Preface

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the court particularly the distribution of the deceased's estate face to face with
annulment under rule 77(4) of the Rule which reads thus:
R. 77 (4) Any distribution of any estate
in contravention of Order X111
sub-rule 2 and 3 of this Order
shall be Null and void.
For these reasons my answer to the above question is: a valid statement of
claim is the one that is well coached in observance of all legal requirements as
clearly stated and explained above.
Finally, we are convinced that the lower court did not have jurisdiction to
hear and determine the instant case which is based on a statement of claim for the
sale of a landed property, and so we hold and determine the first issue.
Having dealt and resolved the issue of jurisdiction squarely and decisively
in the negative or against the lower court it would certainly follow that all the
subsequent steps taken by the court have become baseless and without foundation
since you cannot put something on nothing and expect it to stay. Consequently,
determination of the remaining issues which were fabricated upon these baseless
steps is tantamount to a mere academic exercise which courts are always
discouraged to engage into. See Edward Graham V Lucy Mensah (2002-2008)
GLR VOL 1. (at 40). For this reason it is our resolve to decline engaging into an
exercise in futility.