ABSTRACT
The application of native law, under the terms of the relevant enactments, is usually limited by what may conveniently be called a ‘repugnancy clause’, i.e. a clause to the effect that it shall be applicable only in so far as it is not inconsistent with certain prescribed standards. The necessity sometimes arises for the exercise of choice as between one system of law and another. As has already been observed, Africans frequently have the option of marrying either according to European law or under native law and custom. Custom is the main source of native law; and although a law based on custom is not entirely static, its potentialities for change are usually very limited. Occasion for a choice of law is also liable to arise as a result of the multiplicity of tribal laws. General legislation has been resorted to in some territories for the purpose of regulating marriage according to native law and custom.
