Characteristics Of customary Law

Question 1

Binding

Answer 1

Has to be accepted by the people in the society as binding
Cause people just follow it
It’s widely recognized
The courts just confirm it

Question 2

Justice Bairman

Answer 2

A mirror of accepted usage

Question 3

Lord Atkin

Answer 3

A custom must sgill be recognized by the people for it to remain lae

Question 4

Varies

Answer 4

Varies from community to community
Aoko v. Fagbemi
Islamic banking- no interest

Question 5

Not enacted by sovereign

Answer 5

Zaiden v. Mohosen

Question 6

Peace and good relations

Answer 6

Aims to ensure everyone in community is in good terms.

Question 7

Evolves

Answer 7

Obaseki JSC in Oyewunmi v. Ogunsesan
Must be flexible

Question 8

Agbai v. Okogbulo

Answer 8

Customary laws must adapt to modern situations that were unimaginable when they were first developed.

Question 9

Flexible not rigid

Answer 9

Oral agreement now written- Rotibi v. Savage

Question 10

Sale of land now subject to certain conditions

Answer 10

Oshodi v. Balogun