( The National Supreme Court )

Revision No.39/2019

Issued on 5/5/2019

Judges:

President

 Hon Justice: Elamin El Tayeb El Basheer     Supreme Court Judge

Member

 Hon Justice: Fayiza Ibrahim Zein Elabdin    Supreme Court Judge               

Member

 Hon Justice: Ijlal Ahmed Waddad                  Supreme Court Judge

Member

 Hon Justice: Mukhtar Fadlalla Mukhtar        Supreme Court Judge

Member

 Hon Justice: Mohamed Sayed Fadl               Supreme Court Judge

A legacy Case

General principles  – cancellation of Sharia Ialam – impack – does not include waivers that took place within the legacy . 

Ratio:

Cancellation of the Sharia Ialam does not include waivers that took place within the file of the legacy and may be used as guidance in other proceedings if it is not proved that the contrary has been issued  

Judgement

Judge: Mukhtar Fadlalla Mukhtar

Date: 20/3/2019

This application for review presented by Advocate Abdel Rahman Jibreel Hassan on behalf of the heirs of the late Mahjoub Ali Mohamed Ahmed against the decision of the Supreme Court (Revision Panel) under No. 10(Revision/ 2018 cancelling Sharia Ialam No. 119/1988 issued in legacy 121/1988 Kareema court. The application has been formally accepted and paper collect for .

This alleged in the application that supreme court cancelled the antecedent Ialam despite its inclusion of a waiver from the right grandfather and the mother of deceased in favour of deceased sons and that this cancellation will after the legal status of the heirs and therefore asked for a reaffirmation of these waivers .

   This application can be dealt will as application for revision since review is  reserved only for judgments.

     By perusal of the legacy record it appears that Ialam No. 119/1988 was issued comprising the waiver of the minors grandfather Shumain Ali Shumain and the mother of deceased Amina Mohamed Tayfour of their shares in deceased property, his version, gratuity or any other belonging to be divided equally between  the sons and daughter  of deceased  .

    As Ialam No. 119/1988 issued after Ialam On . 119/1988 issued after Ialam No . 44/88 issued by Khartoum south Court was cancelled by the decision in the revision this does not prevent the legacy judge of Khartoum south from being guided by that Ialam since cancellation was for the Ialam only and does not include the waivers that took place inside the legacy record. Therefore we should affirm these waivers in the record of legacy On. 121 Kareema court as the contains does not appear in the record of the legacy which contains the valid Ialam. If my colleagues agree think we should dismiss the application  summaries .

Judge: Ijlal Ahmed Waddad

Date: 24/3/2019

I concur.

Judge: EIamin El Tyeb El Basheer

Date: 14/4/2019

I concur.                 

Judge: Fayiza Ibrahim Zein Elabdin

Date: 28/4/2019

I concur.

Judge: Mohamed Sayed Fadl  

Date: 29/4/2019

I concur.                 

The Final Order:

Dismiss the application summary.

                                El Amin El Tayeb El Basheer

Judge of the supreme Court

President of the Court

5/5/2019