
Customary law and Local Courts
The written law on Local Courts, chieftaincy, customary marriage, inheritance and land, and the judgments that apply it.
Posted By lanbuk.com
Customary law is largely unwritten and differs from one chiefdom and community to another. This page does not state any customary rule. It brings together the written law that governs customary matters, the courts that apply it, and the judgments on it. For the custom of a particular place, ask the Local Court or chiefdom authorities there, and take advice.
Local Courts
“Administratively, Magistrates Courts should be operational in each district, and there should be at least one local court in each of the 149 chiefdoms of Sierra Leone. The Local Courts Act No 10 of 2011, integrates the Local Courts within the Judiciary. … Local Courts administer customary law, and preside over matters of marriage, divorce, succession, and land tenure in the provinces.”
Source: Judiciary of Sierra Leone, Strategic Plan 2016–2021. See also the courts of Sierra Leone.
The written law
Each Act with its own long title. Open an Act for its Parts, any later amendment or repeal, and the full text.
Local Courts
- The Local Courts Act, 2011 · No. 10 of 2011
Being an Act to provide for the establishment and operation of Local Courts, the administration of justice in the provinces and for other related matters.
- The Local Courts (Amendment) Act, 2014 · No. 1 of 2014
Being an Act to amend the Local Courts Act, 2011.
- The Local Courts Act, 1963 · No. 20 of 1963
an Act to consolidate and amend the law relating to the Local Courts, to provide for the extension of their jurisdiction and for the hearing of appeals from such courts and to make certain incidental and consequential provisions for the administration of justice in the provinces.
- The Native Courts Ordinance, 1933 · Cap. 8
Chieftaincy
- The Chieftaincy Act, 2009 · No. 10 of 2009
Being an Act to provide for the qualification, election, powers, functions and removal of a person as Paramount Chief and for other matters connected with chieftaincy.
- The Chiefdom Councils (Amendment) Act, 1974 · No. 13 of 1974
Being an Act to amend the Chiefdom Councils Act in order to vest certain powers in Chiefdom Councils.
- The Tribal Authorities Ordinance, 1938 · Cap. 61
An Ordinance to Prescribe the Powers and Duties of Tribal Authorities.
Marriage, family and inheritance
- The Registration of Customary Marriage and Divorce Act, 2009 · No. 1 of 2009
Being an Act to provide for the registration of customary marriages and divorces and for other related matters.
- The Devolution of Estates Act, 2007 · No. 21 of 2007
Being an Act to provide for surviving spouses, children, parents, relatives and other dependants of testate and intestate persons and to provide for other related matters.
- Prohibition of Child Marriage Act, 2024
Being an Act to prohibit child marriage, to provide protection for the victim of child marriage, and to provide for other related matters.
Land
- Customary Land Rights Act, 2022
Being an Act to provide for the establishment of the National land Commission, the District Land Commission and other land administrative bodies to secure effective and holistic land administration and to provide for other related matters Govt.
- National Land Commission Act, 2022
Being an Act to provide for the establishment of the National land Commission, the District Land Commission and other land administrative bodies to secure effective and holistic land administration and to provide for other related matters Govt.
Judgments
Judgments on Lanbuk classified under these topics, with Lanbuk's one-line statement of the principle where it has been written.
Customary marriageAll 4 judgments
- Nhende v Zigora (68 of 2025) [2025] ZWSC 68 (10 March 2025)Zimbabwe · 2025
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. By lanbuk.com
- Lahm v Lahm, 1970-71 ALR S.L. 27Sierra Leone — African Law Reports · 1970-71
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. By lanbuk.com
- Lahm v Lahm (SC 355 of 1768) [1970] SLSC 7 (19 February 1970)Sierra Leone — Supreme Court · 1970
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. By lanbuk.com
- Suliman v Foday (2 of 1933) [1933] SLSC 2 (20 June 1933)Sierra Leone — Supreme Court · 1933
Under Islamic law a valid marriage requires an intention to form a permanent union, so a suitor who substitutes an unlawful cohabitation for the intended marriage cannot recover dowry paid when the woman leaves. By lanbuk.com
Customary land tenureAll 7 judgments
- Lamin Turay v Yayah Turay (CIVAPP 75/2023) [2026] SLCA 8 (21 July 2026)Sierra Leone — Court of Appeal · 2026
A party does not lose their beneficial interest in an intestate estate merely by testifying in a local court proceeding regarding that estate. By lanbuk.com
