Characteristics that a custom under African customary law should satisfy to be enforceable

State Characteristics that a custom under African customary law should satisfy to be enforceable

Characteristics that a custom under African customary law should satisfy to be enforceable.

  • It must be reasonable
  • It must be certain i.e. the right which is claimed must be proved to adhere to a defined group of people or community Must have existed since time immemorial
  • Continuity: the right to exercise the customs must have been continuous and there must not have been any interruptions or breaks in its applications.
  • Must not be consistent with any written law.
  • Must be acceptable to the people and must not have been exercised by use of force.



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