Customary Law

Sierra Leone — Court of Appeal · 1961

Principle established: The court has jurisdiction to review an acting Governor's statutory recognition powers, and statutory power to recognise 'any person' as tribal headman is limited to persons belonging to that specific tribe.

Sierra Leone — Court of Appeal · 1961

Principle established: The court has jurisdiction to determine whether the Governor acted within statutory powers, and statutory authority to recognise a tribal headman extends only to members of that specific tribe.

Sierra Leone — Court of Appeal · 2015

Principle established: A High Court judge may err in law by ordering the transfer of a matter pending in a District Appeals Court to the High Court without proper statutory authority.

Sierra Leone — Court of Appeal · 2015

Principle established: The misapplication of statutory provisions regarding the transfer of cases between different levels of the court system constitutes a ground for setting aside a judicial order.

Sierra Leone — African Law Reports · 1920-36

Principle established: A tribal ruler cannot deny a litigant's right to appeal a subordinate chief's decision to him.

Sierra Leone — Supreme Court · 1961

Principle established: Transactions between natives in the Protectorate regarding land are governed by native law and custom, which requires the prior consent of relatives, and a tenant at will cannot grant a valid lease.

Sierra Leone — Supreme Court · 1961

Principle established: The President of a Native Administration Court is engaged in the public service and immune from action for acts performed bona fide pursuant to orders of a District Officer.

Sierra Leone — Supreme Court · 1967

Principle established: Where the official decree book cannot be traced on appeal, secondary parol evidence of an administrative boundary decision is admissible in local court proceedings.

Sierra Leone — African Law Reports · 1967-68

Principle established: Secondary parol evidence of a district boundary decision is admissible in local courts where the primary decree book cannot be traced upon inquiry by the appellate court.

Ghana · 2024

Principle established: Succession to a paramount stool may be determined by established historical rotation between specific royal families as recognized by previous judicial decisions and evidence of custom.

Sierra Leone — Court of Appeal · 2014

Principle established: In appeals involving questions of customary law, the High Court (Local Appeals Division) must sit with the aid of two assessors as required by the Local Courts Act.

Sierra Leone — Court of Appeal · 2015

Principle established: An application for stay of execution of a Court of Appeal judgment may be granted pending the hearing and determination of a further appeal to the Supreme Court.

Sierra Leone — African Law Reports · 1950-56

Principle established: A tribal authority violates natural justice when a chief sits as judge in his own cause, and subjecting a person to complete detention without lawful authority constitutes false imprisonment.

Sierra Leone — Court of Appeal · 1973

Principle established: Because Kroo customary law does not recognize the concept of next of kin, a grant of letters of administration on that basis is invalid and the estate must be administered by the Administrator-General.

Sierra Leone — African Law Reports · 1972-73

Principle established: Kroo customary law does not recognize the concept of 'next of kin', rendering a grant of letters of administration on that basis void and requiring estate administration by the Administrator-General.

Sierra Leone — Court of Appeal · 2024

Principle established: Challenges to paramount chieftaincy elections may be brought on grounds of non-compliance with statutory provisions regarding the qualification or disqualification of candidates.

Sierra Leone — African Law Reports · 1920-36

Principle established: There is no right of appeal from a decision of the Kroo Chief's Court.

Sierra Leone — Supreme Court · 1961

Principle established: The statutory phrase 'any person' in tribal administration legislation must be construed within the statutory context as meaning only a person belonging to the particular tribe for which a headman is chosen.

Sierra Leone — African Law Reports · 1920-36

Principle established: When civil proceedings between natives are based on a commonplace human action, specific proof of native law is unnecessary to determine whether the matter falls within native court jurisdiction.

Sierra Leone — African Law Reports · 1957-60

Principle established: A district commissioner has absolute statutory jurisdiction under the Protectorate Ordinance to determine land disputes, unaffected by the general jurisdiction of the Supreme Court.

Sierra Leone — Court of Appeal · 1957

Principle established: A district commissioner's statutory authority to decide land disputes in the Protectorate is absolute and independent of urgency or the Supreme Court's concurrent jurisdiction.

Sierra Leone — Supreme Court · 1967

Principle established: An appellate court will uphold and restore a local appeal court boundary determination that is properly founded in evidence and compatible with applicable local court statutes.

Sierra Leone — African Law Reports · 1967-68

Principle established: An appellate court will restore a local appeal court judgment confirming land boundaries where that decision was properly substantiated and supported under the relevant statutory provisions.

Sierra Leone — Supreme Court · 1970

Principle established: Parties to a customary marriage who jointly purchase real property through substantial contributions for their joint lives hold the property jointly and are equally entitled to its proceeds upon sale.

Sierra Leone — African Law Reports · 1970-71

Principle established: Where parties to a customary marriage purchase property in joint names through substantial joint contributions for their joint provision, the property is held jointly and each spouse shares in sale proceeds.

Sierra Leone — Court of Appeal · 2026

Principle established: A party does not lose their beneficial interest in an intestate estate merely by testifying in a local court proceeding regarding that estate.

Sierra Leone — Court of Appeal · 1932

Principle established: Under customary law, a Paramount Chief has the right to enter land granted to a non-native settler for community interests, and public denial of this right flouts his authority.

Sierra Leone — African Law Reports · 1920-36

Principle established: Under local customary law, a Paramount Chief holds the right to enter land granted to a non-native settler for community welfare, and public denial of this right flouts his authority.

Sierra Leone — African Law Reports · 1920-36

Principle established: In an action for recovery of land, a plaintiff must succeed on the strength of their own title, and customary law must be proved by evidence until judicially noticed.

Sierra Leone — Court of Appeal · 1937

Principle established: Legislation altering the court in which an action may be brought is procedural and applies retrospectively to remove existing rights to sue in specific courts.

Sierra Leone — African Law Reports · 1937-49

Principle established: Legislation taking away the right to bring an action in a particular court is procedural and operates retrospectively unless there are clear indications to the contrary.

Sierra Leone — Supreme Court · 1970

Principle established: In local court civil proceedings requiring two assessors throughout the hearing, an assessor may be replaced at any stage with the consent of the parties and the magistrate's approval.

Sierra Leone — African Law Reports · 1970-71

Principle established: In civil proceedings before a local court, an assessor may be replaced at any stage of the trial provided the parties consent and the magistrate approves.

Zimbabwe · 2025

Principle established: Property acquired during an unregistered customary law union may be shared based on the principles of a tacit universal partnership, with apportionment reflecting the parties' respective contributions.

Sierra Leone — African Law Reports · 1920-36

Principle established: Under customary law, a Paramount Chief may enter communal land to conduct community work, and a settler's physical obstruction of this right constitutes a flouting of authority.

Sierra Leone — Court of Appeal · 1961

Principle established: A candidate's genealogical descent required for paramount chieftaincy cannot be established by insufficient and uncorroborated hearsay evidence.

Sierra Leone — Court of Appeal · 1961

Principle established: Members of a Native Court are public servants entitled to statutory protection, and the trial court may apply a statutory defence even if not expressly pleaded.

Ghana · 2025

Principle established: Upon the dissolution of a customary law marriage, the court may order the distribution of properties acquired by the parties during the subsistence of the marriage.

Sierra Leone — Supreme Court · 1962

Principle established: A trial is rendered a complete nullity if one judicial officer replaces another midway through the proceedings.

Sierra Leone — Supreme Court · 1962

Principle established: The substitution of a judge in the middle of a trial invalidates the entire proceeding, rendering it a nullity.