- Friday v Conteh (CIV APP 13 of 1972) [1973] SLCA 2 (3 April 1973)Sierra Leone — Court of Appeal · 1973
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. By lanbuk.com
- Friday v Conteh, 1972-73 ALR S.L. 288Sierra Leone — African Law Reports · 1972-73
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. By lanbuk.com
- Brima Kormor v Nicholas Coosah & Anor (CC 20 of 1960) [1961] SLSC 30 (25 May 1961)Sierra Leone — Supreme Court · 1961
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. By lanbuk.com
- Jalloh v R, 1957-60 ALR S.L. 1Sierra Leone — African Law Reports · 1957-60
A district commissioner has absolute statutory jurisdiction under the Protectorate Ordinance to determine land disputes, unaffected by the general jurisdiction of the Supreme Court. By lanbuk.com
- Jalloh v Reginam (WACA CR APP 3 of 1957) [1957] SLCA 1260 (20 March 1957)Sierra Leone — Court of Appeal · 1957
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. By lanbuk.com
ChieftaincyAll 8 judgments
- S v Ngleshie Alata Traditional Council (H1/68/2026) [2026] GHACA 5 (30 July 2026)Ghana · 2026
A court cannot ignore the violation of a statute, as statutory compliance is mandatory and any infraction must be addressed by the court. By lanbuk.com
- Gabriel Korvebor v Mr. Combay (Misc App 11/2024) [2024] SLCA 9 (14 November 2024)Sierra Leone — Court of Appeal · 2024
Challenges to paramount chieftaincy elections may be brought on grounds of non-compliance with statutory provisions regarding the qualification or disqualification of candidates. By lanbuk.com
- Sulay Seisay v Pa Sheku Kanu & ORS (2 of 1962) [1963] SLSC 7 (1 April 1963)Sierra Leone — Supreme Court · 1963
An election to paramount chieftaincy will not be invalidated for lack of qualification where the evidence sufficiently establishes the candidate's descent from a ruling house. By lanbuk.com
- Sulay Seisay v Pa Sheku Kanu & Others (PC APP 2 of 1962) [1963] SLCA 1239 (1 April 1963)Sierra Leone — Court of Appeal · 1963
An election to paramount chieftaincy is upheld where there is sufficient evidence proving the candidate's descent from a ruling house. By lanbuk.com
- H. J. Macfoy & Ors v A.F.F.P. Newns NO & Anor (CC 435 of 1960) [1961] SLSC 29 (23 May 1961)Sierra Leone — Supreme Court · 1961
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. By lanbuk.com
- Pa Sheka Kanu & Ors v Sulay Seisay (CIV APP 43 of 1960) [1961] SLCA 15 (21 July 1961)Sierra Leone — Court of Appeal · 1961
A candidate's genealogical descent required for paramount chieftaincy cannot be established by insufficient and uncorroborated hearsay evidence. By lanbuk.com
Customary law (all)All 91 judgments
- Lamin Turay v Yayah Turay (CIVAPP 75/2023) [2026] SLCA 8 (21 July 2026)Sierra Leone — Court of Appeal · 2026
A party does not lose their beneficial interest in an intestate estate merely by testifying in a local court proceeding regarding that estate. By lanbuk.com
- S v Ngleshie Alata Traditional Council (H1/68/2026) [2026] GHACA 5 (30 July 2026)Ghana · 2026
A court cannot ignore the violation of a statute, as statutory compliance is mandatory and any infraction must be addressed by the court. By lanbuk.com
- Nhende v Zigora (68 of 2025) [2025] ZWSC 68 (10 March 2025)Zimbabwe · 2025
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. By lanbuk.com
- Pokua v Kwakye (J4/17/2025) [2025] GHASC 109 (9 July 2025)Ghana · 2025
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. By lanbuk.com
- Sheik M. Conteh v Rev. Dr. Fr. Gabriel Koroma (MISCAPP 7/2024) [2025] SLCA 11 (8 October 2025)Sierra Leone — Court of Appeal · 2025
A party may seek leave to appeal an interlocutory ruling that dismisses a challenge to the court's jurisdiction based on the application of customary law to estate property. By lanbuk.com
- DJANGMAH VRS DORKUTSO & ANOR (J2/01/2024) [2024] GHASC 46 (30 October 2024)Ghana · 2024
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. By lanbuk.com
- Gabriel Korvebor v Mr. Combay (Misc App 11/2024) [2024] SLCA 9 (14 November 2024)Sierra Leone — Court of Appeal · 2024
Challenges to paramount chieftaincy elections may be brought on grounds of non-compliance with statutory provisions regarding the qualification or disqualification of candidates. By lanbuk.com
- Abdulai Moijueh & 2 Others v Abu Smart (CIV APP 1 of 2011) [2015] SLCA 1133 (12 March 2015)Sierra Leone — Court of Appeal · 2015
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. By lanbuk.com
Study it
- Customary law and Islamic law (Lanbuk on Sierra Leone Legal System)
- Magistrates' courts, local courts and courts-martial (Lanbuk on Sierra Leone Legal System)
- Procedure in local courts (Lanbuk on Sierra Leone Legal System)
- Law before colonial rule (Lanbuk on Sierra Leone Legal System)
- Know your rights guides, including child marriage
Community discussion
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