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Customary law — method of ascertainment of particular custom — evidence of, who may give.
Legislation — Administration of Estates Act [Chapter 301], s 69(2) — African Wills Act [Chapter 240], s 7 — Customary Law and Primary Courts Act 1981, s 5.
In a dispute concerning the inheritance to a deceased estate according to Karanga custom conflicting versions of the applicable custom were put before the court. The matter was remitted for evidence to be adduced to establish the relevant custom and its content.
Held the existence and content of a custom must be established by the evidence of academic experts or tribal savants where there is dispute or doubt on the point.
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