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Dissenting Opinion of Judge Al-Khasawneh, P

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Dissenting Opinion of Judge Al-Khasawneh, P # ! 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P(1 .8 +$<$* ;>M 9r ,=' M' 2*] D R(B; & 12 EB & w =MZ -0D $'* () L 2+ &M ' L =:$ -(%B' " 7S# Y&Z -0D $'* (s) (\ M & ` 7D' "** & ` ) & ` % C (e) ! .10 &T :7 / +,/012 ( ) * +,*-. % &' -$ " ,' " .ERB( <( ;>8 D R(B; & 1 Y&Z 2X( -d # <%4 @BZ -0UD ( 1905 @+ p$' B # x C -X ./ -* w Z * # )& * %by " ,' R&1 # E%$M L ( X .-#R&X s$! 7' $) B;( RB {B;( (1905 $) B;( RB z % 6 E%]gD )* ? R(B " )" ' :R -$ 6 ;( .(-#R&X 6 [ ` p$' B Z U] [' ] R(B 2+ -$ - Q *X )<( J?Q &D( -#R&X " D 28 %Rg N`; )R(B O/ X *( " &UC -&' &T( # ?X&* EB B] (R # %Rg <& # 12 ;>8 - 7D )R(B B B *D <( )L( LP _ ' . #%( o $*3 . \ <$ Y&Z *L X J; . 62+ .R(B O/ R$!( L/D " & 3( .&M-$214 =W E& # ,=b( 6 ~$!&D * *L ( p$] Y&ZD AR ./ $ ^2Z / - N &Q "( .' :R EY&: LY&:( ; * R4 .\<( %& . -(BD1L+ VB CD LD( L ( "+ 2Z 6 N1C 2 E& W ' b( "+ E%+ e(&Z / '2; [2 Z R&` ./ & &' ( -2 (s&C &D Y$ ) $ 2•*# ' b$ # & ^* .8 250 " MMZ ERBC # ' * R(B; & 6 B # Y&Z ;>M 4 L Y$ " :> . L # p$'2 " ,c # ` p$' B Z U R(B; C<( € ; ) L 2 : )-(&Tt q x C -X € ;( )BCD " &Tt :( . # ( 1905 @+ R$!( .-(&Tt @$:( & `* &U #&Q1 " WC %] " V1 ? $X S N1C2 & W & &' ( -3 $W 7D' 4 $'D '2C !$$ $ &a( • %Rg >1`( R " ` ' c'*D LC *! !?• ) !$$D(&W( !$$ R( •LBZ D( 2 2C D&3( O%RM ~$ 62+ & &' # S N1C2 & W* "( .E&8C ] *% # R(B & 2*+ - )5 N`D *D% ( )( ` " $' _ '*D %$: ) Y&Z -0D ~ B 7a Y&* - 5 .& &' + #R [C< X K * L B: %]g( 4 $'D '2C * L &a , ( % TD " * L $X ( L R(B & 62+ LD " &WX )5 6 ( #&Q1 " Y&* L ' 2 ' 'D - -(R )* ' ` ‚$ T 7] # L1= Y! /( .:R " 5 S ' (` -ƒ# )5 " _C 62+ .* ' ` ^: " 2' <%4 -0D <$ 1 Joel v Morison [1834] EWHC # R%( $ *X )DgD (`*2 .? 2g -$' " E%C O/ & C KB J39 (Court of Exchequer, 3 July 1834), per Parke, B: “The master is only liable where the servant is acting in the course of his employment. If he was going out of his way, against his master's implied commands, when driving on his master's business, he will make his master liable; but if he was going on a frolic of his own, without being at all on his master's .business, the master will not be liable.” ( Y&Z " 7=' :$( 2* K(&aD A%R $X " /( ).