Evidence Of Customary law Flashcards
(9 cards)
1
Q
All customary laws are customs..
A
Not all customs are customer laws…
Tests!
2
Q
Before it can be binding, it must be validated
A
Courts must have endorsed it before it can be applied
3
Q
It derives authority from
A
Judicial precedents
Not mere historical usage
4
Q
Evidence Act
A
Treats customary law differently than other laws
5
Q
72-73
A
courts must take judicial notice of all written laws and regulations
6
Q
Secyion 14 of Evidence Act
A
customary law must be proven wirh evidence by the person relying on it
7
Q
Exception- higher courts must have recognized it.
A
Used in Angu v. Attah
8
Q
Justice Nnameka
A
Critiqued it.
We still treat our laws as foreign
Properly documented to prevent confusion
9
Q
Evidence Act
A
Expert testimony
Opinions of native chiefs
Books and manuscripts
