entrusted with to her care, without permission from their father. It is
however allowed for her to travel accompanied by the children to the
home where she was officially bonded to him in marriage. However, that
exception is governed by various conditions that the parties could not
discuss in detail and thus to present evidence of what is best for the
children, with consideration to the rights of the father. So, dismissing the
case, without due considerations to these reasons deprives the parties
from presenting their pleas.
Hence, I conclude, after the agreement of my colleagues in the
circuit, that we cancel the challenged decision of dismissal of the plaint,
and return the documents to the Court of First Instance to act in
accordance to this memo.
Hamid Alamin Abdullah
Court of Appeal Judge
19/9/2015
Salahudin Mahjoub Sidahmed
Court of Appeal Judge
30/9/2015
Ibrahim Mohammed Ali Altobji
Court of Appeal Judge
29/9/2015
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