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.

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