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subject to it or affected it - african customary lawmostly one of the parties must be subject to it or affected through it whether as the plaintiff
civil case - african customary lawmoreover customary law is applicable only in civil cases thus the district magistrates courts act 1967 s2
guide - african customary lawfurther the courts are to be guided through african customary law conversely this provision provides a judge
african customary lawhowever african customary law may be specified as the law based on the customs of the ethnic groups that constitute englands
contributions of equitycontributions of equity as developed the so called maxims of equity and provided additional remedies and provided for the
equity -non-recognition of truststherefore the common law did not recognize trusts like a case whether a conveyed property to b on trust for c
disadvantages of stare decisis over-subtlety or artificialityhowever a judge is forced but it were follow an earlier case that his conscience may
disadvantages of stare decisis - rigidityhowever the case law method of administration of justice has been criticized on the grounds which it leads
advantages of stare decisis - practicalityin fact the case law method has enabled judges to adopt a practical approach for legal problems since those
advantages of stare decisis - aptitude for growthhowever process of distinguishing cases facilitates the growth of detailed legal principles to deal
advantages of stare decisis - flexibilitysince of the freedom that final court of appeal always has to depart from a previous decision of its own
delayshowever certain standard defences knows as essoins caused considerable delay earlier than a case could be heard now for a certain condition
procedural technicalitiesin fact here the procedure in the common law courts was highly technical and many good causes of action that were lost due
writ systemfurther a person intending to commence an action on common law had to acquire a writ from the government department which was authorized
equitymoreover the word equity ordinarily means fairness or justice in fact as a source of england law there the phrase doctrines of equity
unwritten sources of england lawhowever common law may be illustrated as that branch of the law of england that was developed through the english
application of the unwritten sources of england lawconversely it is a rule of england law that unwritten laws are to be applied subject to the
statutes of general applicationwhereas there is no authoritative definition of a statute of simple application the phrase is presumed to refer to
types of subsidiary legislationhowever the definition of subsidiary legislation in s2 of the interpretation and general provisions act reflects the
legislative or parliamentary controli parliamentary approval andii ministerial approval
judicial controlconversely the courts can declare any law made as subsidiary legislation to be invalid or unacceptable under the ultra vires doctrine
disadvantageswhether delegated or subsidiary legislation has been criticised just to a variety of reasons the main ones being that it isasa
advantagestherefore some of the advantages or strong point of delegated legislation areasa compensation of lost parliamentary timeconversely
subsidiary legislationmoreover this is subordinate or delegated indirect legislationin fact section 2 of the interpretation and general provisions
applied lawshowever section 2 of the interpretation and general provisions act specified like an applied law asa here an act of the