In the name of Allah, the most Beneficent, the Most Merciful
The Federal Supreme Court
Family Affairs Circuit.
Supreme Court Decision No / 173/2016
Issued by the Supreme Court, Family Law Third Circuit headed by his Excellency Mr. Altyb
Abdalgafoor Abdalwahab, as president and each of her Excellency Fadiyah Ahmed Abd Agadir and
his Excellency Mustfa Hamd Abdalrahman, the Supreme Court Magistrates
(Presented: - Record of Appeal No 23 /c/ 2015 Omdurman Court of Appeal (Family affairs Circuit,)
The record of suit No / 1266 /g/ 2012 - Omdurman North Court)
Applicant: - Ali Ibrahim Ahmed and others
Opponent: - Abu Bakr Ali Abdallah
This is an objection submitted to the Supreme Court by Advocate Malik Fath Alrahman Ateeg on
behalf of the applicant, against Omdurman Court of Appeal decision No / 000/ 0000/
/ 23 which
ordered the cancellation of the first instance court decision, and instructed the court to follow
instructions stated in the appeal memo.
The decision – the subject matter of the application – is issued on 8/4/2015 and the applicants has
taken notice of the decision on 28/5/2015. The applicant filed this objection memo on the 14th
/6/2015. Never the less the last day of the time limit to submit the application which was on an official
holiday Sunday the 14th of June 2016 , was the last day for the objection application filling.
That means the application was filed within the time limit and hence it was formally be accepted.
The reasons for the objection of the application is because the evidence evaluation and weight is
exclusively within the power of the First Instance Court. The fact of approval has been firmly
confirmed by the third applicant’s brother, who is also the son of the opponent. The lawyers, based on
the reasons in the memo, asked for the cancellation of the Court of Appeal decision and to uphold the
Court of First Instance ruling.
The list of the case facts could be summarized to be: The opponent Abubaker Abdallah has filled the suit No /2166/G / 2012 before the court of Omdurman
North, by his lawyer Amr Ahmed Haj Ali to terminate the marriage of the Third applicant Mayda
Abubaker, who is his legal daughter. He further alleged that the marriage was concluded by the brides
uncle, who is the first applicant Ali Ibrahim Ahmed to Ameen Hassan Albadeen the second applicant.
The marriage was concluded by the said uncle without authorization by the father, who would have
given him power to conclude the marriage. The parties have also hidden the place and date of the
marriage from the father because the marriage took place without his consent.
The first applicant in his defense to the suit, admitted all the allegations of the plaintiff in the suit and
added that the father (opponent) had prohibited the daughter’s marriage. He rejected the second
applicant and expelled his relatives. He further added that the son of the opponent was present at the
execution of the marriage contract and has told his own father about the same marriage contract.
Advocate Malik replied to the suit on behalf of the second and third applicants by admitting the whole
statement of claim. He only denied the absence of the fathers knowledge (the opponent), relaying on
the fact that the opponents son was present at the execution of the marriage contract. The son has
informed his father, more over the advocate said; the opponent has verbally authorized the first
applicant to execute the marriage. He also stated that the marriage was consummated and that the
father’s authority over the daughter should be waived, since the father intentionally stops sustaining
and incurring the Daughter living expenses.
The Plaintiff advocate asked the court to recognize the fact that the applicants had admitted clearly
that the marriage was concluded without the plaintiff authorization to the first applicant to conclude
the marriage. The lawyer finally insisted on the fact that the opponent had no knowledge of the