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.