Upon reviewing the papers, I see that there is no hope in the success of the appeal, as the
decision issued by the Court of Appeal changed it into litigation and does not fall under any
of the prescribed appeals.
Under Article 176 of Civil Procedures Act, 1983, even if we overlooked that, this court is the
Court of Law, and the Advocate of the Appellant did not explain the aspects of contravening
the Law which was included in the judgment. It is known that the Court in the issues of child
custody is not a neutral party and it automatically seeks the interest of the child subject to
custody until it reaches a decision then issues its judgment. In the event of failure, the party
required to bring evidence must be informed about his / her evidence in denying this interest.
Therefore, and for all the above, I see that the judgment of the Court of Appeal came without
error in the enforcement or interpretation of law, and I see that, if the other colleagues agree,
to conclude to a summary judgment of the drop of the appeal and its fees.
Signed
Elobeid Ziainelabideen Babiker
Judge of the High Court
16/08/2015
I agree with my colleague Sheikh/ Elobeid that such appeal is destined to be dropped pursuant
to what is decided legally, and that the appeal is accepted only if the Appealed judgment was
based on contravening of law or error in its enforcement or interpretation.
As it was as such, and upon reviewing the appealed judgment (judgment of the Court of
Appeal) it was established that, nothing renders it legally invalid, the matter that necessitates
to be supported and to drop the appeal upon summary judgment because it is hopeless.
Signed
Eltayeb Abdulghafour Abdulwahab
Judge of the High Court
19/08/2015
I agree and add that the Appellee is more eligible than the Appellant and she has what he
lacks pursuant to the provision of Article 116 of the personal Law Act, 1991, in addition to
the matter of criticizing the judgment based on the fact that the Appellee goes to work, which
does not deprive her from a right that had been established for her. Going to earn a decent
living does not impede her from continuing to keep the children under her custody. The
appealed judgment was issued in a right way in accordance with law. Therefore, we support
that, and the appeal is to be dropped upon summary judgment.
Signed
Sittana Abdulgalil Mohamed
Judge of the High Court
24/08/2015
The Final Order:
1. Drop of the appeal by Summary judgment.
.
(Signed)
Elobeid Ziainelabideen Babiker
Judge of the High Court