Explain the requirements which local customs should fulfill in order to gain registration and enforcement by the courts.

      

Explain the requirements which local customs should fulfill in order to gain registration
and enforcement by the courts.

  

Answers


Maurice
(a) Reasonableness: a good local custom must be reasonable to the persons affected by it.This is because law is founded on the principle of justice.

(b) Conformity with statute law: The custom must be consistent with written law. This
is because parliament is the supreme law making body and has power to render a particular custom inoperable.

(c) Observance as of right: the custom must have been observed openly and as of
right,that is, nec vi, nec clam, nec precario. It must be recognized as binding by those
affected by it.

(d) Immemorial antiquity: the custom must have been observed since time immemorial that is, for a long time. Time immemorial means no living person can adduce evidence as to when the custom did exist.
maurice.mutuku answered the question on April 28, 2018 at 12:45


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