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Legislation in Juba, South Sudan is based primarily on Common Law and Sharia (Islamic Law), but also recognises customary laws followed by diverse ethnic groups in the country. Litigation thus involves a diverse range of civil as well as criminal disputes. This includes business disagreements, personal injury claims, property disputes, contract disputes, family law related confusion, and more. With the ongoing establishment and re-establishing of laws and legal infrastructure in South Sudan, understanding legal processes and litigation rights can be challenging. Therefore, consulting with a local well-versed lawyer could be highly beneficial.
At times, people may encounter situations that require legal litigation help. This could be due to conflicts related to family law, such as divorce or custody conflicts, challenges in business transactions or contracts, labour and employment issues, personal injury claims or even criminal charges. In any of these cases, having a competent lawyer can help to navigate the complex legal processes, consult and advise on the best possible routes, and even represent you in court.
Juba, being the capital city of South Sudan, adheres to national statutory and constitutional laws. These laws include the 2008 Judiciary Act that outlines judicial structures and powers, and the 2011 Transitional Constitution, the supreme law of South Sudan. Particularly pertinent to litigation scenarios are civil procedure rules, criminal procedures, as well as personal laws like those set for marriage, divorce, child custody and inheritance. The enforceability of contracts, the legality of certain business practices and property disputes, require a detailed understanding of these laws.
Litigation in Juba encompasses various areas, including but not limited to, family disputes, business conflicts, contract disagreements, criminal charges, property conflicts, and personal injury claims.
The legal system comprises of statutory law, customary law and religious law. The statutory is organised in hierarchical order: constitutional law, legislation, subsidiary legislation, and common law.
Engaging a lawyer is generally recommended as they can help you understand your rights, evaluate your case, guide you through the complex legal processes and represent you in court if necessary.
The length of the litigation process varies depending on the complexity of the case, the court's schedule, and procedure-related factors. Your lawyer will provide a more specific timeline based on your situation.
Costs may typically include lawyer's fees, court fees, and potentially, damages if the case does not rule in your favour. The exact costs vary depending on the complexity and length of the case.
Resources you may find helpful in this context include the South Sudan Law Society (SSLS), local universities offering legal courses, such as the University of Juba’s Faculty of Law, and governmental bodies like the Ministry of Justice and Constitutional Affairs, and the Judiciary of South Sudan.
If you find yourself needing legal assistance, it is advisable to first identify your legal issue clearly. Subsequently, seek and consult with a professional lawyer to understand your legal rights, processes, potential outcomes, and develop a strategy. Ensure you have collected all necessary documents and information, which will be required within the litigation process.
