decision that the daughter (Reem) is the appellant’s daughter and thus issued her
decision which ruled in the presence of all in favor of the respondent Tamadhor A
Duma against the appellant Abdul Majeed Abdul Rahman Jalal Al Dean by
establishing the parenthood of the daughter (Reem) who is a minor of 4 years old and
ruled to the sum of 200 Pound per month as aliment and to the sum of 1000 Pounds
each for months towards clothing and to be treated according to medical bills and
schooling fees as declared by government schools and that this decision should come
into effect from 14/6/2015 and ordered the appellant to comply with the law with a
permission to lend her extra money.
The appellant was not satisfied with the decision and subsequently appealed against it
with the Appeal Court of the state of Northern Darfur – Al Fashir and after
consideration of the claim by the Court, the court ruled in favor of the issued sentence
and to reject the appeal summerly. The Appellant was not satisfied with the Court’s
decision and filed the present claim and stated the reasons that we have accepted in
form. The justifications brought forward on the claim stated that the decision issued
by the Court of the First Instance in favor of the appealed decision were contrary to
the laws or its error of its application and interpretation and contradicted the evidence
stated on the Claim’s Report where the respondent’s claimed that the marriage took
place on 24/6/2010 and the subsequent divorce was on 25/12/2010 and gave birth to
the daughter on 5/6/2011. And stated further that the birth happened in the least
amount of time possible for births to take place and that the date of birth of the
daughter was only mentioned on the testimony of the first witness and that the
appellant claimed that the child was born one year after the divorce, but the truth is
that the respondent’s claim was true and right and where at the Court of the First
Instance the appellant did not deny explicitly nor implicitly his fatherhood of the child
in question which is all true, and at the end of which he requested to reject all
decisions of the Courts of the First Instances and to issue a new sentence to the
rejection of the claim. After reviewing the case’s file, I do not see any hope of it being
successful on the face of the evidence brought forward on the documents presented by
(respondent) that the marriage took place on 24/6/2010 and that the divorce happened
on 25/10/201 and it has been established by the witnesses that the daughter was born
on 5/6/2001. What the Court of the First Instance has reached and was supported by
the Appeal Court is true and did not contradict the laws nor erred on its application or
its interpretation or construction in a way that justifies our intervention. For all that, I
decide if the Honorable judges agreed with me to reject the claim summerly.
And God is the all-knowing.
(Signature)
Dr. Abdul Hameed Mohammed Abdul Hameed
Judge of the National Supreme Court
5/8/2015
(Signature)
Al-Bishry Othman Salih
Judge of the National Supreme
Court
10/8/2015
(Signature)
Ahmed Mohammed Abdul Hameed
Judge of the National Supreme
Court
11/8/2015
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