(PV) Civ. App. 51-D-66; -/6/67
Hamlyn,
J.
An Asian doctor sued defendant, a
Somali, for house rent and medical fees. The Primary Court entered an ex parte
judgment in his favour. The District Court ruled that the Primary Court
proceedings were a nullity, since that court had no jurisdiction, recovery of
rent being a matter for the Rent Restriction Board. Plaintiff argued that the
Primary Court did have jurisdiction to hear the case as one involving
“Customary law” since it is “a custom of people to lease houses and pay rent
therefore.”
HELD:
“Customary Law” cannot be the basis of any proceedings between parties “who
meet on no common ground of legal procedure and jurisprudence.”
Appeal
dismissed.
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