Preface

88
Rules 2010 which states that: Such application for the distribution of estate
shall contain the name of the deceased, the time of death, the estate sought to
be distributed and the names of heirs. This is clear evidence that the Court
before going into distribution is directed to take the following steps:
a- A request for distribution.
b- The name of the deceased person
c- The date of death.
d- The types of estate requested to be distributed.
e- The names of the beneficiaries.
f- To call witnesses on those pieces of information.
If the lower Court has followed these steps it would have traced the proper
status of the said Assan Sarr earlier before the distribution as stated in the
“Ihkamul Ahakam” page 12. [That there are two conditions which a valid claim
must satisfy after which that claim must be verified with clear evidence. The
two conditions are:
1- To verify the claim against the defendant.
2- To explain the reason and causes }
On page 7 of the records of the lower court, it is stated that the late has three
compounds, this is not enough to be a complete estate, and hence he mentioned
only compounds without other things related to the estate like:
1- The cash money deposited in P.H.B. of Serekunda as revealed on page 2-3
of the records.
2- Two cars as in page 10 – 11.