Principles

·  Conflicts of Law—Commission—Cannot be issued to courts outside the Sudan— Letter of request must be issued

·  Civil Procedure—Commission—Cannot be issued to courts outside the Sudan— Letter of request must be issued

A commission cannot be issued to courts outside the Sudan. The proper procedure is the issue of a letter of request to a foreign court.

A commission cannot be issued to courts outside the Sudan. The proper procedure is the issue of a letter of request to a foreign court.

Judgment

   Babiker Awadalla J. December 21, 1963: —I am of opinion that this application should be allowed.

   A commission cannot issue to courts outside the Sudan. To foreign courts we issue a letter of request. It was therefore in my view incorrect for the court to accede to any application of this type. I think that this case can be decided without the necessity of hearing Mr. Duvallon or obtaining his evidence through the protracted means of issuing a letter of request.

   It is not true, as the learned advocate for respondents seems to contend, that applicants did not object to the evidence of Mr. Duvallon being obtained by the means now sought to be invoked. I think they did so object in their written application of July 13, 1963.

   This application should therefore be allowed with costs, and the decision of His Honour the Province Judge to obtain the evidence of Mr. Duvallon is hereby set aside and case ordered to be disposed of on evidence available inside the Sudan.

   M. A. Abu Rannat C.J. December 21, 1963: —I concur.