By: Sainabou Sambou
In a landmark ruling that underscores the complexities of property ownership arising from dissolved romantic relationships in The Gambia, the High Court has split a valuable, developed parcel of land in Brufut between retired Scottish national Gordon Carey and Gambian ex-lover Abie Ndow on a 70-30 basis.
Justice Ebrima Jaiteh delivered the judgment on Thursday, dismissing Carey’s claims of sole ownership and his bid to evict Ndow from the premises that once served as their shared home. The decision brings to a close years of acrimonious litigation following the breakdown of the couple’s relationship, which began romantically in 2017 and evolved into a deeply intertwined domestic and financial partnership.
Counsel G. Bah appeared for Carey, the plaintiff in the original suit, while counsel B. Khan represented Ndow. The court consolidated two separate civil actions filed by the parties over ownership of a developed plot in Brufut, Kombo North District, including buildings, furniture, fittings, and a Quad Bike.
The case, which drew significant public interest due to its blend of foreign investment, customary practices, and equitable principles, highlighted how non-financial contributions in long-term relationships can influence property rights under Gambian law.
Romantic Beginnings and Joint Venture
According to evidence presented in court, Carey and Ndow first met in 2017 at Cape Point, where Ndow was running a small business selling fashion items and souvenirs to tourists. What started as a casual acquaintance quickly blossomed into a close romantic relationship that spanned several years. While Carey described Ndow as his girlfriend and companion, Ndow maintained that the union had progressed into an Islamic marriage officiated in Upper Niumi.
Though the legal validity of the marriage remained contested, Justice Jaiteh accepted testimony from Imam Alagie Mama Jallow of Kerr Mademba, who confirmed officiating an Islamic ceremony between the couple. Despite the absence of a marriage certificate or photographs and the Imam’s inability to recall the exact date, the judge found the witness credible. However, the court emphasized that the property dispute did not hinge on marital status but on principles of equity and contribution.
By 2018, the couple had begun searching for land in Brufut with the intention of building a permanent home together in The Gambia. Ndow played a pivotal role in identifying the suitable parcel and facilitating its acquisition. Carey, who was based primarily in Scotland, provided approximately £7,000 (equivalent to around D450,000 at the time) for the purchase.
Title documents prepared by the Alkalo of Brufut listed both Carey and Ndow as joint owners. This joint registration later became a point of contention, with Carey arguing it was included by mistake due to his belief that foreigners required a Gambian partner to own land. The court rejected this assertion outright.
Construction, Contributions, and Growing Tensions
Following the land purchase, the couple embarked on an ambitious construction project. Initial works involved a two-bedroom house built by Jalbak Design and Construction, with further improvements added later. Court documents showed that Carey financed the vast majority of the building and development costs. However, Ndow’s contributions were substantial in non-monetary terms: she supervised daily construction activities, coordinated labourers and contractors, monitored progress, and managed the property during Carey’s frequent absences abroad.
“Ndow devoted years of effort and commitment to the development and management of the property,” Justice Jaiteh noted in his ruling.
Disputes eventually surfaced over financial issues and the continued presence of Ndow’s family members, particularly her sister Amie Ndow, on the premises. Allegations of misconduct flew in both directions.
Carey claimed he was assaulted during an altercation, presenting photographs and medical receipts as evidence. Ndow denied the claims and accused Carey of verbal abuse and intimidation. The court ultimately dismissed these collateral issues for lack of sufficient proof.
The relationship fully collapsed, prompting Carey’s return to Scotland. Upon his later return to The Gambia, he discovered he had been locked out, with changed locks preventing access. Failed reconciliation attempts led Carey to file suit seeking exclusive ownership, eviction of Ndow, recovery of the Quad Bike, damages, and an injunction.
Ndow countered with her own suit, asserting the property was acquired and developed for their joint benefit and that she held equal ownership rights.
Judge’s Equitable Division
In a carefully reasoned judgment, Justice Jaiteh acknowledged that Carey had shouldered virtually all financial costs for purchase and development. Yet he stressed the importance of Ndow’s non-financial input: locating the land, facilitating acquisition, on-site supervision, and ongoing management.
“The property was acquired and developed during a close relationship and was intended to serve as a shared home,” the judge stated. “Denying Ndow any ownership interest would be unfair and contrary to principles of equity.”
After weighing both parties’ contributions, Justice Jaiteh awarded Carey a 70 percent beneficial interest and Ndow 30 percent. The court declared the pair remain joint legal owners on the title documents.
On the Quad Bike, the judge ruled it had been a completed gift to Ndow during the relationship and therefore belonged solely to her. Carey’s claim for its return was dismissed.
The court gave the parties 90 days to agree on either continued joint management of the property or its sale, with proceeds divided according to their shares. Should they fail to reach agreement, either side may apply for judicial valuation and sale.
All other claims—including assault, dishonesty, emotional distress, and trespass—were dismissed. Each party was ordered to bear their own legal costs.
As the 90-day window begins, the former couple must now decide the practical future of a property built on love, investment, and years of joint effort.
