The Domination of the Repugnancy and Incompatibility Tests on Customary Law in Anglophone Cameroon
Keywords:
repugnancy test, incompatibility test, customary law, natural justice, equity.Abstract
This piece has as objectives to examine the recognition of customary law in Cameroon, on the one hand and on the other hand it will belabor on the Repugnancy and Incompatibility Tests (The Duality Tests) and it impacts on customary law in Cameroon. The early contacts of the colonial masters which constitute the modern Cameroon were in the early 19th century. During the colonial period, the British introduced the 1955 Southern Cameroon High Court law which in its Section 27 (1) lay down the repugnancy and incompatibility tests (duality tests). As per this section, the court will only apply a rule of customary law if it is not repugnant to natural justice, equity and good conscience or incompatible with laid down laws. In this light, adopting an in-depth content analysis based on primary and secondary sources of data collection and data analysis is imperative. The research conclude that the duality tests have both negative and positive consequences on customary law in Anglophone Cameroon; it has led to the uncertainty in the application of customary law and on the positive side, it has help to upgrade the status of customary law.
References
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4. Adopted in 1955.
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15. Law No. 2011/011 of May 2011, to amend and supplement certain provisions of the 1981 Ordinance on Civil Status.
16. (1962-64) WCLR 321.
17. See section 77 (2) of the civil status registration ordinance of 29 June 1981(old)
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23. Ibid. Cite this Article Tangwa Modestine Ginj, Tasiki Desvarieux Ntobengwia . The Domination of the Repugnancy and Incompatibility Tests on Customary Law in Anglophone Cameroon. Journal of Constitutional Law and Jurisprudence. 2020; 3(2): 32–37p.
