Principle

CUSTOMARY LAW — Proof of Custom — Custom Is a Matter of Fact to Be Pleaded and Proved by Evidence

Area of law
CUSTOMARY LAW
Court
Supreme Court

Customary law must be pleaded and proved unless judicially noticed. The principle applies to all customary law issues. The party alleging a custom bears the burden of proof. Judicial notice is limited to well-known, notorious customs. The rule prevents the imposition of unproven customs. The…

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