Civil case - african customary law, Business Law and Ethics

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







Related Discussions:- Civil case - african customary law, Assignment Help, Ask Question on Civil case - african customary law, Get Answer, Expert's Help, Civil case - african customary law Discussions

Write discussion on Civil case - african customary law
Your posts are moderated
Related Questions
3 ways in which the restaurant can engage in socially responsive activities in the community within which it operates.

Division of company's Powers: Article 80 of Table A states: "The business of the company shall be managed by the directors one who may... exercise all the such powers of th

What is the  use of self defence The controversy regarding the use of self defence is the 'anticipatory self-defence'. Those with a restrictive view state that it no longer e

QUESTION 1 What are the duties of an Occupational, Safety and Health officer in an organization? QUESTION 2 Section 47 (1) of the Occupational, Safety and Health Act st

Managing Director: In Ellis v Bailey and Company (East Africa) Limited (76) it was stated that "without specific authority in the articles directors may not appoint one of the

(These are short answer assignments; just a few paragraphs for each part is all that is required) Assignment 1: Discussion Questions In this assignment, you will research and appl

Standard of proof in criminal cases: Whenever the standard of proof in criminal cases is away from any reasonable doubt.  Further in the event of any reasonable doubt the accu

What is Diplomatic immunity Diplomatic immunity relates to the protection of the representatives of another state to ensure that they perform their international political func

(a) Section 63 of the Employment Relations Act provides as follows: "The parties to a labour dispute may jointly refer such dispute for voluntary arbitration to the Tribunal or

Explain the elements of governmental authority The theme of these draft laws is mentioned in Article 1, which says that every internationally wrongful act of a State entails th