Civil Litigation
Our experienced counsels are specialized in both Sharia and law. Clients rely on Warsame Law counsels in all matters relating to a wide range of disputes and all kinds of civil litigation, including but not limited to the following areas:
- Property Disputes
Property disputes are mostly litigated in penal or civil proceedings at the Somali courts. Meanwhile, such disputes are sometimes settled through alternative dispute resolution processes. Critical situations might arise when there are disputes over the title or possession of the same property. Such disputes may have lesser effect when they relate to the boundaries between two properties. It can be said that both situations might be resulted into a challenging legal encounter.
In the following paragraphs we will enlighten some useful points relating to property disputes:
- Definition of a Property Dispute
A property dispute is defined as a form of legal proceedings that contain real estate. Main categories of property disputes mainly include discord around property title, legal possession, construction, repairs and compensation over property damage. A property dispute might be related to any kind of real estate including constructed pieces of land as well as empty lots and occupied public roads. Some property disputes might involve criminal charges. The people who can be involved in property disputes might include private individuals, companies, government agencies as well as other entities.
- Real Estate Contracts
Contracts related to real estate can be considered as sources of obligations. The subject of such contracts might be linked to the purchase, sale or lease of real estate. The obligations that arise from purchase agreement might include the payment of the selling price by the homebuyer to the seller on one hand and the transfer of property title by the seller to the homebuyer. Meanwhile, the obligations that arise from contracts of lease might include that the landowner transfers the possession of the property to the leaser and repairs the property. Meanwhile, the obligations of tenants might include the timely payment of the rent and keeping the property on its situation at the time of the rent. As these are reciprocal obligations, any party who does not perform their obligations might be found in situations of breach of contract with bearing any further liability for damages for the losses suffered by the other party.
- Real Estate Fraud
Some real estate transactions might involve a fraud that relates to forged documents of property title or other manifestations of illicit fact. Such transactions are considered invalid as the offended party has the right to compensation.
- Boundary Disputes
Such category of property disputes frequently involves the owners of properties with interconnected boundaries. According to the provisions of land concession laws in Somalia, every owner of a plot of land has the duty to leave 0.5 meter for the construction, repair, cleaning etc. services of interconnected properties.
- Prevention of Property Disputes
To prevent potential disputes, you have to consult an experienced advocate or notary public before you decide to buy a house or plot of land for the purpose of investment or estate development. Lawyers and public notaries will check the property chain of property deeds and any relevant documents. as they will guide you on how you avoid property disputes in the future. As regards the map and the correct location of the property, you can consult a technician from the Local Government. Therefore, you have to follow the advices by such technician and legal guidance offered by the advocate and the public notary to avoid forged property titles or other defects of the property documents and wrong location.
- Steps To Take When You Face A Property Dispute
You may face a property dispute when you discover that someone is occupying your property and claiming its title. If that happens, you have to find the details of such individual(s) and then start your case by filing a case within the competent court. Before you do so, you may opt to either submit your case to the relevant local authority for eventual conciliation or start an alternative dispute resolution. These are the initial steps that make easy the things for you.
Meanwhile, when you decide to open your case within the competent court you might need to hire a real estate lawyer who will set up the legal grounds of the case. In some situations, Both title and possession of immobile properties are always subject to disputes, while there are some cases which only involve either the title or the possession.
Such disputes are mostly resolved either through court proceedings or alternative dispute resolutions (ADR). Warsame Law counsels are available to assist you in both ways, as they can represent you in civil litigation and provide you with suitable solutions in ADR.
- Land Lord and Tenant Disputes
We provide assistance to clients over a wide range of matters relating to landlord and tenant disputes, such as advising on:
- Conflicting terms of tenancy agreements.
- Eviction of tenants.
- Disputes on rent arrears.
- Disputes on rent increase.
- Breach of tenancy agreements.
- Resolution of tenancy agreements.
- Disputes over property subletting.
- Disputes on property destruction.
- Disputes on property disrepair.
Meanwhile, our lawyers provide litigation service for both landlord and tenant whom cases are filed within the first instance competent courts. Our services also include the submission of appeals or responses to appeals submitted to the Regional Appeal Courts. Finally, we represent landlords and tenants before the Supreme Court when complaints against the sentence of appeal courts are being considered by it. In such a situation, we present to the Supreme Court the legal grounds of the case so that Judges get convinced that our clients are on the right track.
- Disputes on Breach of Contract
Contractual disputes typically arise when a party does not comply with the terms of a contract or does not perform their side of its obligations under a contract. In such an instance, this may give rise to a claim for breach of contract.
Contract disputes may arise if the terms in the contract are confusing or if the agreement is written in a way that is not clear or straightforward. The process of solving contract disputes can be lengthy and expensive, so it is essential to identify these potential causes early and avoid them whenever possible
- Personal injury claims
We are the leading personal injury advocates in Mogadishu. We have worked on large volume of complex personal injury cases over the years. We understand that suffering injuries from an accident that wasn’t your fault can be traumatic experience.
Our personal injury advocates are fully aware that following an accident, most people only have an instinctive view that they have a claim and not the level of compensation they can get to settle their claim. Warsame Law recognises that, in some cases, to even deciding who to sue can be a problem. As one of the largest firms of personal injury advocates in Mogadishu, Warsame Law can save you time and money by identifying the defendants and all relevant legal issues.
The legal issues involved in proving negligence or other torts or breaches of statutory duty are not straightforward or easily grasped by the public. Our highly specialized, experienced and dedicated team of personal injury compensation claims advocates is focused on making the process as simple and easy to understand as possible.
The personal injury team at Warsame Law is highly experienced to understand the rules that apply to commencement of proceedings and statements of claim. To discuss whether your claim is likely to succeed and to get an assessment of the value of your claim call our personal injury advocates on ===
Our personal injury advocates have extensive experience and can:
- Provide tailored service to every client as an individual.
- Help you to claim and settle with the appropriate level of compensation.
- Handle your claim from pre-action protocol to settlement in or out of court.
- Represent you in court litigation when required.
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For more information relating to all matters on civil litigation, please call us on +252617006415
E-mail: info@warsamelaw.so