Preface
Preface
Preface
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104<br />
'' Under Islamic Law, the subject matter of a dispute has two<br />
conditions, namely:- ascertainment of the claim and explanation of<br />
the claim through evidence. The first circumscribe the scope of the<br />
claim whereas the Second establishes the claim.''<br />
Maidama, JCA, in MAFOLATU VS USAIN AKANBI ITA ALAMU<br />
(UNREPORTED) held:<br />
''Two conditions are essential to the subject matter in dispute. There<br />
should be clear statement of the complaint followed by proper<br />
description of the subject matter''<br />
What these requirements go to show is that it is the pre-requisite that for a<br />
claim or Da’awa before a Cadi court to meet the degree of clarity required by<br />
Sharia to qualify for hearing, it must be realistic, unambiguous, definite, precise,<br />
apt, succinct, full and complete and must not be evasive, vague and bogus. In<br />
addition to all that have been said rules 77(2) & (3) of the Rules imposes two<br />
additional conditions if Da’awa is in the form of an application for distribution of<br />
estate the Da’awa or claim must contain name of the deceased, the time of his<br />
death, the estate sought to be distributed and names of all heirs and their status. It<br />
is also a condition precedent for a valid claim for the distribution of estate that the<br />
claim must be accompanied by a valuation report. The relevant rules read thus:<br />
Rule 77(2) of the rules provides that such an application for the<br />
distribution of estate shall contain the name of the deceased, the time<br />
of death, the estate sought to be distributed, and names of all the heirs.