b) the Sharia Law in cases where the parties are Muslims except so far as it
has been modified by such custom as is above referred to.
6.
Law to be Applied in Absence of Express Provisions:(1) In matters of procedure not provided for by this Act, the Court shall apply such rules
as are likely to serve the ends of justice.
(2) In cases not provided for by any law, the Court shall act according to the New
Sudan judicial precedents, custom and principles of justice equity and good
conscience.
CHAPTER 2.
INTERNATIONAL JURISDICTION
7.
Suits against Sudanese:With the leave of the Court, and with the exception of suits in respect of immovable
property situated abroad, a suit may be instituted against a New Sudan National before
Courts of the New Sudan even if he has no domicile or residence in the New Sudan.
8.
Suits against a Foreigner with Domicile or Residence in the New Sudan:The Courts of the New Sudan shall be competent to try suits instituted against foreigners
who are domiciled or resident in the New Sudan except suits in respect of immovable
property situated abroad.
9.
Suits against a Foreigner with no Domicile or Residence in the New Sudan:The Courts of the New Sudan shall be competent to try suits instituted against foreigners
who are not domiciled or resident in the New Sudan in the following circumstances:a)
if the subject matter of the dispute is connected with a movable or
immovable property in the New Sudan.
b)
if the suit is in respect of a liability which arose or was performed or ought
to have been performed in the New Sudan, or in respect of an act of
bankruptcy or other acts which took place in the New Sudan.
10.
Suits of Personal Matters against a Foreigner:The Courts of the New Sudan shall be competent to try suits against a foreigner who has
no domicile or residence in the New Sudan, in the following circumstances:(a) if the suit is for the annulment of marriage or divorce or for judicial
separation, provided that the petition is by a wife who is domiciled in
the New Sudan against her husband who changed his New Sudan
domicile and deserted his wife after the cause of action arose, or who
has been deported from the New Sudan;
(b) if the suit is for maintenance of a child resident in the New Sudan or a
parent or a wife who is domiciled in the New Sudan;
2