3. Mohamed Osman Abd Al Rahman Kambal testified that the child was their child and
heard that there was a romantic relationship between them. I had never attended any
marriage between them. Nobody said that they were married to each other. The plaintiff
had never said that she was his wife.
4. Adel Ibrahim Al Sayed testified that he received the defendant at the airport with the
plaintiff and made a booking for her in the hotel. They rented a house in Jabra after the
plaintiff took room her 600 pounds. When the house owner asked him, he said that she was
his wife. I did not ask him whether or not she was his wife because I did not attend the
marriage between the plaintiff and defendant.
5. Izz Edin Ahmed Mohamed Al Hassan testified that he rented for them a house. They
both came and said that they were married to each other. They lived in the house. I visited
them and found them living together in the house. They had stayed in the house for a period
of one month. She was pregnant and he used to sleep with her. The broker said that a
groom and bridegroom were coming. Then the trial court delivered a judgment refuting the
paternity of the child.
Since the defendant was dissatisfied with such judgment, she appealed it through her
attorney in respect of the case No. 232/2014 before the Personal Status Court of Khartoum
Appeal Court. On 11/09/2014, the Appeal Court delivered a judgment cancelling the
judgment of the trial court and returning the papers to the competent court for acting in
accordance with the directives on the opinion of the majority.
As the plaintiff was dissatisfied with such judgment, he filed the present appeal in cassation.
The petition of appeal in cassation was void from any indication to any violation by the
Appeal Court of a legal text or Sharia provision.
For the purpose of the adjudication on this appeal in cassation, I am of the opinion of the
following:
Firstly: The appeal in cassation was submitted within the legal time frame and was therefore
formally acceptable.
Secondly: in the subject matter, this court is a court of law and the petition of the appeal in
cassation did not contain any indication to a violation by the Appeal Court of a specific
legal text or a sharia provision.
As such, I am of the opinion that if my colleagues agree with me, the final decision should
be a cancellation of the appeal in cassation as it is hopeless.
Mohamed Yaseen Shaikh Idris
Supreme Court Judge
12/07/2015