How can i not be directly affected by my son's case?

Dear Advocate Gee Please keep my identity anonymous. I am a retired woman nearing her sixties. Sometime back I gave my beloved 29-year-old son M the last of my pennies worth P10,000 to commence a business project with his then friend P. Part of the contract between them was for the said friend to buy catering materials to the tune of P15,000. 00 (including the P10,000. 00 my son contributed.) To my utter dismay, my son’s friend squandered the money and the intended business never saw the light of the day. I reported the matter to the customary court in our village with M’s consent and P was ordered to pay back the P10,000. Now P has appealed the decision to a higher court. The basis of his appeal is that the customary court decision misdirected itself, as I do not have direct interest in the matter. Moreover, that the party who ought to have instituted the court proceedings was my son and not me. Sadly, the appeal has been upheld and the merits of the case were not even heard. How can I not have direct interest in my own flesh and blood’s cause? How can a mother just watch when the money she gifted her son has been flushed down the drain and the son is not willing to directly sue his friend/business partner? Kindly advice.

Dear Anonymous

I will advise from the legal standpoint generally. For specific legal advice, consult an attorney please. According to the common law, a party initiating court proceedings must have direct, personal and substantial interest in the matter.

Editor's Comment
A step in the right direction

That is indeed a welcome development, especially looking at the fact that the manual way of doing things is slowly disappearing and competency in the use of computers and other digital gadgets has become a must.The simple way of looking at it is just an example that almost all companies have gone completely digital and school leavers will be better placed after leaving school, because they will already be familiar with the use of computers.The...

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