NEGmA MOHAMMED, Applicant-Plaintiff v. MAHBOUBA EL SAYED, Respondent-Defendant
Civil Procedure-Review by Court of Appeal-Whether Court of Appeal bound
by decision of lower court on question of fact
The Court, of Appeal and courts exercising appellate jurisdiction in this
country can reverse the decision of a court of first instance on a question
of fact.
Coghlan v. Cumberland [1898] 1 Ch.D. 704 discussed.
Khoo Sit Hoh v. Lim Thean Tong [1912] A.C. 3,23 discussed.
Application for Review
This was an application to the Court of Appeal asking it to de-
termine whether the decision of the court of first instance on the facts
was, or was not conclusive.
July 1, 1924. Dun C.J.: 'As regards the right .of a Court of Appeal
to reverse on a question of fact the decision. of a judge sitting without
• Court: Dun C.l. '
a jury, the court has considered the English cases and particularly
Coghlan v. Cumberland [1898] 1 Ch.D: 704 and Khoo Sit Hob v.
Lim Thean Tong [1912] AC. 328, 'and is of opinion that it is not'
bound by the decisions of the judge of first instance on matters of fact.
In my own experience as Advocate General, I have known the
Court of the Judicial Commissioner (which was the predecessor of the
Court of Appeal) to reverse the decision of the court of first instance
on a question of fact, and I am sure that this practice has constantly
been followed by all courts exercising appellate jurisdiction in the
Sudan.
The Court of Appeal is convinced that it is absolutely necessary
for the Administration of Justice in the Sudan that it should exercise
this power with a much wider discretion than that indicated in the
judgement of Lord Robson in the Privy Council Appeal cited above.
Application: dismissed