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Periodical article | Leiden University catalogue | WorldCat |
Title: | Administration of justice in traditional Africa: what lessons for modern adjudication? |
Author: | Olutunji, Oyelade S. |
Year: | 2010 |
Periodical: | East African Journal of Peace and Human Rights (ISSN 1021-8858) |
Volume: | 16 |
Issue: | 2 |
Pages: | 294-310 |
Language: | English |
Geographic term: | Africa |
Subjects: | administration of justice legal procedure customary law |
Abstract: | Attaining justice in Africa is fast becoming an illusion. With the high cost of litigation coupled with excessive delays, not only on the part of litigants but also on the part of their counsels and the courts themselves, which is typical of the modern form of administration of justice, the ordinary citizen can no longer be guaranteed justice. This paper juxtaposes the modern form of adjudication with the traditional mode, which is simpler, cheaper, with justice on a give and take basis, and where there is neither a winner nor a vanquished. The paper thus advocates the use of customary law systems as viable instruments of delivery of justice services to the poor and vulnerable people in common law African countries, or an admixture of both traditional and modern systems. Notes, ref., sum. [Journal abstract] |