Section 53
of Native Courts Native Customary Laws Rules 1995
Section 53
Any person who refuses to honour a promise commits a breach of native customary law of koimanan and shall be liable to pay compensation at a rate not exceeding 20 per centum of the total agreed purchase price or value, as the case may be, of the subject-matter of such promise:
Provided that no person shall be compelled to honour any such promise where the other person has opted to sue for compensation.
EXAMPLES
(a)
A refuses to honour his promise to B because A would be better off by not honouring such promise.
(b)
A refuses to honour his promises to B because of influence and interference by a third person which A could have avoided.
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(c)
A refuses to honour his promise to B because of objection from any member of A’s family which A could have avoided.
(d)
A refuses to honour his promise to B because of a change of circumstances whereby A would incur or anticipates loss by honouring such promise.