NATIVE LAW AND CUSTOM MUST BE PLEADED

The burden of proof of customary law is on the party asserting its existence. See Usibiafo v. Usibiafo (2005) 3 NWLR (Pt.913) 665 at 684; Sokwo v. Kpongbo (supra). It has been established through plethora of cases that it is extremely important that native law and custom must be pleaded and strictly proved by credible...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

APPEAL FROM CUSTOMARY COURT OF APPEAL TO COURT OF APPEAL MUST RELATE TO CUSTOMARY QUESTION

Pam vs. Gwom (2000) FWLR 9Pt.1) 1 at 12 that: “The right of appeal from the Customary Court of Appeal to the Court of Appeal is as of right and must relate to any question of Customary Law and/or such other matters as may be prescribed by an Act of National Assembly that can extend...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

CUSTOMARY LAW IS PART OF NIGERIAN LAWS WHEN PROVED

The cases cited by learned Counsel for the parties namely Esugbayi Eleko v Officer Administrating the Government of Nigeria; In Re Whyte; Cole v Cole; Nwokoro v Onuma; Buhar of Kaligeri v Bornu Native Authority; Laoye v Oyetunde, deal with elementary principles of our customary law jurisprudence to wit that customary laws are part of...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

A STATUTE WILL NOT APPLY TO CUSTOMARY LAW

Distinguishing these cases from the instant case, the Court of Appeal correctly held that the marriage between P.W.1 and the appellant was shown to be under native law and custom. In further distinguishing the cases, the Court of Appeal referred to the facts. In Rimmer v. Rimmer (supra) both husband and wife were wage earners....

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

CUSTOMARY LAW IS A QUESTION OF FACT TO BE PROVED

It is well settled that customary law is a question of fact to be proved by evidence. See Section 14 of Evidence Law. Hence a party who alleges the existence of a particular custom must adduce sufficient evidence in support and to establish its existence to the satisfaction of the court. See Inyang v Ita...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

CUSTOMARY LAW IS LAW, AND NOT ARBITRARILY

The importance of customary law vis-a-vis Customary Courts to adjudication process or administration of justice system in Nigeria cannot be over-emphasized. The sui generis nature of Customary Courts vis-a-vis the practice and procedure thereof have also been alluded to above. Regrettably, ever since the emergence of the sociological ideas of Roscoe Pound, with particular regard...

This content is for PAYMENT - 1-DAY and PAYMENT - 1-MONTH members only.
Login Join Now

PATERNITY ACKNOWLEDGED CHILD WILL SHARE IN ESTATE

Reach more audience. Place advert here.

Was this dictum helpful?

NATIVE LAW AND CUSTOM MUST BE PLEADED

APPEAL FROM CUSTOMARY COURT OF APPEAL TO COURT OF APPEAL MUST RELATE TO CUSTOMARY QUESTION

CUSTOMARY LAW IS PART OF NIGERIAN LAWS WHEN PROVED

A STATUTE WILL NOT APPLY TO CUSTOMARY LAW

CUSTOMARY LAW IS A QUESTION OF FACT TO BE PROVED

CUSTOMARY LAW IS LAW, AND NOT ARBITRARILY