Civil Procedure Act 1983- Jurisdiction

of Civil Courts

Dr. Gorashi M. Kanoan

 Outline of Presentation
1. Title of the lecture: Jurisdiction of Civil Courts
2. Outline of Presentation
3. Introduction
4. Classes of Civil Courts under the CPA 1983
4. Jurisdiction of the National Supreme Court
and the Court of Appeal
5. Jurisdiction of the General Civil Court
6. Jurisdiction of the District Court Judge
7. Jurisdiction of the Towns and Suburbs Benches
 Introduction
 Jurisdiction as to value and subject matter defines the court,
which has competence to hear and determine specific dispute
according to the law and the regulations.
 The rules defining jurisdiction of the courts are of a kind of
pubic order. Any party to a civil suit can contest jurisdiction at
any time during the stages of the suit. The court may of its own
montion raise the issue and declare that it has no jurisdiction.
 In instituting a suit, a court may find that it has no jurisdiction
and in such a case , the court may not accept the complaint but
has no right to dismiss the suit. See Al Nour Abdel Gadir Al
Amin v. Al Samrab Company for Export and Import (2010) SLR
at 215. It has the right to transfer a suit to the competent court.
 Classes of Civil Courts under the CPA 1983

The CPA 1983 (16-21) provides for the jurisdiction of

the courts. There are five classes of civil courts in the
Sudan: The National Supreme Court, the Court of
Appeal, the General Civil Court, District Court (District
Judge of the first grade, District Judge of the second
grade and District Judge of the third grade), Towns
and Suburbs Benches.
The organization of the courts and their jurisdiction is
impelled by considerations of public interest, the interest
of the parties and proper functioning of the
administration of civil justice.
In Mohamed Ibrahim v. Sudan Government (1971)
SLJR, at 79, where it was held that the District court can
not change its own decision unless it is reviewed by a
decision of a higher court.
 Jurisdiction of the National Supreme Court and the
Court of Appeal

• The jurisdiction of the National Supreme Court is technically classified into

appellate and reviewal. The Supreme Court shall determine contest by way of
cassation of judgments and orders passed by the Court of Appeal as well as
review of judgments that may have involved contravention of Sharia
fundamentals. In addition , the Supreme Court shall have jurisdiction to
determine on the constitutionality of laws and subsidiary legislations, protection
of the fundamental rights and freedom guaranteed by the constitution and
matters of conflict of jurisdiction. See Article 16 of the CPA 1983.
• The Court of Appeal shall have jurisdiction to determine appeals submitted
against judgments and orders originally passed by the General Civil Court and
the Judge of the First Grade. Also , appeals submitted against judgments and
orders passed by the General Civil Court in its appellate capacity (in judgments
of both District court judges of the second and third grades). In addition , the
Court of Appeal shall have jurisdiction to determine administrative contests and
decisions passed by a public authority. See Article 17.
 Jurisdiction of the General Civil Court

 The General Civil Court shall have a jurisdiction to originally

adjudicate on all civil suits without limit as to value or subject
matter.
 The General Civil Court shall have exclusive power to try:
a) originally matters relating to companies, trade marks, business
names and bankruptcy,
b) Suits of personal status of Non-Muslims,
 The General Civil Court shall have jurisdiction to determine
appeals submitted against judgments and orders passed by
District Court judges of the second and third grades as well as
judgments and orders passed by the District Judge of the First
Grade in an appellate capacity and its decision shall be final. See
Article 18 of the CPA 1983.
Jurisdiction of the District Court Judge
 The District Judge of the First Grade shall have
jurisdiction to determine any suit without limit as to
its value and to decide on appeals against judgments
and orders passed by Towns and Suburbs Benches.
 The District Judge of the Second Grade shall have
original jurisdiction to determine any suits the value
of which may be specified by the Chief Justice.
 The District Judge of the Third Grade shall have
original jurisdiction to determine suits the value of
which may be specified by the Chief Justice. See
Article 19.
 Jurisdiction of Towns and Suburb Benches
 The members of these benches are usually laymen
who enjoy a reputation for moral integrity and hold
a good social position in their locality.
 These Benches have jurisdiction to entertain suits of
a simple nature and the jurisdiction as to value shall
be specified by the warrant of establishment.
 Towns and Suburbs shall not entertain suits:
a) which a government department or association
having corporate personality, is a party;
b) suits relating to ownership or registered land or
ownership of estates;
c) Suits the cause of action is based on negotiable
instruments. Article 20.