In the name of God the most gracious the most merciful
National Supreme Court
Personal status Circuit
Cassation Decision No. 445/2015
Issued by the First Personal Status Circuit of the Supreme Court on 30/07/2015 presided by
Salah Al Tigani Al Amin and membership of Abdul Rahim Abd Al Seed and Mohamed
Yaseen Shaikh Idris the judges of the Supreme Court.
The appeal papers No 232/2014 Khartoum Appeal Court and the case papers No. 36/2013
Khartoum Court were submitted and registered vide No. 117/Cassation/2015.
Amir Ibrahim Younis
Sarah Hashim Mohamed Saleh

Appellant
Respondent

Judgment
Amir Ibrahim Younis filed against Sarah Hashim Mohamed the case No. 36/2013 seeking a
judgment in his favor refuting the paternity of the 9 year old child Asir because the child is
not his son and no marriage between him and her has taken place.
The defendant denied the plaintiff’s claim alleging that she is his wife and the child is his
son and that the defendant is a relative of the plaintiff. Early in 2011 he offered her the
marriage. He brought a marriage contract and rented a house for her in Abu Adam. On
02/03/2012 she was blessed with the child Asir from him. The plaintiff admitted his
paternity of the child. She requested dismissal of the case. When the plaintiff adhered to his
claim, the defendant was ordered to provide an evidence. To this end, she brought:
1. Azam Adel Abdullah Abood her brother-in law who testified that the defendant was the
plaintiff`s cousin and they were living in the plaintiff`s house in Jabra. They then lived in
Ibrahim`s house and I did not go to them in their house. The defendant was the one who
told him the same. During the days of her pregnancy both couples came to me saying that
they wanted to conclude the marriage contract before the court. He was by accompanied
her. I did not know who rented the house in Jabra. I did not attend the naming ceremony of
the infant.
2. Abdul Kader Osman Abd Al Rahman Kambal testified that both parties were his relatives
who lived with Amir`s family in a single house in Jabra. Then the defendant travelled and
came back pregnant. I was with the plaintiff who was a very close friend. We went to
receive her at the airport. At night I left them. Some days later, he called me and I went to
him in Al Souk Al Arabi. We went together to a house in Abu Adam where I found the
defendant alone. I entered and sat with them. Whilst going there he was carrying food
supplies. She was pregnant and he told me nothing about his relationship with her. Amir
had never told me that he married her. She came from Dubai pregnant. I neither attended
the marriage nor the naming ceremony. She named the infant Asir Amir. I know that there
a relationship between them but no marriage.

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