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AWAD MOHAMMED NOUR vs. EL FADIL IDRIS

(HC/REV/ 957)

Revision.

Principles

·  Evidence — admissibility of criminal conviction in civil suit.

Evidence of a criminal conviction is inadmissible in a civil suit to prove the facts alleged to be the basis of the conviction.
Hollington v. H (1943 )I K.B. 587 followed.

Judgment

The plaintiff brought an action against the defendant claiming damages for negligence. The plaintiff alleged that he had been injured

as a result of the negligent driving of the defendant, and he sought to prove a criminal conviction arising out of the incident as evidence of the defendant’s negligence. The District Judge attached to the High Court, Khartoum rejected the evidence as inadmissible, and dismissed the action. The plaintiff applied to the High Court for revision of the decree.

Advocates: El Sayem Mohd. Ibrahim…………. for the applicant (the plaintiff)

Mohd. Ibrahim Khalil .………………………… for the respondent (the defendant).

D.S. Abu Ghazaleh P.J. The case is a claim for damages based on the allegation of negligent driving resulting in a fracture of the plaintiff’s right arm and elbow. The learned trial Judge dismissed the claim. The points for my consideration in the application are these

I. Whether or not the Judge was justified in his findings of fact, and 2. whether or not a conviction in criminal proceedings is admissible in a civil suit.

As regards the first matter I find that there was enough evidence for the learned Judge to draw the legitimate inference that there was no negligence on the part of the defendant, and I see no reason to interfere.

As regards the second matter I hold that on principle and authority evidence of the conviction is inadmissible in civil proceedings : see Hollington v. Hewthorn (1943) I K.B. 587.

Application dismissed.