)

Unlike the former procedural regime, judges are expected to actively manage cases and ensure that disputes progress efficiently from commencement to judgment. (Order 3 Rule 2)

What This Means for Court Users

Litigation is no longer intended to be driven solely by the parties. The Court has broad powers to:

• Set deadlines;

• Give procedural directions;

• Limit unnecessary evidence;

• Encourage settlement;

• Sanction procedural abuse.

(Order 3 Rule 3; Order 35)

CHAPTER 2

ACCESS TO JUSTICE

The Rules expressly promote equal access to justice.

The Court must ensure:

• Equal treatment of all litigants;

• Interpretation facilities where required;

• Fair treatment of persons unable to speak English;

• Meaningful participation of self-represented litigants.

(Order 3 Rule 1(2))

Persons may appear:

• Through legal practitioners; or

• As litigants in person.

(Order 5 Rule 1)

The Rules also allow certain family members, employees or authorised representatives to appear for litigants unable to attend court for good reason, subject to court approval. (Order 5 Rule 2)

CHAPTER 3

BUSINESSES AND CORPORATE LITIGATION

Businesses constitute a significant category of court users.

The Rules generally require a company or corporation to be represented by a legal practitioner. However, a court may authorise a director or officer to represent the company where appropriate. (Order 5 Rule 5)

Good Corporate Practice

Businesses should maintain:

• Board resolutions;

• Corporate registers;

• Financial statements;

• Contracts;

• Employment records;

• Supplier documentation;

• Regulatory filings.

Such documents often become central evidence during litigation and disclosure. (Order 12 Rule 9; Order 43)

CHAPTER 4

BEFORE COMMENCING A CLAIM

One of the most important reforms is the emphasis on pre-action dispute resolution.

Except where excluded by the Rules, proceedings must generally be accompanied by an ADR Pre-Trial Protocol Certificate confirming that the parties explored settlement options before filing. (Order 11 Rule 24)

Parties Should Consider:

• Negotiation

• Mediation

• Expert evaluation

• Arbitration where available

• Other settlement mechanisms

The objective is to reduce the cost and delay associated with litigation. (Order 3 Rule 1(f); Order 37)

CHAPTER 5

COMMENCING PROCEEDINGS

Civil proceedings may begin by:

1. Writ of Summons

2. Originating Summons

3. Originating Motion

4. Petition

(Order 11 Rule 1)

Writ of Summons

Used principally for:

• Commercial disputes;

• Contract breaches;

• Torts;

• Fraud claims;

• Personal injury matters;

• Land rights disputes.

(Order 11 Rule 4)

Originating Summons

Used where the case primarily involves:

• Legal interpretation;

• Construction of documents;

• Questions of law;

• Mortgage disputes.

(Order 11 Rule 5)

CHAPTER 6

FILING DOCUMENTS

Court documents must contain:

• Full case title;

• Names of parties;

• Contact information;

• Signatures;

• Date of filing.

(Order 6 Rule 4)

The Rules permit:

• Physical filing;

• Postal filing;

• Electronic filing where authorised.

(Order 6 Rules 6 and 10)

Electronic signatures are recognised. (Order 6 Rule 5)

CHAPTER 7

SERVICE OF COURT DOCUMENTS

Service is fundamental because a court cannot ordinarily proceed against a party who has not been notified.

The Rules permit service by:

• Personal service;

• Registered post;

• Email;

• Courier services;

• Court-approved alternative methods.

(Order 8 Rule 4)

The Rules also establish detailed provisions for:

• Service on companies;

• Service on government ministries;

• Service on partnerships;

• Service outside The Gambia.

(Orders 8–10)

CHAPTER 8

CASE MANAGEMENT (ORDER 35)

Why Case Management Matters

Case management is the cornerstone of the new civil justice system.

The Court exercises active control over litigation to ensure that cases are resolved fairly and efficiently. (Order 35)

Typical Case Management Powers

The Court may:

• Fix timetables;

• Set deadlines;

• Identify issues in dispute;

• Limit unnecessary evidence;

• Direct disclosure;

• Order ADR;

• Consolidate proceedings;

• Strike out abusive claims.

(Order 35)

Business Implications

Businesses should expect judges to scrutinise:

• Delays;

• Procedural non-compliance;

• Discovery failures;

• Tactical litigation conduct.

The focus is on efficient dispute resolution rather than procedural manoeuvring.

CHAPTER 9

CASE MANAGEMENT CONFERENCES (ORDER 36)

Case Management Conferences (CMCs) help the Court:

• Clarify the real issues;

• Narrow disputes;

• Fix procedural timetables;

• Explore settlement opportunities.

(Order 36)

Parties attending a CMC should arrive prepared to discuss:

• Evidence;

• Witnesses;

• Expert reports;

• Settlement prospects;

• Trial duration.

CHAPTER 10

ALTERNATIVE DISPUTE RESOLUTION (ORDER 37)

Order 37 reflects the policy that litigation should be a last resort.

The Court may encourage or direct parties to explore:

• Mediation;

• Negotiation;

• Conciliation;

• Other ADR mechanisms.

(Order 37)

Advantages for Businesses

ADR often provides:

• Faster resolution;

• Lower legal costs;

• Greater confidentiality;

• Preservation of commercial relationships.

CHAPTER 11

DISCLOSURE OF DOCUMENTS (ORDER 43)

Disclosure is one of the most important obligations in civil litigation.

Parties must reveal documents relevant to issues in dispute, whether those documents support or undermine their case. (Order 43)

Examples

Businesses may need to disclose:

• Contracts;

• Emails;

• Board minutes;

• Financial records;

• Internal reports;

• Audit materials.

