LEGAL PRINCIPLE: LAND LAW – Customary Tenancy – Duty to Plead and Prove Nature of Customary Tenancy
PRINCIPLE STATEMENT
If it is the plaintiff's case that the defendant is a customary law tenant, the plaintiff must plead this relationship and prove it; it is the duty of a plaintiff to prove their case.
RATIO DECIDENDI (SOURCE)
"Ratio Decidendi (Source): "It is the duty of a plaintiff to prove his case... In the instant case, if it was the case of the plaintiff that the defendant was his customary law tenant then he must plead this and prove it."
EXPLANATION / SCOPE
Customary law tenancy creates specific rights and obligations different from statutory tenancy or other relationships. A plaintiff claiming the defendant is a customary tenant must: (1) plead the existence and nature of the customary tenancy; (2) prove how the tenancy was created under customary law; (3) establish the terms and incidents of the tenancy; (4) demonstrate the applicable customary law recognizes such tenancy. Without pleading and proof, courts cannot make findings on customary tenancy. This requirement flows from the general principle that plaintiffs bear the burden of proving their cases and must plead material facts. Customary tenancy affects rights to possession, rent, termination, and remedies—it cannot be assumed but must be established through evidence of customary law and its application to the parties’ relationship.