The appellant was not satisfied with the court’s decision and therefore forwarded this cassation.
the appellant was notified of the decision on 25/1/2015 and filled his complain on 27/1/2015 and
therefore the claim was presented within the legal window frame allowed by the law and
therefore it is accepted on form.
As to the subject matter, the appellant claims that the appeal court along with the court of the
first instance have erred and deviated from the common judiciary procedure and on what have
been the norm of similar older cases in the following points:
1. He claims that the delayed dowry was named as a show off and that his witnesses are
residing outside of Sudan and therefore difficult to be called upon to the proceeding and
that the concerned court refused to notify his witnesses through the normal diplomatic
channels nor hear their testimonials. Therefore, the decision of the court came in fault and
liable to be revoked.
2. The court’s decision to hear his witnesses deprived him of the chance to prove his claim
which effected the court’s decision that should be revoked, and he based his claim on
33/1473 from the Judiciary Magazine for the year 1973 page 32-45.
3. Many similar cases permitted the witnesses on even smaller sums of money or contrary to
the one stated on the marriage certificate – cassation number 208/1980 of the Judiciary
Magazine for 1980 from page 48-51 read along with the discrimination decision number
152/1975 pages 5-6 and the cassation decision number 16/1979 from the Judiciary
magazine 1979 pages 24-25 and by the denial of the court to his decision , it therefore
deprived him of presenting his alibi to refute the respondent’s claim.
4. The respondent was the one who called for the divorce and therefore her right to claim
the remaining sum of the dowry is nulled which was a term stated on the marriage
contract and that she did not remain in the household after the divorce which labels her as
a rebellious wife and therefore, does not deserve to be paid the rest of the dowry amount.
5. The court’s decision on the lawyer’s expenses and fees was not justified, and the
unlawful decision is faulty because it reflects the point of view of the court and that the
decision issued on 145/1981 of the Judiciary Magazine for the year 1981 on page 20
bearing in mind that the lawyer’s fee was not paid and it stands to reason that the
lawyer’s fee should be borne by the respondent who is the owner of the claim and the
decision. Therefore, the decision became faulty. And he requested to issue an order to
revoke the decision of the court of the first instance and the appeal court. This is what had
been stated on the reasons for the cassation.
The causes:
By reviewing the precedents cited by the appellant we did not find a precedent in his favor and
what has been stated in the 15/1986 magazine 1975 to prove the increase or decrease of the
dowry came as a request from the wife’s father on the pretext that others would not claim that he
(the father) wedded his daughter without a dowry and the sum agreed upon was 1 pound but to
say in public that the sum agreed upon was 60 pound, of which 30 pounds is given to the bride
and the thus remains another 30 pounds, and this agreement was not written down on the original
marriage contract, nor the increase was mentioned and therefore, this claim should be settled by
proof (Witnesses) as to the subject of this claim, there is a justifiable proof taken from the