(Order 43)

CHAPTER 12

EVIDENCE

Evidence is governed principally by:

• Order 44 (Evidence Generally);

• Order 45 (Affidavit Evidence);

• Order 47 (Experts and Assessors);

• Order 48 (Witnesses and Depositions).

Best Practice

Parties should:

• Preserve records early;

• Identify witnesses promptly;

• Avoid destruction of relevant documents;

• Obtain expert evidence where appropriate.

CHAPTER 13

PRE-TRIAL PROCEDURES (ORDER 53)

Before trial, the Court may:

• Review evidence;

• Define issues;

• Confirm witness attendance;

• Resolve procedural objections.

(Order 53)

The objective is to ensure that trials proceed efficiently and focus only on genuine disputes.

CHAPTER 14

TRIALS (ORDER 54)

The trial is where the Court finally determines disputed facts and law.

Trial proceedings may involve:

• Oral testimony;

• Documentary evidence;

• Expert evidence;

• Cross-examination.

(Order 54)

Technology and Trials

The Court may permit:

• Video-conference hearings;

• Electronic evidence presentation;

• Digital communication systems.

(Order 3 Rule 8)

CHAPTER 15

JUDGMENTS (ORDER 58)

After hearing the evidence, the Court may issue:

• Final judgments;

• Interim judgments;

• Declaratory relief;

• Monetary awards;

• Injunctions;

• Costs orders.

(Order 58)

A judgment becomes enforceable through the enforcement mechanisms contained in Part 15 of the Rules.

CHAPTER 16

DECLARATORY RELIEF

A party may seek a declaration of rights even if no monetary claim is pursued.

The Court may issue binding declarations regarding:

• Contractual rights;

• Property rights;

• Statutory rights;

• Corporate rights.

(Order 11 Rule 11; Order 60)

CHAPTER 17

COSTS OF LITIGATION

Orders 89 and 90 govern costs.

Litigation expenses may include:

• Filing fees;

• Lawyers' fees;

• Expert fees;

• Witness expenses;

• Enforcement costs.

Parties should understand that procedural misconduct may significantly affect costs awards.

CHAPTER 18

ENFORCEMENT OF JUDGMENTS (ORDER 65)

A judgment is only valuable if it can be enforced.

Order 65 establishes methods of enforcement, including:

• Writs of execution;

• Garnishee proceedings;

• Charging orders;

• Appointment of receivers;

• Judgment summons procedures.

(Orders 65–72)

CHAPTER 19

GARNISHEE PROCEEDINGS (ORDER 70)

A creditor may seek recovery through debts owed to the judgment debtor by another person, including banks.

(Order 70)

This remedy is commonly used in commercial and debt recovery litigation.

CHAPTER 20

RECEIVERSHIP (ORDER 71)

The Court may appoint a receiver to:

• Manage assets;

• Preserve property;

• Realise value for creditors.

(Order 71)

This is particularly important in complex commercial disputes.

CHAPTER 21

COMMERCIAL DIVISION (ORDER 85)

The Commercial Division is specifically designed for business and investment disputes.

Cases may include:

• Banking disputes;

• Insurance matters;

• Shareholder disputes;

• Corporate governance claims;

• Commercial contract disputes;

• Trade disputes.

(Order 85)

Benefits

The Commercial Division seeks to provide:

• Specialist judicial management;

• Faster resolution;

• Predictable commercial outcomes.

CHAPTER 22

INTERNATIONAL AND CROSS-BORDER BUSINESS DISPUTES

The Rules contain extensive provisions regarding:

• Service outside The Gambia;

• Foreign defendants;

• International contracts;

• Foreign judgments.

(Order 10; Order 83)

This supports The Gambia's role in international commerce and investment.

CHAPTER 23

ENFORCEMENT OF FOREIGN JUDGMENTS

Special procedures exist for:

• Recognition of foreign judgments;

• Enforcement of Gambian judgments abroad.

(Order 83)

This is particularly important for international business transactions.

CHAPTER 24

APPEALS (ORDER 91)

Parties dissatisfied with a decision of the Lower Court may appeal to the High Court in accordance with Order 91.

The appellate process promotes:

• Correction of legal errors;

• Consistency of decisions;

• Development of the law.

(Order 91)

CHAPTER 25

NON-COMPLIANCE WITH THE RULES

The Rules contain powers enabling the Court to deal with non-compliance.

Consequences may include:

• Costs sanctions;

• Striking out proceedings;

• Refusal of relief;

• Other procedural orders.

(Order 99)

CHAPTER 26

PRACTICAL CHECKLIST FOR BUSINESSES

Before commencing litigation:

✅ Attempt ADR.
✅ Preserve all relevant documents.
✅ Identify witnesses.
✅ Obtain internal authority.
✅ Assess settlement options.
✅ Consider disclosure obligations.
✅ Budget for costs.
✅ Seek legal advice early.
✅ Review limitation periods.
✅ Ensure compliance with filing requirements.

CHAPTER 27

PRACTICAL CHECKLIST FOR COURT USERS

✅ Follow court directions promptly.
✅ Keep copies of all documents.
✅ Maintain current contact details.
✅ Attend hearings and conferences.
✅ Respect deadlines.
✅ Explore settlement where possible.
✅ Preserve all evidence.
✅ Comply with disclosure obligations.
✅ Read all court orders carefully.

CONCLUSION

The High Court (Civil Procedure) Rules, 2026 introduce a modern, efficient, and business-friendly framework for the administration of civil justice in The Gambia. Through active case management, mandatory consideration of ADR, enhanced disclosure obligations, specialist commercial procedures, and effective enforcement mechanisms, the Rules seek to ensure that disputes are resolved fairly, proportionately, and without unnecessary delay.

This handbook is intended to serve as a practical reference for all court users and should be read alongside the High Court (Civil Procedure) Rules, 2026, any applicable Practice Directions, and relevant legislation.