&M-$214 =W . 2' R(B 7 W* EB;( !%R 62+ * ' ` c$ T ^: $* ' )7<#4 =>P " # O$C ./ s$24 J>T " $: Y&Z - S N:$C Y$`D %/* "( -4 1D) o %4 " C( Y?! SD )C *D 8( "* ./( ) & S o %4 O/ - (& - (?1+ L4( .QR ERS R R$!( 3% )( 12D N`D L<% # $b $'; s8 R&1 6 Y $? )" &Tt( & `* o % .p$' x + ^* "+ & WX [2 Z " ./ LU + ^* *U ^Z 2 D ) =B L$X " &WX ' #$ s4( -y( -5 AB;ƒD >*+ P$' ' Y&Z `: € ; V*] ' :R 22( !%R 10 B+ RB* 2+ &a ( )".(` D X& U* C R%$* @` :" B*D '2C * L &a )V*] ,=:R 10( !%R 10 B+ &M Z ^ZD ^Z 5 "+ L <C ( .LD w •2T ./ ^Z ^'# -X *( )' *2 *U R(B & Y&Z C $( J D N! 6( .p$' B2 " 4 $'" # L ./ -* 6 Y&Z O/ Q2D B+ "( .D&Q( :&U " Z S L 2 D )*U ^Z Y&Z & &' - . )! "* ./ B ;$ e 6 L )2;&* #&Q1 " WC* %]g( !$$ $` &a YW D )Y] -y , B: L -$ ^'# e / 6 YL B+ .V! ;&c N1 D( ) &U D " LR ( " #& C#& q 62+ R(B & L 2*+ # BD - -(BD )EB B! * ' ` Vc$ T ' - L % T 5 " BD ." & * " * & 3 ‚$ Z O/ .(L ( L P(1 N` /L() )=?1 J Dg \ L ( " ( )*U ^Z J D # L D 2*+ ./ q '* $( )" c: 7 R" .0D $+B /( . D&Q( :&U R(B J D # D /T ./ q '* $( )"…KX 7 2C" .0D P(1 Y&Z D c ./ 7 2C -(R R(B L*% J>T " L 7C1 &Tt N R %BD [Z* .& / B )J$:4 O/ bg( .L _ '*2 'c L ( .EB B1 R(B 5 6 ,7 / *&8 9&: 5; '<* 6'# =;# !'4> =5 -34 .3$ CD95 10 !B 5 10 ?) < : # WD :$( 2.P& U †#; J: *X "J& 62+ 4 &M:" -6 -$ `# p$' B Z U* 2' R(B & L 2+ @: "28 B+$:" "+ %&' )7<#4 =>P s$2: LD '2C 4 X *L ) L2 "* .AB WD %BM*# . $ C=:$ R4 O/ 62+ CU ' * O/ w MZ L2 2C ' - 7D N`# @>g( -& Y&C] %X " _ $( ( R> 1320 $; B() .P& U †#; D K(&C* )B* " B _*] 2 : $ 62+ >X ( .c: `g Y&C] a+ " $ )J& 62+ 4 &M:" ."Y$L # '2C &*C B+$:( a;>* $ V:&] ' :R 50( !%R 27( V:&] !%R 29 T "+ {B ./ B ;$ e%T 234 L ` : ( 1951 @+ 3J( BD E&8C* & 3( ' :B & 3 $` :( J( D D 2+ 62+ D R(B; & 1 Y&T -X .L*L# Y( L: – a;>* 52 6 R(B2 L* & # (B ` L B D )4& &' # J$ 7UD o %4 " < L \ X L4 ( L $*C L X%R 5 -X Y$( . B! 0` O/L# 8$MT &U O1 # s&3 p$' B -0UD a;>" " [ '* :>C ( w 2 * #( -7 :J( BD "-#R&X 50( !%R 27 J$ ^T " D V &' C:$ ' * p$' B "c$ ` " A&1* J$c 62+ J*U 6 -(B * ( )s&C &D " !%R 29 J$ ^T( ' :R 5".(& D @ :% OB#(% O&X( ` =& =* &'( @+ & B' Y + J( -X "V &'" *2 J( @BZ ;$ )( -8 @'• q . 