The Court of First Instance (Trial Court) has issued its decision and rejected the
plaintiff’s case.
On 20/04/2015, the advocate/ Yousuf Al Shareef El Sheikh Al Zain has submitted
an objection by way of cassation against the judgment issued by the Court of
Appeal on behalf of the appellant / Asia Mohammed Ahmed Qouz. The Appellant
had received copy of the contested judgment on 09/04/2015, therefore, it is
admitted in form, as it has been submitted within the legal time. We have
previously admitted it in form under sections 159 -190 of the Civil Procedures Act
of the year 1983, as the reasons of objections indicate that the respondent did
not prove the consent he pleaded, yet, the appellant’s father had, through his
attorney, admitted the incident of consent, permission and consultancy and
agreed to revoke the marriage. The objection petition went on to state that, the
Trial Court, in its decision to reject the case and to prove consent and consultancy
and its reliance on the celebration spirit, as the appellant had come from Bram
city, southern Darfur to Khartoum State, her reception and entry of matrimonial
house is and evidence that can be rebutted. The matter requires a direct
evidence, which is the statement of the attorney of the appellant’s father. Also,
the Court has not discussed with the appellant the fact that she has attended the
dinner party, the celebration and people come to congratulate, whether she
consented or not.
The appellant requested revocation of the judgment issued by the Court of
Appeal, as confirming the decision issued by the Trial Court and requested that, a
judgment shall be issued to revoke her marriage.
Mr. Abdel Rahman Abdel Hai has replied on behalf of the first respondent, stating
that, the appellant had initially raised the case as she does not have capacity to
raise the case and the evidence submitted by the defence is sufficient to prove
consent and concludes the issue of having sex as husband and wife on which the
appellant had relied. The witnesses brought by the first defendant have shown
and confirmed the issue in details as eyewitnesses, a matter that can not be
rebutted by interpreting expressions or terms contrary to the spirit and
supremacy of law.