It is constituted by three Justices who come from the same Province and sometimes the same area as the disputants. They are therefore familiar with all customs in the area. Unfortunately, appeals in civil and criminal cases go to the Magistrates Court, rather than a customary court. Decisions are also subject to review by the District Magistrate. 5 Whilst appeals in customary land disputes go to the Customary Land Appeal Court, there is a further right of appeal to the High Court.
Appeal lies on matters of law only, but matters of fact are often 'dressed up' as law.
Other frequently pleaded grounds of appeal are bias on the part of the members of the Court. The high proportion of appeals could be said to defeat the object of having customary cases heard by those knowledgeable in the custom of the area. Consideration might be given to abolishing the right of appeal or establishing an alternative procedure. The High Court held in this case that customary law must be specifically pleaded and proved. Unfortunately, Parliament has not exercised its powers under this paragraph.