Principle

CIVIL PROCEDURE – Capacity to Sue – Head of Family – Requirement of Strict Proof of Headship

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Customary law is a question of fact unless judicially noticed. A party claiming family headship must adduce evidence of the customary law governing succession. The principle applies to all disputes involving customary rights. Judicial notice is limited to well-known, notorious customs. The court cannot assume…

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