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