5 7U - "* ):B -$Q "* `D 7:4 62+ )B X0 D .' *2 + R(BD ' 2 € ; s&C &D " & $2 X 50 $; *] B * .R$*+ ^T 2+ -( )*] ,=:R 10( !%R 10 ^T 6 V*] ' :R 40( !%R 9 $; B+ 7 .R(B & 2C C8 O/ c`D 7D .p$'2 7TBD C:$ ' * w MZ• ./ J( %] B:( L 6 _ "( )J*U 6 >C# p$' B * ) b -9 - 6 (*a U ! 2 : N $ 62+) &' J$ ‚$ T -0D F%' &‡X &D ># 6.OB#(%( "s&C & 6 $ .%1* J$c 62+" - ' 10 s&: - . # R$!$ 6 $ .%1* # OB#(% BC :& ( s&C :& ‚$ T ( s&C &D ‚$ T )5 62+ E(>+( .*] ,=:R 10( !%R D&Q J*U O1 # & ` :* ' ` c$ T 7U - "+ 5 ) <&+ ( '# 9 $; 6 -#R& :&U R(B 62+ *] -$b 5( ' :R 20( !%R 9 ^T " (& D @ :% ' 2( .%$#%R( -#R&X " D R(B 62+ V*] -$b 5( ' :R 50( !%R -$b 3( ' :R 30( !%R 9 ^T B+ V &' )" $] ' # ˆ2 *( s&C &D L " 2C B; -X -() %$#%R R(B; 7: V*] !%R 10 ^T P(1 ( •V*] $; -#R&X 7TB # )J*U 6 :& BCD ( )Y:%? :& .( 2C L %1 3 )P.P. Howell, “Notes on the Ngok Dinka of Western Kordofan”, (1951) 32 Sudan Notes and Records 239, p. 242 .BCD ( 701 E&' # %&' # &X .201 M # )13-5 7 / ) D R(B; & 1 Y&T & &' )JW* 7 62+ &a 4 .KS B X0 )O>+ 3 ] )P.P. Howell 5 )O>+ 3 ] )P.P. Howell 6 “The Ngork Dinka . occupy an area along the middle reaches of the Bahr el Arab.”; ABC Experts’ Report, Appendix 5.13, p. 201, citing P.P. Howell, 1948, in P.P. Howell Papers, Sudan Archive, University of Durham (“SAD”) 768/2/15 “The Ngork Dinka of Western Kordofan live along the middle reaches of the Bahr el Arab and its tributaries. During the dry season the Homr Messiria mingle freely with them in pastures and they have a long history of contact with the Arab world – probably for at least a century.” Emphasis added. # s`( )D&Q J*U O1 # BCM( )*] -$b 5( ' :R 40( !%R 9 ^T 28 $; R$CM # B b *] ' :R 50( !%R 9 ^T $; B; 6 ' ` ^T B; 2C S () :$# ( *] !%R 10 ^T B+ - 6 V:&] ' :R 30( !%R ' * -ƒ# /( .(OP(1 ( *] ,=:R 10( !%R 10 ^T 7M X ^T s&: D B!$ )p$' J( <( € ; )"6 $ .%1* J$c 62+ "C:$ ./ z % 1951 @+ # )E%(&SD )5 " L• ( .V*] ,=:R 10( !%R 10 )7 R . B!$ )V*] LC$ # )J$'/Y:%? :& 6 # $28( p$' -$ B: " :&U J*U( J*U 6 C:$ C$ ' * - 62+ ):$ 5 # 6 ; )p$' B2 +*! R$!( . L # -X )p$' 6 Y&Z + )Y:%? :& p$' B 6 %&' L L ;` ST ' * 62+ J$' , ( Y:%? :& J*] C:$ ' * .
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