Principles

·  Civil Procedure—Judgments—Necessary elements—Civil Justice Ordinance, 1929, s. 93.

A judgment which does not disclose the points for determination, the decision and the reasons for the decision, in accordance with Civil Justice Ordinance, 1929, s. 93, is improper and will be set aside.

Judgment

Advocates: Abdel Rahman Yousif        for applicant

      Mohamed Ahmed Orabi    . for respondent

      Hassan Abdel Rahim P.J. May 23, 1964:—This is an application against the decree of the District Judge, High Court, Khartoum, dated July 8, 1963, given in HC-CS-9-1962.

      It is contended by applicant that the decree is not based on any formal judgment.

      The case is disputed and the burden of proof was on respondent. It is clear from the record that the court below passed a decision which did not disclose the points for determination, the decision and the reasons for decision. Such a situation is contrary to Civil Justice Ordinance, 1929,s. 93.

     Accordingly, the application is allowed and there shall be the following orders:

1. Decree of the court below be set aside.

2. Applicant should be heard.

3.  Proper judgment under Civil Justice Ordinance, 1929, s. 93, be passed promptly.