Principle

JURISDICTION – Chieftaincy Matters – Distinction Between Declaration of Customary Law and Finding of Customary Law

Area of law
JURISDICTION
Court
Supreme Court

Courts cannot make declarations of customary law in the abstract. They can, however, make findings of what customary law is and apply it to resolve specific claims. A "declaration" pronounces a legal rule independently of any dispute. A "finding" determines the content of customary law…

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