rights before the court, of which the contested decision was written down in absence of her own will)). So, the Appeal Court judgment no. 222/2017 cancelled the appeal and upheld the trial court judgment. The last appeal in cassation, however, was brought forward before this court by the accused who nevertheless had not challenged the appeal court judgment. The reasons he raised in this appeal in cassation were not an object of hearing before the appeal court. It might have been simply said that, the appeal in cassation is formally accepted and cancelled from the subject matter point of view, but the trial proceedings may be tacked in general and discussed in light of whatsoever written in the minutes of the trial. No doubt the complainant then challenged the conciliation that conducted before the trial and mentioned ((she had never waived her right before the court and the minutes were written in absence of her own will)), is rather challenging the validity of the minutes. It is understood that the minutes of the trial cannot be challenged. ((Please refer to the precedent of Government of Sudan against Deng Al Shaikh Aloya - 230/76 - Magazine 1976.)) On the other hand, the contested judgment is a reconciliation consented by parties for lifting the dispute and ending litigation between both conciliators in accordance with the provision of Article (286) of Civil Transactions Act 1984. By virtue of the provision of Article (293/2) of the same Act, the conciliation becomes binding upon both parties thereto and a withdrawal from which may not be justified for either party or his heirs. The same said reasons in respect of complainant are applicable to the accused, as well as the appellant may not from the legal point of view seek cancellation of the contested judgment because whoever seeks challenging whatsoever is done by his hand, his seeking is dismissed by virtue of the provision of Article (5/c) of Evidence Act 1994. In consideration of the premises, we are in the opinion that the appeal in cassation should have to be cancelled. Kassim Hamid Hussain Kassim Supreme Court Judge 22/05/2018 Second Opinion: Hashim Ibrahim Al Toum Supreme Court Judge 22/05/2018 Third Opinion: Dr. Suleiman Mohamed Shayeb Supreme Court Judge 24/05/2018

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