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See Also:
- CUSTOMARY LAW - Application of Customary Law - Position of the law on the applicability of customary law to disputes
" The clear provisions of Section 20(1) are that the local customary law of a place is the appropriate customary law applicable in land matters in that area." Per COKER,…
- ELECTORAL MATTERS: Legal Position on Finality of Court of Appeal Decisions on Election Petitions
"Section 246 (3) of the Constitution is very obvious and clear on the nature of the appeal in this matter wherein the decision of the Court of Appeal in appeals…
- CUSTOMARY LAW - Customary Sale of Land - Conditions for the transfer of absolute title under customary law
"... in order to transfer an absolute title to land under native law and custom, it is necessary that such a sale should be concluded in the presence of witnesses…
- INTERPRETATION OF STATUTE - Section 53 of The Customary Courts Law, 1959 - Interpretation of Section 53 of the Customary Courts Law, 1959 as regards exercise of appellate jurisdiction in civil matters from Customary Courts
"The matter is not free from difficulty but can rightly be approached by an understanding of Section 53 of the Customary Courts Law, Cap. 31 (Laws of the Western Region…
- EVIDENCE - PROOF OF CUSTOM/CUSTOMARY LAW - Position of the law as regards proof of customary law in relation to oath taking in land matters:
"On the first issue, [Whether the respondents established by cogent evidence the custom that a family member who defends family land by oath taking automatically became the exclusive owner of…