Session on Tuesday, 24 September 2024,
Headed by Judge Ahmed Abdullah Al-Mulla, ‘Head of the Department’, and with the membership of Judges Khalid Mustafa Hassan and Islam Abdul Hadi Al-Deeb
Appeal ‘Appeal against the judgments of the appellate court by the convicted party’ - Appealing a default judgement by the convicted person without opposing it. This means that the defendant waives his right to oppose the judgement and is satisfied with the appeal. The appeal against the appealed decision. The appeal is rejected for this reason. The Court of Appeal is not required to clarify the convicted person's agreement to waive his right to appeal.
It is clear from a review of the case files that the appealed judgement is a default judgement. It is well established that an appeal by the appellant - the defendant - against the primary judgement issued against him in absentia. Therefore, the appellate court did not have to pay attention to whether or not the judgement appealed against was an appealed decision or to seek his consent to...