income and the nature of his work; and based on his income it can decide the
Alimony estimate. If my honorable colleagues agree, we dismiss the contested
judgement and return the case to the subject-matter court to implement the
decisions of this Memorandum.
Ibrahim Muhammad Ali Altabagy
Judge of the Appeal Court
28/12/2015
Agree
Hamid Alameen Abdallah
28/12/2015
I agree, and I add that what the Trial Court estimated is not the Subsistence
Alimony; to impose this type of Alimony, a knowledge of the Respondents
financial Situation is required, in addition to an investigation and verification of
his income and work. Also, it is not true that the Respondent did not obey the
Marriage Obedience term and thus to be deprived of an Alimony. as long as
there is no judgement committing the Respondent to this, and the Respondent
did not refrain to fulfil it.it is actually to the contrary, that the Court judgement
came to rejected the claim of obedience.
Salah Mahgub Sied Ahmed
Seal of:
Chief Judge of the Appeals’ Court
31/12/2015
Final Order
Revoke the contested Court Decision and return the case papers to the
Subject-matter Trial Court to implement according to this memorandum,
and to hear any necessary witnesses’ testimonies.
Salah Mahgub Sied Ahmed
Seal of:
Chief Judge of the Appeals’ Court
31/12/2015