Appellate Court Decision on Destitute Person Status Determination
Article 5. Mr. Lek, the plaintiff, filed a civil lawsuit against Mr. Mai, the defendant. The initial court conducted an inquiry into the petition to file a lawsuit as a destitute person. The court ruled that Mr. Lek was not a poor person and the case lacked sufficient grounds to pursue a lawsuit requesting the annulment of the petition to file a lawsuit. The court ordered Mr. Lek to pay the legal fees within fifteen days. Mr. Lek appealed the court’s decision. The appellate court ruled that the case had sufficient grounds for filing, but that Mr. Lek was not a poor person. The appellate court ordered the initial court to consider the petition as a destitute person, allowing Mr. Mai to present additional evidence that he was a poor person. If you were a judge, what order would you issue?
When Mr. Lek appealed and the appellate court ruled that Mr. Lek’s case had sufficient grounds, and that Mr. Lek was not a poor person, then Mr. Lek has no right to request a new consideration under hardship. The court would dismiss the petition regarding trespassing on his land. The court would order him to be evicted.