Abdel Bari, 8 years old, who is now with him and there is a judgment in the favor
of the defendant deciding that, the child shall be placed in her custody, that till
now he did not deliver the child to her, where she has registered execution
against him to receive the child and due to some developments, which is that the
defendant got married to a foreigner, an Egyptian, and she resides with him in
Kassala, he requests a stay of execution and an amendment of the judgment.
The attorney of the defendant replied that, this case is premature, because the
child is with the plaintiff, therefore, there is no point in raising this case, that the
court has no jurisdiction to stay the execution and he requests that the case
should be cancelled. In subject, he admits the previous marriage, that the child
was not delivered to the defendant and execution is pending, that defendant got
married to an Egyptian, that she does not reside in Kassala, but she has just
travelled to visit her sister and she resides in Halfaya with her father and her
mother is ready to take care of the child- subject of the custody and she is more
better to that because plaintiff travels outside Sudan often.
On 26/03/2015, the Trial Court issued its judgment in the presence of the parties
that the child Abdel Bari, seven years and half remains with him.
The judgment was contested before the Court of Appeal, which has issued the
above-mentioned judgment. Appellant requests that the judgment issued by the
Court of Appeal shall be cancelled and replaced by a judgment that upholds the
decision issued by the Trial Court to let the child stay in his custody and under his
care. The reasons for the objection included that, the Court of Appeal when it
stated that, the case did not include any reason that justifies proceeding thereon,
what reason it can find better that that, the child has overgrown the age when he
can be under a female custodian, that his mother custodial has gotten married to
a foreigner and the Court has mentioned that, annulment of the judgment is
within the jurisdiction of the Courts of Appeal, while the cases related to custody
is marked with the idea that the judge can reconsider the case more than one
time, that the issued judgment does not lead to conflict of judgment, yet it is of
the heart of the law.