Therefore, the first respondent requests the Court to confirm the contested
judgment and cancel the objection.
Reasons:
The Court of First Instance has issued its judgment to reject the case raised by
plaintiff/appellant for revoking her marriage with the first defendant as she did
not consent and was not consulted.
The Trial Court has fully verifies the matter and reached upon its decision which
was confirmed by the Court of Second Instance for the same reasons and
conclusions, but the appellant continued to raise the same facts and to plead
absence of consent and consultancy requesting revocation of her marriage,
moreover, she pleads that the testimony of the other party’s witnesses is tainted
with loyalty and bias, a matter that was not pleaded before the lower Court,
which has the full power to decide and issue its conclusion in this regard.
Hence, the sufficient evidence has been assessed by the lower courts, such as the
testimony given by the first witness/ Ismail Ahmed Adam, in page 11 and the
following pages of the minutes, that appellant came from Bram in Darfur to
Khartoum after seven months of her legal marriage ceremony (contract)
accompanied by her mother and sister, when her husband has received her in the
airport , she was hosted by one of her relatives and thereafter she went to Al
Salha to join her husband in their matrimonial home. However there was
misunderstanding between them and there were attempts to fix the problems
between them and when she was asked about the reasons behind the problems
she answered he is, i.e., respondent is a little bit ill-tempered. The witness went
on saying that, within a period of two months, the first defendant (respondent),
has called him two times and told him he set divorce on her, which is one
revocable time and re-married her). The second witness / Ismail Abdelmanan
Ahmed Sadiq, has also testified (page 43 of the minutes and the following pages),
that he had received appellant in the airport and the party was celebrated in his
house at Abu Sieid area, added that he attended the party and extended his
congratulation to appellant who accepted and the appellant and her husband had
stayed together for three months following that party.