Appeal and Reconsideration of Indigency Status in Civil Proceedings After Appellate Determination
Mr. Lek, as plaintiff, filed a civil action against Mr. Mai and submitted a petition to proceed in forma pauperis. The Court of First Instance conducted an inquiry and ruled that the plaintiff was not indigent and that the claim lacked prima facie merit. The petition was therefore dismissed, and the plaintiff was ordered to pay court fees within 15 days.
On appeal, the Court of Appeal held that the claim had sufficient merit to proceed; however, it affirmed that the plaintiff was not a poor person within the meaning of the law.
Subsequently, the plaintiff filed a further motion requesting the Court of First Instance to reconsider his petition to proceed in forma pauperis and to allow him to adduce additional evidence establishing his indigency.
If sitting as the judge, the proper order would be to dismiss the motion. Once the Court of Appeal has ruled that the plaintiff is not indigent, and such ruling stands, the plaintiff has no right to seek reconsideration of the same issue before the Court of First Instance.