A property claim lawsuit in Dak Lak: The High People’s Procuracy protests the decision to suspend the appeal trial

In her application, Ms. H’Nin said that she and her children are the people with related rights and obligations in the “property claim” case between the plaintiff, Ms. Nay H’Lut, and the defendant, Ms. H’Na. Ly Nie. Ms. H’Nin said that Judgment 34/DS-ST dated May 27, 2019 of the Buon Ma Thuot People’s Court shows signs of lacking objectivity and does not comply with the law. Ms. H’Nin requests to cancel the above judgment and the Decision to suspend the appeal trial of civil case 43/2019/QD-PT dated October 14, 2019 of the People’s Court of Dak Lak province.

The official dispatch signed by the Chief of Office of the People’s Court in Da Nang said: On April 17, 2024, the People’s Court in Da Nang received Decision on cassation appeal 35/QD-VKS-DS dated April 10, 2024 of the Institute. Head of the People’s Procuracy, decision to appeal the Decision to suspend the appeal trial 43/2019/QD-PT dated October 14, 2019 of the Dak Lak People’s Court.

Based on Points a and b, Clause 1, Article 326 of the Civil Procedure Code, the Procuracy proposed that the Judges’ Committee of the People’s Court in Da Nang conduct a cassation trial in the direction of: Cancellation of decision 43/2019/QD-PT and judgment 34/DS-ST; hand over the case file to the Buon Ma Thuot People’s Court to resolve it in accordance with the law. Temporarily suspend the implementation of Decision 43/2019/QD-PT and First Instance Judgment 34/DS-ST until there is a cassation decision.

Currently, the People’s Court in Da Nang is handling the case according to cassation procedures; At the same time, the application of Ms. H’Nin Nie and her children will be considered and resolved by the People’s Court along with the appeal decision of the People’s Procuracy.