KCC 199/2001

This case involved whether a lineage case should be dismissed if the person was already dead.

Background

A claimant filed a case against defendants before the court. He requested the court to change his surname.

The court dismissed the case.

The claimant appealed the ruling before the court of appeal. The court dismissed the appealed ruling and ruled that the surname of the claimant should be changed.

The defendants appealed the ruling before the court of cassation. The court of cassation repealed the ruling and referred the case to the court of appeal.

Decision

The court of appeal stated that the case for proving the lineage should be dismissed if the person to whom the lineage should be validated was dead. The court said that the documents of the case revealed that the person to whom the claimant wanted to prove lineage was already dead.

The court dismissed the case.