After perusing the judgment issued by the Trial Court, the decision issued by the
Court of Appeal and the objection petition, we find that, plaintiff claims stay of
execution and annulment of the judgment, the Trial Court should not have
admitted the claim and it should have rejected the petition because the child is in
the hands of the applicant and the judgment has confirmed what is actually
confirmed, therefore, the judgment is not sound. With regard to the previous
judgment, it shall be executable if it becomes final, however, the Trial Court has
no right to annul it nor to interfere in the execution. As to the developments, they
are new reasons for a new case to receive the child if he is with her and are not
reasons to annul a previous judgment or to stay the execution.
The investigation to identify the best of the child is conducted in cases of
withdrawal of custody or delivering the child - subject of custody - from the hands
where he is, therefore, the judgment issued by the Court of Appeal is sound and
valid, and accordingly; the objection shall be cancelled on summary basis and the
appellant shall pay the fees, if my colleagues have no objection.
Al Bushra Osman Salih “signed”
judge of the Supreme Court
09/08/2015
Adul Hameed Mohammed Abdul Hameed “signed”
Judge of the Supreme Court
11/08/2015
Dr. Ahmed Abdul Mageed
Judge of the Supreme Court
10/08/2015