In the name of Allah, The Beneficent, The Merciful
The National Supreme Court
Department of Personal Status law
Cassation Decision/55/2015
Issued by the Bench of the Personal Status Department of the Supreme Court, the first circle on
8/4/2015 under the chairmanship of Mr. Salah Al-Tijani Al-Amin and the membership of the
Honorable Judges of the Supreme Court Mr. Mohammed Yassin Al Shaikh and Mr. Yaqoub
Mohammed Abdul Rahman.
The appeal documents number 572/S/2014 were submitted by the Appeal Court of Khartoum,
claim number 281/Ghaf/2013 Khartoum Court and registered under number 55/Cassation/2015.
Appellant: Mirgani Mohammed Lutfi
Respondent: Amel Ismail Mohammed
The Decision
In the two cases number 281/Ghaf/2013, the respondent claimed that the appellant was her
husband and later they divorced and that she is entitled to receive an alimony of the amount of
One Thousand Emirati Dirhams which is equal to the amount of 119.760 Sudanese Pounds (One
hundred and nineteen thousand, nine hundred and ninety pence) and that he failed to pay the
amount, she requested that the court should decide in her favor on the currency agreed upon or
its equivalent Sudanese currency, the respondent presented her marriage contract number 5429
of the Legal register number 13 on which the Honorable Head of the Judiciary system, the
Minister authorized the Counselor of the same under whose authority the marriage contract was
consummated on 20/07/2010, and where he stated on the same contract that the received dowry
is one hundred thousand dirhams, and the balance is one hundred thousand dirhams, the
respondent also requested that the appellant should bear the legal costs.
The plaintiff has ratified all parts of the Claim and refused to pay the remaining sum of the
agreed upon dowry and stated that the dowry was named as show off and not to be paid and
requested that the claim be rejected after requesting to call upon his witnesses at the Sudanese
embassy at Abu Dhabi which proved to be difficult. The court rejected to hear the witnesses
since they are outside the country and decided to grant the respondent her right to claim the
remaining sum of the dowry.
The plaintiff was not satisfied with the court’s decision and therefore appalled before the
Khartoum’s Appeal Court which decided to reject the appeal in summary on the ground that the
document presented in support of the respondent’s claim is indeed an official document, on the
face of which the plaintiff did not forward a motion of tempering with the document and for that,
the respondent has proved her claim. And that is based on article 28 of the civil procedure code
all terms have been met which calls for the remaining sum of the dowry to be paid on the
decision number 1 S. Sh/572/2014.

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