Principle

JURISDICTION — Customary Courts — Real Issues in Dispute — Court Must Scrutinise Proceedings Beyond Plaintiff’s Claim

Area of law: JURISDICTION
Court: Supreme Court

In Customary Courts, the real issues must be ascertained from the entire record, not just the claim. The principle applies to appellate review. The court must look at findings and evidence. The rule ensures that substance prevails over form. The principle is well-established.

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