Principle

CIVIL PROCEDURE – Jurisdiction – Determination of – Claims for Declaration of Customary Law – Justiciability

Area of law
CIVIL PROCEDURE
Court
Supreme Court

The High Court has unlimited jurisdiction under Section 236(1) of the 1979 Constitution to entertain claims for declaration of customary law. The court ascertains and finds what the customary law is based on evidence. This is different from asking the court to make a declaration…

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