ABSTRACT

This study examines the application of customary law in the justice system and it unravels it role. It is not surprising that, despite the primacy of customary law in the society, its role in the legal system has increasingly dwindled, blamed on the halfhearted approach to reform. The administration of customary law by state courts in Cameroon possess numerous challenges. Some of which includes its unwritten nature, application and the conflict between some of its values and those of received laws (written laws).

As such there is a need to critically examine how the court enforces the law when there is a conflict between custom and written laws and also elaborate on the principles guiding the administration of customary law in Cameroon. To effectively pursue this study, the researcher relies on doctrinal method of legal research making use of analysis of statutes, case laws and treaties (primary and secondary sources of data). Findings of this study reveals that statutory judges lack knowledge of custom therefor preventing them from applying it efficiently.

And also, the judiciary perceives customary law with disdain. However since independence, customary law has not been among the legal developments which have come through. It is apparent to conclude that customary law has an uncertain future in the Cameroon judicial system and which may dwindle in futurity if need not be taken. As such this study recommends that the state courts should address the issues in the delivery and implementation of customary justice in the territory and the customary jurisdiction should be increased so that it will deflect litigants from seeking customary justice in the high court. Furthermore, a customary law reform should be created and also customary law judges should be trained to that effect so that they can efficiently administer the customs.

CHAPTER ONE
1.1 INDRODUCTION

Customary law is defined as the native law and custom prevailing in the area of jurisdiction of the court so far as it is not repugnant to natural justice, equity and good conscience, nor incompatible with written law for the time being in force1. However, customary law comprises of Islamic law and those native laws and custom which are not repugnant to natural justice2. There is where we cut in at once to say that Cameroon is a Bijural system is a misnomer. So, because, customary law is both a source and a form of law in Cameroon. The application of customary law in the justice system of Cameroon is so limited.
Customary law governs only matters of personal status: customary marriages, divorce, custody, inheritance, adoption and affiliation and also lands held by customary communities.

Customary law since from time immemorial as our society advances3. It has become a great source of law which other laws emanate from. The Cameroon justice system uses the custom of the people in deciding in cases which deem necessary to an extent.

1.2 BACKGROUND OF THE STUDY