from
inhuman
treatment
punishment or other treatment
protection 22.
from deprivation
of property
(1)
No property of any description shall be taken possession of
compulsorily, and no right over or interest in any such
property shall be acquired compulsorily in any part of The
Gambia, except where the following conditions are
satisfied:
(a)
(b)
(c)
(2)
the taking of possession or acquisition is necessary
in the interest of defense, public safety, public
order, public morality, public health, town and
country planning, or the development or utilisation
of any property in such manner as to promote the
public benefit; and
the necessity therefore is such as to afford
reasonable justification of the causing of any
hardship that may result to any person having any
interest in or right over the property, and
provision is made by law applicable to that taking
of possession or acquisition(i)
for the prompt payment of adequate
compensation; and
(ii)
securing to any person having an interest in
or right over the property, a right of access
to a court or other impartial and independent
authority for the determination of his or her
interest or right, the legality of the taking of
possession or acquisition of the property,
interest or right, and the amount of any to
which he or she is entitled, and for the
purpose of obtaining prompt payment of that
compensation.
Nothing in this section shall be construed as
affecting the making of any law in so far as it
provides for the taking or acquisition of property
(a)
(b)
(c)
(d)
in satisfaction of any tax, rate or due;
by way of penalty for breach of law,
whether under civil process or after
conviction for a criminal offence;
as an incident of a lease, tenancy mortgage,
charge, bill of sale, pledge or contract;
by way of the vesting or administration of
trust property enemy property, bona
vacantia, or the property of persons