Explain the requirements which local customs should fulfill in order to gain registration and enforcements by the courts

Explain the requirements which local customs should fulfill in order to gain registration and enforcements by the courts

ANSWER

Reasonableness: a good local custom must be reasonable to the persons affected by it. This is because law is founded on the principle of justice.

• Conformity with statute law: The custom must be consistent with written law. This is because parliament is the supreme law making body and has power to render a particular custom inoperable.
• Observance as of right: the custom must have been observed openly and as of right, i.e. nec vi, nec clam, nec precario. It must be recognized as binding by those affected by it.
• Immemorial antiquity: the custom must have been observed since time immemorial i.e. for a long time. Time immemorial means no living person can adduce evidence as to when the custom did not exist.