This paper has two purposes: (1) to consider certain aspects of the concept of “legal fiction”; (2) to indicate some of the means by which a local African court avoids the potential conflict between African customary law and European law.

West Africa is a vast area consisting of many territories; of those five have come under the influence of the English law; four of these are within the Commonwealth, one is outside it. The four Commonwealth West African countries are: Gambia, Sierra Leone (which is to become independent early next year), the Republic of Ghana, and the Federation of Nigeria (which attained its independence on 1st October, 1960); the one non-Commonwealth country is the Republic of Liberia, the oldest independent state in West Africa.

We now leave West Africa to consider the history of the jury system in other parts of the continent and turn first to Zanzibar. This is the oldest as well as the smallest of Britain's East African possessions, and though the jury system was completely abolished there in 19492 its history prior to that is worthy of some consideration. It will be seen that the introduction of the system was due to the close ties of Zanzibar in its early days with India, and the later history of the system was greatly influenced by the example of its near neighbour Kenya. It is not surprising therefore that a system having little intrinsic justification and, as will be seen, great disadvantages, was finally abolished.