BRD LTD v. MBUTO N’UNDI
Appeal grounds submitted after the statutory period are inadmissible unless they supplement or explain those submitted within time; only the ground submitted on 08/12/2017 is admissible for consideration.
- Citation
- RCOMAA 00071/2017/SC
- Parties
- Applicant: BRD LTD; Respondent: Mbuto Aimable; Respondent: Mukangabire Pacifique
- Court
- Supreme Court
- Jurisdiction
- Rwanda
- Judgment Date
- 26 October 2018
- Case Number
- RCOMAA 00071/2017/SC
- Procedural Posture
- Commercial Appeal / Interlocutory Ruling on Admissibility of Appeal Grounds
- Outcome
- preliminary objection upheld
- Legal Topics
- Appeal Grounds, Loan Agreements, Procedural Time Limits
- Source Language
- rw
Case Brief
Summary, issues, holding and outcome
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Parties
BRD LTD
Applicant
Mbuto Aimable
Respondent
Mukangabire Pacifique
Respondent
Procedural Posture
Commercial Appeal / Interlocutory Ruling on Admissibility of Appeal Grounds
Legal Issues
- 1 Whether appeal grounds submitted after the statutory period are admissible
- 2 Whether only the ground submitted within time should be considered
Ratio Decidendi
Appeal grounds submitted after the statutory period are inadmissible unless they supplement or explain those submitted within time; only the ground submitted on 08/12/2017 is admissible for consideration.
Court Disposition
preliminary objection upheld
Orders
- Only the appeal ground submitted on 08/12/2017 will be considered in further proceedings.
- Hearing adjourned to 27/11/2018.
Full Case Text
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