On 14/07/2014 the Appeal Court delivered its decision No. 400/2014 upholding the
appealed decision and cancelling the appeal.
The creditor (respondent) was dissatisfied with such adjudication and challenged it under an
appeal in cassation No. 560/Cassation/2014 before the Supreme Court.
On 05/01/2015 the Supreme Court delivered by majority a cassation decision no.
780/2014 cancelling the contested judgment and ordering respondent to file a claim for
forfeiture of alimony if he so wishes by reasons thereof ((the executing court is an automatic
court which should execute the judgment automatically and may not intervene in respect of
amendment, cancellation, reconsideration, review or correction and therefore respondent’s
request (debtor) for forfeiture of fostered children`s alimony does not fall within the
competence of the executing court and is not deemed an executing dispute as it touches the
basis of judgment under Article (217) of Civil Procedures Act for 1983, so forfeiture of
alimony must be under a separate claim in which the respondent shall prove that both
fostered children have reached a level at which their counterparts may make earnings etc.))
A review request No. 67/Review/2015 has been brought forward before us by Advocate
Nader Haj Adam on behalf of debtor Bashir Mohamed Adam on 18/03/2015 seeking a
review of the Supreme Court Judgment the object of the request to cancel it and to uphold
the decisions of the executing court and then the appeal court which forfeits the alimony of
fostered children Amir and Hatim for reasons provided along with the evidence as of the
date the request for forfeiture of alimony on 07/04/2013.
Since the papers contain a document evidencing that the claimant has received a copy of the
cassation decision (the subject matter of the request) through his attorney on 04/03/2015,
the request is deemed to be submitted within the appointed time satisfying legal status
thereof and justifying its acceptance formally and therefore it is formally acceptable.
With regard to the subject matter, the claimant denounced the Supreme Court adjudication
as being in contravention of law, and its application and interpretation and omitting judicial
precedents saying that in this respect:
1. The executing court is not an automatic court for executing the judgment automatically
but should hear disputes arising out by reason of executing the judgment and must
adjudicate thereon as provided for in Article (235) of Civil Procedures Act which gives the
executing court the power of adjudicating on all substantive and temporary execution
disputes as well as the judicial precedent of the judgments magazine 2005 - Cassation
Decision No. 1/2005, containeda rule for forfeiture of alimony once death, earnings or
divorce is proved with no need for a new judgment.
2. The claimant (debtor has previously in respect of the same execution submitted a request
for forfeiting alimony of the fostered child Yasmin because she has been graduated from the
Faculty of Pharmacy working in the morning business hours and earning a salary sufficient
to maintain her. The executing court heard the evidence for the same and the decision
forfeiting the alimony was upheld at the appeal court and the Supreme Court levels where