In the name of God the most gracious the most merciful NATIONAL SUPREME COURT 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 FACTS 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 judgment. 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