Faustin Mushinja Rukundo v Republic of Rwanda

Faustin Mushinja Rukundo v Republic of Rwanda

Valid service was effected on 30 April 2024 when the FCDO courier delivered the documents to the Rwandan Ministry of Foreign Affairs, where they were taken, opened, and considered for over an hour before being returned. This amounted to 'receipt' under section 12(1) of the State Immunity Act 1978. Alternatively, if not, valid service occurred on 17 July 2024 by delivery to the Rwandan High Commission in London at the defendant's request, constituting agreement under section 12(6). The FCDO certificate is conclusive evidence of delivery but not of legal service. The defendant failed to file an acknowledgment of service in time and requires relief from sanctions to bring a jurisdiction...

Parties
Claimant: Faustin Mushinja Rukundo; Claimant: Violette Uwamahoro; Defendant: Republic of Rwanda
Jurisdiction
England and Wales
Judgment Date
09 April 2025
Procedural Posture
Civil Claim (high Court, King's Bench Division) / Application for Default Judgment, Service Dispute, and Relief From Sanctions
Outcome
Relief from sanctions granted; default judgment refused; defendant permitted to file acknowledgment of service and bring a limited jurisdiction challenge; costs orders imposed against defendant for service-related hearings and legalisation application.
Legal Topics
Service of Process on Foreign States, Default Judgment, Relief From Sanctions, Jurisdiction Challenge, Interpretation of Statutory Certificates
Civil Procedure International Law State Immunity Service of Process on Foreign States Default Judgment Relief From Sanctions Jurisdiction Challenge Interpretation of Statutory Certificates

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Faustin Mushinja Rukundo

Claimant

Violette Uwamahoro

Claimant

Republic of Rwanda

Defendant

Procedural Posture

Civil Claim (high Court, King's Bench Division) / Application for Default Judgment, Service Dispute, and Relief From Sanctions

Legal Issues

  1. 1 Whether valid service was effected on the Republic of Rwanda under section 12(1) of the State Immunity Act 1978
  2. 2 Whether the Foreign, Commonwealth and Development Office (FCDO) certificate is conclusive evidence of service
  3. 3 Whether subsequent delivery to the Rwandan High Commission in London constituted valid service under section 12(6) of the 1978 Act

Ratio Decidendi

Valid service was effected on 30 April 2024 when the FCDO courier delivered the documents to the Rwandan Ministry of Foreign Affairs, where they were taken, opened, and considered for over an hour before being returned. This amounted to 'receipt' under section 12(1) of the State Immunity Act 1978. Alternatively, if not, valid service occurred on 17 July 2024 by delivery to the Rwandan High Commission in London at the defendant's request, constituting agreement under section 12(6). The FCDO certificate is conclusive evidence of delivery but not of legal service. The defendant failed to file an acknowledgment of service in time and requires relief from sanctions to bring a jurisdiction...

Court Disposition

Relief from sanctions granted; default judgment refused; defendant permitted to file acknowledgment of service and bring a limited jurisdiction challenge; costs orders imposed against defendant for service-related hearings and legalisation application.

Orders

  • Declaration that valid service occurred on 30 April 2024 (or alternatively 17 July 2024)
  • Relief from sanctions granted to defendant to file acknowledgment of service and make a Part 11 jurisdiction challenge limited to substantive State Immunity Act grounds