LEGAL PRINCIPLE: CUSTOMARY LAW — Oath-Taking — Oath-Taking as Valid Method of Establishing Truth Under Customary Arbitration
PRINCIPLE STATEMENT
Oath-taking was one of the methods of establishing the truth of a matter and was known to customary law and accepted by both parties.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Onyenge & Ors v. Ebere & Ors (2004) NLC-1172000(SC) at p. 14; Paras D–E.
"Oath-taking was one of the methods of establishing the truth of a matter and was known to customary law and accepted by both parties."
EXPLANATION / SCOPE
Oath-taking is a valid method of establishing truth under customary law. The principle applies to customary arbitration. Both parties must accept it. The rule recognises customary evidentiary methods. The court will give effect to oath-taking. The principle is well-established.
