Preface

163
without answering a corresponding question, to wit, what makes a valid statement
of claim?
To answer this question the relevant legal materials have to be invoked.
Order XX111 Rule 111 of the Cadi Courts (Civil Procedure) Rules 2010 provides
that the practice and procedure of the court shall be conducted in accordance with
the rules of Islamic Law. In Tuhfatul-Hukkam (a famous Islamic Law book on
practice and procedure) the requirements of a valid statement of 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,
'' Under Islamic Law, the subject matter of a dispute has
two conditions, namely:- ascertainment of the claim
and explanation of the claim through evidence. The
first circumscribe the scope of the claim whereas the
second establishes the claim.''
Maidama, JCA, in MAFOLATU VS USAIN AKANBI ITA ALAMU
(UNREPORTED) held;