LEGAL PRINCIPLE: JURISDICTION — Customary Courts — Substance over Form — No Pleadings Filed in Customary Courts
PRINCIPLE STATEMENT
The form of an action in customary courts must not be stressed where the issue involved is clear. It is the substance of such actions that is the determinant factor.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Erhunmwunse v. Ehanire (2003) NLC-1011999(SC) at p. 13; Paras A–B.
"It cannot be over-emphasised that the form of an action in customary courts must not be stressed where the issue involved is clear. The law is long settled that it is the substance of such actions that is the determinant factor."
EXPLANATION / SCOPE
In Customary Courts, substance prevails over form. The principle applies to customary law proceedings. The court will not be bound by technicalities. The rule promotes access to justice. The court will determine the real dispute. The principle is well-established.