In reply to what was set out in the Appeal in terms of causes, I see that the appealed
judgment must be supported due to its correctness and soundness for the following:
First: With regard to Article (9), of the Third Table annexed to the Civil Procedures Act, 1983,
The Sharia Court, and according to paragraph (K) thereof, has been concerned with
delimitation of the estate money since the submission of the delimitation request, its
distribution, settlement of small and big portions and hearing of all the disputes related to
the issues raised during the consideration of the estate in accordance with Article 111 of the
Third Table. Hence the Court shall consider the dispute, even if it is out of its jurisdiction
whenever conditions are met.
As for what was mentioned about construction, it was discussed during the Case. Even if it
was not discussed, as it was submitted by the person against whom the request was
submitted, there must have been investigation in the money received before, along with
explaining the cost of reconstruction and to be calculated on the remaining because that
was the right of the heirs, as it was related to the real estate owned by their legator.
Therefore, regarding the correctness and the soundness of the appealed judgment, I see
that it must be supported and a summary judgment to drop the appeal with its fees is to be
issued, as it is hopeless. It is worth mentioning that I must explain to advocate / Mohamed
Osman Mahmoud Elumda that he had submitted a request on behalf of the appellee on
16/02/2016 requesting revocation of the order issued by the High Court and demanding the
papers subject of judgment under consideration, in order to address Shajara Sharia Court
and continue in the estate procedures. We see that his request must be rejected. The papers
were placed before us, and the appeal was considered in accordance with what had been
mentioned because the submission of the appeal necessitated to be considered for the
realization of justice.
As
Assistance is sought from Allah and all matter shall be referred to him
Mufida Yousif Abbas
Judge of the High Court
02/03/2016
Dr. Ilham Ahmed Osman Wanni
Judge of the High Court
28/02/2016
Abdul-Aziz Elrashid Mohamed Osman
Judge of the High Court
06/03/2016
Final Order:
1. The appealed judgment is to be supported
2. The appeal and its fees must be dropped by a Summary judgment.
(Signed)
Dr. Ilham Ahmed Osman Wanni
Judge of the High Court
Chairperson of the Circuit
03/09/2016