In spite of the fact that, the assessment of expenses is the absolute power of the Trial Court and is not subjected to the supervision and control of the higher courts, but the basis upon which such assessment is made, is necessarily subjected to the supervision and control of the higher courts - Cassation decision/8/1972, Journal 1972, page 38-42. It is established and has been decided that, the defendant is a prisoner and is not known to have income that exceeds poverty limits. Based on the above, I believe, if my respected colleagues in the circuit agree, that the judgment shall be cancelled, the papers of the case shall be referred back to the Trial Court to hear the defendant’s reply and his income shall be reinvestigated and then, assessment evidence shall be heard in his presence. Dr, Zaroog Al Tayeb Muneer “signed” Judge at the Supreme Court 07/07/2015 ** I agree with my colleague in both conclusion and causation, Dr. Muaaz Ibrahim Abaker “signed” Judge at the Supreme Court 08/07/2015 *** Fatima Ibrahim Saeed “signed” Judge at the Supreme Court 08/07/2015 Final Order*** (1) Decision issued by the Trial Court shall be cancelled. (2) Case’s papers shall be referred back to the Trial Court to proceed the case in accordance with Appeal pleading. Fatima Ibrahim Saeed “signed” Judge at the Supreme Court Head of the Circuit