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guide - african customary lawfurther the courts

Guide - African Customary Law

Further the courts are to be "guided" through African customary law. Conversely this provision provides a judge discretion whenever to allow a particular rule of customary law to operate or not. Since the judge is not bound through any rule of customary law and may hence refuse to apply it there, like as an instance, he feels that it is repugnant to justice or morality.

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