Preface

106
R. 77 (4) Any distribution of any estate in contravention of Order
X111 sub-rule 2 and 3 or this Order shall be null and void.
For these reasons my answer to the above question is: there is no valid
Da'awa or claim before the lower court and I so hold. At this juncture may I
suggest the following as a format of how an ideal and valid claim of this kind
should read:
I am here to apply for the distribution of the estate of my late
husband namely Adama Aliu Ceesay who died on (state the date),
living behind two widows namely (state their names) and two sisters
namely (state their names) (whether they are germane or consanguine
sisters or whether one is the former and the other is the later all these
must be clarified). He left no father, no mother and no child. The
deceased also left so and so properties at so and so places.
STEP 3
The Cadi shall now turn to the defendants in order to take his response to the
claim of the plaintiff. The purpose of this is to avail the defendant an opportunity
to deny or to object or to make a counter claim if he has any. For example at this
point an heir may claim gift or purchase of an estate from the deceased. Where one
of these kind of counter claims is raised by one of the heirs the Cadi must resort to
conducting a trial within a trial with a view to determining the truth or otherwise of
the counter claim before he proceeds with the original case. At the instant case
what the Cadi did by requesting the defendants to respond to the claim of plaintiff
was right.