CHAPTER 6
MATTERS NOT WITHIN THE
JURISDICTION OF COURTS
28.
Prior Adjudication:(1) No Court shall try any suit or issue in which the matter directly and substantially in
issue in a former suit between the same parties or between parties under whom they
or any of their claims, litigating under the same title in any Court in the New Sudan.
Of competent jurisdiction established under this or any other Act, if the suit or issue
has been heard and finally decided by such Court.
(2) Any application contained in a petition or a ground of defense in such former suit
shall be deemed to have been a matter directly substantially in issue in such suit.
(3) Any relief claimed in the plaint which is not expressly granted by the decree shall,
for the purposes of this section, be deemed to have been rejected.
(4) Criminal proceedings are not a suit within the meaning of this section.
29.
Pending Suits:No suit shall be allowed in respect of a dispute pending before a competent Court.
PART II.
FRAMING OF SUIT,: SUMMONS,
VALUATION OF A SUIT, APPEARANCE
AND NON-APPEARANCE OF PARTIES
CHAPTER 1
Framing of Suit
30.
Contents of the Suit:(1) Every suit shall include the whole of the claim which the plaintiff is entitled to make
in respect of the cause of action; but a plaintiff may relinquish any portion of his
claim in order to bring the suit within the jurisdiction of any Court.
(2) Where a plaintiff omits to sue in respect of, or intentionally relinquishes any portion
of his claim, he shall not afterwards sue in respect of the portion so omitted or
relinquished.
(3) A person entitled to more than one relief in respect of the same cause of action may
sue for all or any of such reliefs, but if he omits, except with the leave of the Court, to
sue for all such reliefs, he shall not afterwards sue for any relief so omitted.
7