John W. Bruce, Mark S. Freudenberger and Tidiane Ngaido (1995):
Old Wine in New Bottles:

6.1 Legal framework

The land tenure systems of The Gambia are complex, for they are composed of constantly changing norms and practices influenced by Western judicial concepts, Islamic religious values, and traditional beliefs and practices of the various ethnic communities in the country. These legal traditions coexist and interact to shape tenure arrangements to land and other natural resources. Tenure relations are dynamic and flexible due to the constant testing and revision of legal precepts through the court system and administrative practice. [FN 23]

The Lands (Provinces) Act has historically been the key land legislation of The Gambia. The act recognizes customary land-tenure arrangements, stating that "[the use of] land by the indigenes shall be governed and regulated by the customary laws obtaining in the localities in which such lands are situated." [FN 24] District authorities, including chiefs, headmen, elders, and traditional advisors, are given authority over customary tenure systems.

The principal corpus of Gambian national law related to tenure is inherited from the English common-law tradition. In general, this body of law develops through judicial decisions rather than from legislative enactments. Once a point of law has been settled by a senior court decision, it provides a precedent that other courts follow, and the rule can be altered only by a senior court for the most compelling reasons. Gambia case law deals with both the limited amount of land under imported freehold or leasehold tenures and land under customary tenure.