Principles

·  Civil Procedure to sue in forma pauperi s—May not be dismissed without hearing

An application to sue in forma pauperis may not be dismissed without taking evidence as to the poverty of the applicant and considering the prospect of success in the suit.

Judgment

       Advocates: M. Tagalawi………. for applicant

             M. A. Orabi………... for respondent

M. A. Hassib J. April 27, 1964:—This is an application for revision of an order dated June 27, 1963, passed by the District Judge, Omdurman, rejecting an application made by the applicant to sue as a pauper.

      The application contends that the District Judge had wrongly dismissed the application and that the court did not consider whether the applicant is or is not able to pay court fees.

      On reply the respondent’s advocate said the Court could accept respondent’s objection without proof.

      The essentials of pauperism were no doubt facts for proof before the court below, and the court below in this case jumped to the result it arrived at without careful consideration. The certificate of pauperis mis prima facie evidence which was disregarded without any rebuttal from respondent. The court should take sufficient steps to ensure two things: (a) poverty of the applicant, and (b) prospect of success of the application. The hearing of evidence is necessary.

      The application therefore is allowed, the order of the District Judge is cancelled and the matter is sent back for re-inquiry.