Native customary law is peculiarly within the knowledge of the native courts, and the opinion of a superior native court on native custom must be preferred to the opinion of an inferior native court, unless it is either contrary to a decision of the Supreme Court or the Privy Council on the point, or is “repugnant to natural justice, equity and good conscience” (section 87, Cap. 4). Nothing of the foregoing applies to the present case, and the learned judge should therefore have refrained from disturbing a decision of the superior native court upon a question of native customary law.
ANANE v. MENSAH [1959] GLR 50 [1959] SLR (CA) 3 · Court of Appeal · 1959 · VAN LARE AG CJ
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