The Quest for Customary Law in African State Courts

Abstract

Introduction Customary law is a distinguishing feature in the landscape of contemporary Africa. In many countries, it continues to regulate people’s access to land, labor, and capital and to form the main normative system for dispute settlement. In recognition of the importance of customary law in the regulation of people’s lives, but also in an attempt to control the customary sphere to a certain extent, many African governments have granted state courts jurisdiction to decide cases on the basis of customary law. It is, however, not easy for a judge to ascertain the customary law applicable to a particular case. This difficulty flows partly from the multiplicity of different customary laws – varying widely from community to community, but also within communities – and partly from the fluid nature of customary law itself.

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