plaintiff was assigned to prove her eligibility. She brought five witnesses, none of whom testified for her
except the first, Mohammed Yaqub Ishaq.
It is legally known that there is a significant difference between affinity and validity.
Affinity means one of the following:
1- One of the parents has qualities, which are in the interest of the child, and which are not available in
the other person.
2- Parental involvement in these qualities, but they increase in one without the other.
3- In order to prove the validity of this concept, the witnesses must know the two dissenting parties and
then compare them.
What is consistent with the testimony of the four witnesses is the validity of the appellant's custody. This
court has often alerted lower courts about the meaning of validity and has overturned many provisions.
The judgments of the Court of Appeal and the Court of First Instance must be annulled and the file referred
back to the Court of First Instance to act according to the memorandum, if my colleagues agree.
Ahmed Mohammad Abdul Majid
Supreme Court Judge
9/9/2015
Al-Bushra Othman Saleh
Supreme Court Judge
15/9/2015
Abdülhamid Mohammad Abdülhamid
Supreme Court Judge
17/9/2015
Final judgment:
Cancel the appeal and refer the case back to the Court of First Instance to act according to the memorandum
Al-Bushra Othman Saleh
Supreme Court Judge and Head of Section
21/9/2015
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