“…Order 10, r.4 of the Customary Courts Rules (W.N. Laws of 1959, vol. 2, at p. 87 as amended in 1959) provides that- “The President shall record in the proper record book all oral evidence given before Grade A, Grade B and Appeal Courts; in courts of other grades such record of evidence shall be kept by the President or by the clerk.” The Customary Court of Appeal was of opinion that as the evidence taken at the inspection was not recorded until another day, the breach of the rule made the proceedings a nullity and Section 55 of the Customary Courts Law (vol. 2 at p. 58) was not a ‘panacea’ for all ‘ailments’. Section 55 provides as follows: “No proceedings in a Customary Court and no summons, warrant, process, order or decree issued or made thereby shall be varied or declared void upon appeal solely by reason of any defect in procedure or want of form but every court exercising powers of appeal under this Law shall decide all matters according to substantial justice without undue regard to technicalities.”
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