BRD LTD v. MBUTO N’UNDI

BRD LTD v. MBUTO N’UNDI

Only the ground of appeal submitted by BRD Ltd within the statutory period is admissible; all other grounds submitted after the deadline are inadmissible unless they supplement or explain the timely ground, which was not the case here.

Citation
RCOMAA 00071/2017/SC
Parties
Appellant: BRD LTD; Respondent: Mbuto Aimable
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
26 October 2018
Case Number
RCOMAA 00071/2017/SC
Procedural Posture
Civil Commercial Appeal / Interlocutory Ruling on Admissibility of Grounds of Appeal
Outcome
Objection upheld; only the timely ground of appeal will be considered; hearing adjourned.
Legal Topics
Appeal Procedure, Admissibility of Grounds of Appeal, Timeliness of Filings
Source Language
rw

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Parties

BRD LTD

Appellant

Mbuto Aimable

Respondent

Procedural Posture

Civil Commercial Appeal / Interlocutory Ruling on Admissibility of Grounds of Appeal

  1. 1 Whether grounds of appeal submitted by BRD Ltd after the expiry of the appeal period are admissible

Ratio Decidendi

Only the ground of appeal submitted by BRD Ltd within the statutory period is admissible; all other grounds submitted after the deadline are inadmissible unless they supplement or explain the timely ground, which was not the case here.

Court Disposition

Objection upheld; only the timely ground of appeal will be considered; hearing adjourned.

Orders

  • Objection by Mbuto Aimable to late grounds of appeal is upheld.
  • Only the ground of appeal filed on 08/12/2017 will be considered in the appeal.