Civil Case - African Customary Law

Moreover customary law is applicable only in civil cases.  Thus the District Magistrate's Court's Act 1967, S.2 restricts the civil cases to that African customary law may be applied to claims involving any of the give matters only: as;

1. Land held under customary tenure; and second
2. Marriage, divorce, maintenance or dowry; and third is
3. Seduction or pregnancy of an unmarried woman or girl; and forth is
4. Enticement of, or adultery with, a married woman; and fifth is
5. Matters affecting status, particularly the status of women, widows and children, including guardian-ship, custody, adoption and legitimacy; and last is
6. Intestate succession and administration of intestate estates, so far as it is not governed by any written law.

However in KAMANZA CHIWAYA v TSUMA as unreported High Court Civil Appeal No.6 of 1970 the High Court held that the above list of claims under customary law was exhaustive and excludes claims in tort or contract in agreement.

Posted Date: 1/21/2013 5:51:11 AM | Location : United States

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