evidence, the court issued its judgment deciding that the appellant shall pay the
respondent an amount of SP 350 monthly, as house rent alimony to his daughter
and that her medical treatment expenses to be paid as per the respective invoices
and rejected the other claims.
The appellant did not accept this judgment and raised an appeal before the Public
Court – Umbbada, where a decision was issued in appeal No.: ##/373/2014
reducing the daughter’s alimony to become SP 250 monthly for food and reduced
the clothing amount to one hundred to be paid each four months and reduced
the house rent alimony to one hundred.
The respondent did not accept this judgment and raised an appeal before
Omdurman Personal Status Court of Appeal, which has issued its judgment No.:
ASCH /103/2015 and had cancelled the judgment issued by the Public Court and
restored the judgment issued by the Court of First Instance.
The appellant has personally raised objection by way of cassation against the
decision issued by the Court of Appeal based on the following:
1- The Court of Appeal had confirmed the judgment issued by the Court of
First Instance and did not consider the limited income of the appellant and
that he pays for the sustenance of his mother, his blind grandmother and
his brothers.
2- The appellant cannot afford the rent of the house as his income is low.
3- He requests an injunction of the Court to reduce the cost to be paid as per
the judgment.
The contested judgment was issued on 06/10/2015 and appellant took
cognizance of it on 03/12/2015 and submitted the application for this objection
on 06/12/2015, therefore, it is admitted in form.
In subject, I believe that, there is no hope for this appeal to be successful and shall
definitely be cancelled, because it is legally decided that, the objection by
cassation will not be admitted unless it revealed that it is contrary to the law,
misinterpreted the law or misapplication of law, or if it is void or the procedures
adopted were invalid and had affected the judgment. However the appellant did
not show any of the above, therefore, it shall be cancelled. Based on the above, I
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