2- The two parties are collectively possessing same merits advantage, but one party exceed the other in the merit’s degree. According to these criteria, the party alleging suitability shall submit evidence to prove this allegation. Upon reviewing the witness's testimony this court noticed that the witness’s testimony is identical in the following: 1- 1-The opponent is devoting her full time for growing up her children, she is 2- not married and despite the fact that her family reside at Khartoum she never travels there for the only sake of her children. 3- The applicant works on private business used to leave the house in the morning and comes back only at night . 4- The opponent is a secondary school graduate and hence she can review with the children their schools’ lessons while the applicant is a graduate of preliminary school. 3-the mother of the applicant is over aged (more than seventy years old) and she is diabetic. While the opponent is youth and capable of carrying out all the duties relating to the children growing up, cleaning and lessons review 4-the applicant had prepared for the children custody a bad house and for that reason the opponent filed a suit against him for housing allowance, and the court ruled in her favor. In addition, the witness testimony to the fact that Shaker is successful in his lessons is not denied. More over the applicant did not claim any negligent on the part of the opponent in her duties towards the custody of the children. The existence of suitability and capability in the mother (opponent) necessitate the continuance of the children custody with mother in application of section 116/ of the Family Law Act. 1991 – In general, it’s enough to prove one merit in excess on the part of mother as against the claimant to justify the rule For the above I rule to confirm the decision objected against and to dismiss this application summarily with fees. Dr. Ahmed Mohammed Abdalmajeed Supreme Court Judge 24/8/2015 Alboshra Osman Salih Supreme Court Judge 1/9/2015 Abdalhameed Mohammed Abdalhameed Supreme Court Judge 2/9/2015 Final Order Dismissal of the application summarily with cost. Albishra Osman Salih Supreme Court Judge Circuit President 3/9/2015