In the name of God, the most gracious the most merciful KHARTOUM APPEAL COURT - PERSONAL STATUS CIRCUIT 328/2014 Al Rasheeda Mustafa Al Senari Khalafallah Hussain Khalifa Sameer Mohamed Al Sayed Ahmed Parties: Hamed Mohamed Ahmed Hajar Versus Fayezah Hamza Ali Mohamed Presiding Judge Member Member Appellant Respondent The appealed judgment issued by Al Shagara Sharia Court in respect of the judgment No. 1176/2014 JUDGMENT On 02/04/2014 a judgment was delivered by the Judge of Al Shagara Personal Status Court of First Degree in relation to the Case No. 1176/2013. The judgment was pronounced in presence of the parties Plaintiff Fayza Hamza Ali Mohamed against defendant Hamid Mohamed Ahmed Hagar divorcing her from him on the ground of incompatibility with effect from 02/04/2014, the date of judgment, and ordering her to count her lawful waiting period. On 17/04/2014 Advocate Nafisa Hagar submitted this appeal against the judgment of the trial court on behalf of the losing party (appellant). The appeal was formally accepted within the required legal time frame contained in Article (192) read with Article (177/2) of Civil Procedures Act for 1983. Ms. Nafisa said that the judgment of the trial court was incorrect as it divorced the respondent (plaintiff) without ordering compensation in his favor; nevertheless both arbitrators sent by the trial court decided a compensation. Ms. Nafisa said that the trial court based its judgment on the respondent`s statements and ignored the arbitrators` decision on compensation. Ms. Nafisa claimed for cancellation of the judgment of the trial court on divorce without compensation. The respondent was notified to provide a reply. Her reply narrated all that took place since the fault-based divorce case was filed, which was dismissed on the ground of incompatibility. She said that both arbitrators asked her about every nook and cranny and about the reason for their differences. She said that the trial judge has not ordered recovery of dowry in favor of the appellant for which he claimed because dowry cannot be recovered from Sharia point of view. She said that the trial court has not grounded its judgment on her statements (respondent`s statements) but examined the arbitrators` decision properly. She claimed for upholding the judgment of the trial court and delivery of the marriage contract. The summary of the facts as established in the minutes states that the respondent (plaintiff) filed her case against the appellant (defendant) saying that she is his lawful wife under his protection matrimonial authority, and previously has filed fault-based divorce case vide No. 538/2013, but was dismissed where incompatibility still persists and claimed for divorce on the ground of incompatibility.