Found inside – Page 375In many African countries , independence has brought an upgrading of the status of customary law in the legal system ; it is put on a par with the other laws that ... The Magistrate ' s Courts Act extends to the whole of the new courts system the rules relating to proof of customary law used in the non - African courts in the ... See Park , The Sources of Nigerian Law ( London , Sweet and Maxwell , 1963 ) , pp . Found insidePatrick Dumberry provides a comprehensive analysis of the rules of customary international law in the field of international investment law. Found inside – Page 10The three - fold conformity test to which customary law is now submittedwritten law , public order , and morality — may produce ... 49 This proof is still required in Nigeria where customary assessors advise " J . Herbots , supra note 20 , at 215 . Addressing the notion of conscience as a juristic principle in the Court of Chancery during the sixteenth and seventeenth centuries, the book explores how the concept was understood and how it figured in legal judgment. Found insideThe book provides a systematic and comprehensive study of the prevention principle in international environmental law. Found inside – Page 302Evidence Act 2011 Owasanoye, Bolaji ... However documentary evidence is not admissible in proof of customary law transactions in Nigeria. This handbook brings together the work of 25 leading human rights scholars from all over the world, covering a broad range of human rights topics. Found inside – Page 268Proof of Polygamous Marriage in Nigerian High Courts : Lawal v . Younan Re - examined 1971 N.LJ. p . 22 Giwa v . Erinmolokun ( 1961 ) 1 ALL N.LR. 294 . Section 14 ( 1 ) . Akanki : Proof of Customary Law in Nigeria Courts 1970 Vol . 4 N.L.J. ... A study of the fifteenth through eighteenth centuries in Britain when the outrageous testimonies and accusations of children resulted in the execution of alleged witches Found inside – Page 2531 , Laws of Western Nigeria , provides that “ A customary Court shall have jurisdiction over all Nigerians . " The Eastern ... The test , however , seems to be whether the parties have bound themselves in terms of customary law . 5 On the other ... Found inside – Page 127Customary Law, Common Law, and Legal Pluralism Leon Shaskolsky Sheleff, Lê'ôn Šelef. - - - - application of the repugnancy rule can also be seen – shorn of ... To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law. Found inside – Page 39At first glance , it appears that case law has a very narrow scope under the Nigerian legal system because quite apart from the local laws ... the constitutional rights of a soldier against his superior officers 44 This will include customary law and various Nigerian legislations . ... Hiatt v Brown 339 U . S . 103 at page III in which the Supreme Court of America defined the acid test of jurisdiction of courtsmartial . First Published in 1971. Routledge is an imprint of Taylor & Francis, an informa company. This book promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa. Found inside – Page 150In addition , customary laws in Nigeria are subject to the test of public policy as contained in section 14 ( 3 ) of the Evidence Act that recognizes and ... Found inside – Page 97In such circumstances all that marriage entails in terms of law , culture , and human behaviour , generally are revealed . Quite often ... And the most common test of legal paternity is whether bride price has been paid or repaid . ' The principle of welfare ... In Oloyede , Akinkungbe , J . A . , delivering the judgment of the defunct Western Nigeria Court of Appeal reminded “ that interest of CUSTOMARY LAW 97. Found inside – Page 172SUMMARY The “repugnancy test” justice policy in Nigeria stipulates that a native law or custom is not to be given effect if ... (2) the Igbo communities should revise outdated Igbo customary laws and traditions to conform with the contemporary ... At the same time, this book engages in a profound exploration of the practical role of customary international law in a variety of important fields, including humanitarian law, human rights law, and air and space law. Drawing on data from a cross-section of postcolonial nations across the world and on a detailed case-study of Nigeria, this book examines the experience of recreating law and justice in postcolonial societies. Found inside – Page 100In the opinion of the learned judge, in spite of the incompatibility test, where a rule of customary law is incompatible with "any law for the time being in ... This study deals with the laws and practices which have governed the Customary Courts in Nigeria from the pre-colonial to the present period. Found inside – Page 9Next impediment to the application of Islamic Law in Nigeria is the criteria of repugnancy and incompatibility . The repugnancy test requires that no rule of Islamic Law or Customary Law shall be applicable if it is ' repugnant to natural justice ... Found inside – Page 10The three - fold conformity test to which customary law is now submittedwritten law , public order , and morality — may produce far - reaching effects indeed . ... This may ultimately lead to the questioning of the very existence of the whole customary legal system . ... customary law was regarded as a matter of fact to be established by proof.49 This proof is still required in Nigeria where customary assessors ... This is the third edition of an established and leading book on family law in Nigeria. Since the last edition in 1990 significant judicial and statutory enactments have taken place in the area of study. Found inside – Page 88... they must pass some tests which are regarded as test of validity. According to a learned writer on customary laws in Nigeria, for a customary law to be ... Found insideLawyers representing parties with interests in Nigeria will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law. As the impact of international law on national legal orders continues to increase, this volume takes stock of how far international law has come and how it should continue to develop. Found inside – Page 92All the constitutional draftsmen knew that very few High Court judges are learned in Islamic law , yet they want them to try ... the repugnancy test “ as “ a potent factor in the reformation of customary law and procedure ” and “ a convenient term . Elegantly written and cuttingly insightful, Taking Rights Seriously is one of the most important works of public thought of the last fifty years. Seen – shorn of comprehensive analysis of the rules, principles, and doctrines Nigerian. “ A customary Court shall have jurisdiction over all Nigerians. defined the acid test of jurisdiction of.! 1990 significant judicial and statutory enactments have taken place in the area study! 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