In the name of Allah, the Merciful
The National High Court
Personal Status Circuit
Cassation Decision No. 150/2016
Issued by the High Court Panel, Personal Status Circuit, Second Session on 09/03/2016
chaired by Mr. Dr. Ilham Ahmed Osman Wanni, membership of Mrs. Mofida Yousif Abbas,
and Mr. Abdul-Aziz Elrashid Mohamed Osman, Judges of the High Court.
The appeal papers No. 311/2015 – Khartoum Court of Appeal – PSC, as well as the papers of
Estate No. 239/estates/2013 – Shajarah Court were submitted.
Where were registered under No. 75/cassation/2016
The Appellant: The Heirs of Elnaeim Elawad Abdullah and Kamal Elnaeim Elawad
The Appellee: Thuraya Abdulrahim
During the course of the procedures of estate No. 439/E/2013 of Elnaeim Elawad Abdullah
Elhaj, the Heir Thuraya Abdulrahim on her own behalf and on behalf of her minor daughter
submitted a request related to be granted her own portion and the portion of her minor
daughter with regard to the compensation granted by the Department of Lands in exchange
of the plot No. 10, Block in Wad Ajeeb after having been affected by land planning and
removal, and which was received by the Heir Kamal Eldin Elnaeim. After reply and comment,
the Court decided to reject the request. An appeal was submitted to Khartoum Court of
Appeal – Personal Status Circuit, which issued the judgment No. APP/311/2015 ordering
revocation of the appealed decision and return of the papers to Shajara Court for Personal
Law to continue procedures in accordance with its guidelines set out in the memorandum.
Advocate Suleiman Mohamed Fadallah submitted an appeal subject of consideration on
27/01/2016 on behalf of the appellants after having known the judgment subject of appeal
on 14/01/2016. Therefore, the appeal is acceptable in formality and must be submitted
within the suggested time limit pursuant to the provision of Article 190 – Civil Procedures,
1983.:
Among the reasons for appeal was the one which could be summarized as the Sharia court
not being concerned with consideration of disputes of money that had relation with the
deceased, due to the limited jurisdiction in Article (9) Chapter Two of the Table annexed to
the Civil Procedures Act, 1983.
2/ The Trial Court did not consider the parts that were re-structures and evaluated, which
means that the Advocate of the Appellee has included parts which were not subject of
consideration by the Trial Court.
Therefor they request the revocation of the Court of Appeal's judgment and support the
decision of the Trial Court.