In the name of God the most gracious the most merciful
Personal Status Circuit
Cassation Decision No. 482/2015
Issued by the Second Personal Status Circuit of the National Supreme Court on 19/08/2015
presided by Mr. Bushra Osman Saleh and membership of Mr. Abdul Hameed Mohamed Abdul
Hameed and Dr. Ahmed Mohamed Abdul Majeed, the judges of the Supreme Court.
Papers of both appeals No. 116/2015/Khartoum Appeal Court and No. 101/2013/Jebal Awlia
Court registered under No. 274/Cassation/2015.
Appellant: Khadija Hassan Abakar
Respondent: Al Daif Hussain Yaqoub
This appeal in cassation No. 116/2015 dated 14/04/2015 has been issued by Khartoum Appeal
Court for the cancellation of the appeal.
The appellant has been notified of the Appeal Court Decision on 04/06/2015. The appeal in
cassation which has been submitted on 17/06/2015, was formally acceptable.
With regard to the subject matter, the facts conclude that the Execution No. 101/2013 was filed
before Jebal Awlia Personal Status Court by Al Daif Hussain Yaqoub against Nora Mohamed
Ahmed for the enforcement of the judgment issued in his favor in respect of the Case No. 536/2013
for rejoining the fostered children Saba and Badr Edin to him.
On 25/03/2014 the attorney of Khadija Hassan Abakar applied to the Execution Court for
accepting the objection to the execution of judgment and for ordering the complainant from the
eligibility point of view to continue in fosterage.
The reasons for the same provided that the complainant is the grandmother of the fostered children.
The fostered children`s mother married to a man not related to them. The applicant is dedicated for
taking care of the fostered children. The respondent has a suitable woman for fosterage living in
unfenced property and leaves for work in the morning and comes back in the evening whereby
jeopardizing the fostered children.
The complainant who was instructed by the court to provide an evidence for eligibility has brought
forward two witnesses.
On 26/11/2014 the trial court issued a decision dismissing the objection to the execution of the
The decision was appealed before the Appeal Court which issued the aforementioned and contested
decision. The appellant`s attorney requests for cancellation of the appeal court decision which
upheld the decision of the trial court and for issuance of a new decision accepting the objection to
the execution of the judgment and orderingthe appellant to continue in fosterage.
The reasons for appeal in cassation provided that the trial court violated the provision of Article
(109) of personal Status Act. Both witnesses affirmed eligibility and dedication of the appellant. The

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