KCC 907/2003

Copyright © 2024 LexisNexis. All rights reserved.
This case involved a request for a birth certificate to be issued for a child after this had been refused. The key issue was the Ministry's decision not to issue the certificate was an administrative decision and could be appealed

Background

A claimant filed a case against the Ministry of Health and requested the court to order the Ministry to issue a birth certificate for his son.

The court ruled the Ministry should issue a birth certificate for the claimant's son.

The Ministry appealed the ruling before the court of appeal. The court abandoned the appealed ruling and stated that the civil department had no mandate to consider the case and referred the case to administrative department. The administrative department ruled the ministry should issue a birth certificate.

The Ministry appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The ministry appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had erred in the application of law and that the administrative department had no mandate to consider the case.