Conditions for the validity of the Charge or

Claim
• The words forming- must clear & unequivocal terms. If not – invalid .
E.g use words “…I believe, … In My opinion.., “ – there are however
no require to use specific terms/needed only words that convey exact
purpose to charge or claim
• The charge shall be read out in presence of defendant- would be
improper for trial if be held in absence of defendant
• The charge shall be read out in court- Shari would not recogniese a
charged read outside of the court
• The charged shall be conveyed by wordof mouth spoken by plaintiff or
by prosecutor – oral charge/written charge would be readout in court
• The charged should not have any self-contradictory terms. e.g an
acquisition coupled with a denial.
• The plaintif shall entered prayer seeking the courts against the
defendant
• The charged shall contain the necessary particulars to alleviate any
ambiguities in the charge
• The plaintiff shall make request for the court to examine defendant in the
matter of charged until the defendant had given admission/plea/guilty @
not guilty
• If subject-matter involves movable or immovable property- the defendant
hd come into possession or control the property through wrongful means.
• If subject matter involves movable property- brought to court without
incurring excessive expense –plaintif shall makes request to the court to
allow
Condition for Plaintiff or Prosecutor
• The plaintiff shall be competent- excludes charges insane person or
minors(not mumayyiz)
• The plaintiff shall have locus standi-dependant om the circumstance
case/subject matter of the claim.
Conditions for the defendant or Accused
• The accused or defendant shall process sound and mental helath- no
valid prosecution v insane person/not mumayyiz child
• The defendant shall have the locus standi/interest in dispute.
• The defendant shall be clearly clarified- e.g. charge claiming
entitlement shall not be sustained/cannot be deliberated- due to
inherent ambiguities therein
• The nature of charge shall be such Liability- created v defendant if its
proved- if not, rejected the charge by court
Conditions for the Subject-matter of the
Charge or Claim.
• Subject-matter of the charge or claim shall be capable of being proved
logically/by way of customs – Claims illogical, invalid
• Subject matter of the charge or claim shall be known & recognised-No
liability can be created by a thing that unknown
Determine the proper parties
• Plaintiff the party who capable of commencing ligitation on his own
free will
• Defendant party who will incur liability in the event of his failure to
rebut plaintiff claim
• The plaintiff party who claim right or interest
• Defendant party whom liability will be imposed if the claim is decided
in favour of plaintiff
• Plaintiff who claimed right or interest contrary to what is apparent
• Defendant who tries to defend the apparent & existing status quo
• Plaintiff the party who institutes the claim
• Defendant the party who denies the claim
• Plaintiff the party instituting the claim supported by EVIDENCE
• Defendant the part who will be LIABLE to take the OATH if he denies
the allegations made by plaintiff