Principle

JURISDICTION — Customary Courts — Determination of Jurisdiction — Need to Consider Both Claim and Defence in Customary Court Proceedings

Area of law
JURISDICTION
Court
Supreme Court

In Area Customary Courts, jurisdiction is determined after evidence and the defendant's reaction. The principle applies to customary court procedure. The claim alone may not suffice. The rule recognises the informality of customary courts. The court will examine the substance. The principle is well-established.

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