Legal Principles – Nigerian LawCompass

Customary Law Important

CUSTOMARY LAW — Repugnancy Doctrine — Custom Not Repugnant Merely Because Inconsistent with English Law Concepts

"It must be remembered that a custom cannot be said to be repugnant to natural justice, equity and good conscience just because it is inconsistent with English law concept or...

Customary Law Important

CUSTOMARY LAW — Kola Tenancy — Succession Governed by Lex Situs and Not Personal Law of Deceased Tenant

"Kola tenancy in the main has the features of most customary tenancies ... Like most customary tenancies, kola tenancy confers to the grantee full rights of possession but it confers...

Customary Law Important

CUSTOMARY LAW — Kola Tenancy — Inheritance by Children Irrespective of Sex Under Mgbelekeke Family Custom

"The evidence led on behalf of the appellant is that under Nnewi custom a male child inherits property; and if no male child, the brother of the deceased owner of...

Customary Law Important

CUSTOMARY LAW — Yoruba Native Law and Custom — Succession to Headship of Family — Establishment of Custom by Historical Practice

"I understand the Court of Appeal to be saying that apart from the fact that the 1st respondent is the only surviving direct son of Ashimi Otun, and the natural...

Customary Law Important

CUSTOMARY LAW — Yoruba Native Law and Custom — Succession to Headship of Family — Eldest Surviving Son as Proper Person to Succeed

"Authorities galore to the effect that among the Yorubas on the death of a founder of a family, the proper person to be head of the family is the 'Dawodu'...

Customary Law Important

CUSTOMARY LAW — Yoruba Native Law and Custom — Succession to Headship of Family — Dawodu as Eldest Surviving Son

"There is practically a consensus of opinion that on the death of a founder of a family the proper person to be head of the family is the 'Dawodu' or...

Customary Law Important

CUSTOMARY LAW — Proof of Custom — Determination of Applicable Customary Law in Oath-Taking

"Since the juju was brought into Ukwa, within the jurisdiction of this Honourable Court, it is Ukwa custom that should prevail. In Ukwa custom and in Asa in particular oaths...

Customary Law Important

CUSTOMARY LAW — Oath-Taking — Oath-Taking as Valid Method of Establishing Truth Under Customary Arbitration

"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."

Customary Law Important

CUSTOMARY LAW — Customary Arbitration — Party Who Voluntarily Submits to Customary Arbitration Cannot Resile from Decision

"Where two parties to a dispute voluntarily submit the issue in controversy between them to an arbitration according to customary law and agree expressly or by implication that the decision...

Customary Law Important

CUSTOMARY LAW — Customary Arbitration — Oath-Taking — Effect of Survival of Oath-Taking Period on Rights of Ownership and Possession

"Once the fact of such arbitration and oath-taking and survival have been successfully established the oath taker acquires the rights of full ownership and possession. If the other party remains...

Customary Law Important

CUSTOMARY LAW — Customary Arbitration — Effect of Oath-Taking on Application of Common Law Principles of Trespass

"Where parties decide to be bound by traditional arbitration resulting in oath taking, common law principles in respect of proof of title to land no longer apply. In such a...

Customary Law Important

CUSTOMARY LAW — Customary Arbitration — Applicable Law in Customary Arbitration Is Customary Law Not Common Law Principles

"It is good law that in arbitration under customary law, the applicable law is customary law and not common law principles with their characteristic certainty and ossification."