BRD LTD v. MBUTO N’UNDI

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

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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

  1. 1 Whether appeal grounds submitted after the statutory period are admissible
  2. 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.