Land & Custom

Customary law is an established system of immemorial rules [...] evolved from the way of life and natural wants of the people, the general context of which was a matter of common knowledge, coupled with precedents applying to special cases, which were retained in the memories of the chief and his councilors, their sons and their sons' sons until forgotten, or until they became part of the immemorial rules. [Bekker, 1989] 

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Analysis: Mifumi (U) Ltd & Others v Attorney General Kenneth Kakuru

Mifumi was decided by the Supreme Court of Uganda.[1] It was an appeal from the Constitutional Court where the constitutionality of “bride pride” was challenged at first instance.  For our purposes we use the term lobola or lobola (the term commonly used in Southern Africa) instead of the term “bride-price” used in the proceedings, which the Supreme Court rightly found unsuitable.

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