Evidence-Admissibility of documents-Not necessary that commercial docu-
ments be in either English or Arabic

Evidence-Judicial Notice-Commercial practices of Indians considered in reach-
ing decision

Guarantee-Statute of Frauds-i-Verbal evidence sufficient

There is no law in Sudan that requires a contract of guarantee to be
in writing. Nor is there a requirement that commercial books be written in
either English or Arabic to be admissable in a court of law. Therefore, a
creditor who gives goods because of a. verbal guarantee can recover from
the guarantor, and can introduce as evidence his commercial books written
in a foreign language.

Appeal

October 29, 1927. Hamilton-Grierson J.: I will deal with the
appeal on the record and the written pleadings of the parties as none
of the parties appeared on the fixed dates.

Appellant claimed £E.57.865 m/ms, the price of goods supplied
between November 1926 and March 1927 to Omar Sheikh to the ac-
count of and under the guarantee of the latter's brother Adam Sheikh.

Omar admitted the claim and said the goods were on his own
account. Adam denied that the goods were supplied on I11s account

* Court: Hamilton-Grierson J.

or that he was in any way responsible to pay for them. The point
is that Omar is a man of no substance while Adam is a comparatively
well-to-do merchant and able to pay. '

The learned District Judge gave judgement in favour of the ap-
pellant against Omar for the sum sued for and costs, and dismissed
Adam from the action. The appellant appealed on the ground that
Adam should be held liable. '

On reading the evidence I am satisfied that Adam is liable con-
jointly and severally with Omar.

I note that the District Judge expressed the gravest doubt and
suspicion of the evidence given by each of them-an opinion with
which I entirely agree.

I cannot conceive that a member of that notoriously careful com-
mercial class-e-Indians=-would continue to supply a man of' obviously
no substance such as Omar without some guarantee or probability
that the debts would be met, and accordingly I accept the appellant's
evidence that Adam gave him verbal authority to supply Omar with
goods at his (Adam's) responsibility.

The District Judge has held that such an. authority must be in
writing. I know of no law in this country to such effect, and however
desirable. such a rule may be, and in its absence I hold a verbal au-
thority is sufficient.

Nor do I agree with his criticisms of the value or rather lack of
value of plaintiff's books because they are not written in English or
Arabic. No doubt it would be to the convenience of the court that
they should be so written, but that is not a ground for holding, they
are valueless. In the first place they are translatable, and in the second
place in my experience the account books of the Red Sea Province
Indians are very much better kept than those of the local Sudan trad-
ers, and therefore of a great deal more value.

There is also the evidence of Adam Eissa and Mohammed Nur
Feki that Omar acted as Adam's wakil and carried on Adam's business
during the latter's absence.

Further there is the significant change of front by Adam who first
stated he warned appellant not to give Omar Credit and later says he
did not warn appellant becaues he (Adam) never had any dealings
with appellant and then later on he says "I have had other transactions

. with appellant."