A nation's legal institutions must be established and maintained with a view not only toward administrative convenience, but also in accordance with the deep-rooted traditions of the people. Legal institutions superimposed upon a people without regard to their traditions and needs will never have the confidence of the people. Because of Ethiopia's status as an independent nation it has been possible for its legal institutions to be established and developed in accordance with the needs and desires of the Ethiopian people. A rich legal tradition, distinctly Ethiopian in character, has emerged. Ethiopia does not have the common law tradition, which was imposed upon nations of Africa that formerly were British colonies; it does not have that kind of civil law tradition that was imposed upon nations of Africa that formerly were colonies of continental states. The significance of law in Ethiopia and the importance of justice to the Ethiopian people have long been recognized by many scholars.1

The Tonga are situated in the Nkata Bay area of the Northern Province while the Lomwe are grouped round Chiradzulu and Mlanje in the Southern Province. Both tribes have a matrilineal system of succession, but in many other respects their tribal laws and customs diverge. This discussion will be confined to family law and custom.

Legitimacy constitutes an important aspect of Nigerian law. It has the strongest link with the allied question of succession. Most disputes as to legitimacy arise in relation to the right to succeed to property either testate or intestate. Consequently, although this paper does not deal with the detailed rules of succession we shall make several references to those rules.