Preface

102
same way other cases are commenced in Cadi courts. In other words it
commences with filing a valid claim before the court. As it appears on page 1 of
the record the case kicked off on 8/12/2009 by the plaintiff Rohey stating her
claim before the court which was followed by response of the respondents and
court's ruling thereafter. The graphic account of what transpired in the court on
that date (8/12/09) was stated above but without the fear of repetition I will
reproduce the following portion due to its importance:
'' I came here to call these people that our husband has died and I
want for the court to distribute the estate. He has left 3 compounds
properties one in Allen Street one in Fajara, one in Yundum, one
Mercedes Benz saving account at the standard chartered Bank.''
The question one may ask is: Can the above statement make a valid claim
before the court? Did the court follow the proper procedure? To answer these
questions relevant authorities have to be invoked. However, to give an illustrative
exposition of the afore-Cited rules I am prepared to take the pain of explaining
their intent step by step as follows:
STEP 1
Whenever any person desirous of filing a case be it of inheritance or
otherwise appears before a Cadi and expressed to him his intention of filing a case,
the Cadi shall listen to his claim or his Da’awa as it is otherwise known. If the Cadi
is satisfied that the Claim has fulfilled all the criteria of a valid claim or da’awa he
shall cause the claim to be entered. To enter a claim means that the Cadi shall
order the scribe or registrar of the court to record the substance of the complaint in
a book or register to be kept in the court for that purpose. The complaint that will
be entered must consist of the full name and address of the complainant and that of