Native Custom, its Similarity to English Conventional Custom and its Mode of Proof

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Abstract
The rules respecting custom in Ghana (the Gold Coast) are found in the law reports, the statements of chiefs and elders, the works of textbook writers, both lawyers and anthropologists, and in the unreported decisions of the courts. It is important, however, to distinguish between the rules which have the force of law and those which have not. Here it is proposed to outline the mode of proof required before custom can be recognised as law, bearing in mind that an English judicial system has been imposed upon Ghana, working through a system of case law with its attendant precedents. It is further hoped to point the way to a possible method of ensuring the preservation of the indigenous customs, which is believed to be desirable in order to ensure their natural development.

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