Principle

CUSTOMARY LAW – Proof of Traditional History – Conflict in Traditional Evidence – Resolution by Reference to Established Facts

Area of law
CUSTOMARY LAW
Court
Supreme court

Where traditional histories conflict, both parties may be honest but mistaken. Demeanour is little guide to truth because witnesses repeat what they were told. The best approach is to test each history against recent established facts to determine which is more probable. The principle from…

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