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Preface

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69<br />

(g) The defendant is then asked to respond to same by either admitting the claim<br />

or denying same,<br />

(h) Where the defendant admits the claim the case ends there and judgment is<br />

entered for the plaintiff based on the admission,<br />

(i) Where the defendant denies the claim, the plaintiff is asked to produce his<br />

witnesses which, in pecuniary claims or actions based on claim of properties<br />

of monetary value, must be:<br />

(a) Two male witnesses or;<br />

(b) One male witness and two female witnesses or;<br />

(c) One male accompanied with the claimant's oath or;<br />

(d) Two female witnesses and claimant's oath,<br />

The claimant’s oath in (c) and (d) above complements the second witness<br />

which cannot be found by the plaintiff to establish his claim before the court.<br />

5. Where the plaintiff has proved his case as outlined above, the defendant is<br />

asked to defend the case by calling witnesses to disprove or dislodge the<br />

plaintiff's claim in line with the procedure for proof adopted by the plaintiff<br />

above.<br />

6. After this the court then analyses the totality of the evidence adduced by the<br />

two sides and passes its judgment accordingly. See on this the case of<br />

Dahiru Gaya Vs Uwani (2007) 3 S. L. R. PT IV page 138.<br />

What distinguishes a Cadi from other stakeholders in the arena of dispute<br />

settlement is the evidence upon which his decisions are based and founded. Where<br />

this distinctive feature of proof is lacking from a court proceedings, the<br />

proceedings of that court, cannot be called a judicial proceedings, and no matter

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