Preface

103
the person complained against. If the claim is for the distribution of estate just like
the one in the instant case the claim shall in addition to prayers for distribution of
estate of the deceased contain the name of the deceased, time of his death, the
wealth he left behind and names of all the heirs. This is in compliance with rule
77(2) of the Rules. It is of importance to bear in mind that court can only assume
jurisdiction where the Da’awa or claim filed before the court is a valid one. For a
claim to be a valid one it must filter through the criteria of validity. A detailed
explanation of this point is forthcoming under the next step. After entering of the
complaint the next line of action to be taken by a Cadi is to issue a court summons
or to invite the person against whom the complaint was brought.
STEP 2
When the plaintiff and defendant appear before the court the Cadi directs the
plaintiff to state to the hearing of the defendant his claim against him. So what the
Cadi did in the instant case when he directed plaintiff (Rohey) to explain her claim
was right. However, to repeat the question asked above: can the statement of the
plaintiff as we have seen it above make a valid Claim or Da'awa which can warrant
the court to assume jurisdiction? In Tuhfatul-Hukkam the requirements of a valid
claim has been postulated thus:
Meaning:” the matter in dispute must satisfy two conditions: the claim must
be specific and that it should have full explanation.”There is a plethora of judicial
pronouncement by Superior Courts in Nigeria on this principle. In BIRI VS
MAIRUWA (1996) 8 NWLR (PT 467) 425, the Court of Appeal held, per A. B.
Wali,