Question
Jeff lives in a small community in the Karoo. Last year the residents of the community decided that if a wild animal was roaming around,
Jeff lives in a small community in the Karoo. Last year the residents of the community decided that if a wild animal was roaming around, the first person to spot the animal would be given the opportunity to become its owner by occupation. Jeff spots a little goat roaming around and decides to try and catch it for himself. He goes home to collect his animal-catching equipment. When he returns, he finds that Jimmy has already captured the goat and asks him to hand it over as he spotted it first. Jimmy refuses and Jeff is forced to go to court to try to claim ownership of the goat. Jeff argues that the rule that "the first person to spot the animal would be given the opportunity to become its owner by occupation" was legally enforceable due to the fact that it amounted to customary law.
Discuss,to case law, if Jeff will be successful in court.
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