CAPLAKI v. MUKANYIRINKWAYA_en

CAPLAKI v. MUKANYIRINKWAYA_en

The voluntary intervention of Kigali City is admissible before the Supreme Court as it was not a party in previous proceedings and has a legitimate interest; such intervention does not change the nature of the case from commercial to administrative because the subject matter remains reimbursement arising from a sale contract.

Citation
RLR V.2-2018
Parties
Appellant: CAPLAKI; Respondent: Mukanyirinkwaya Adèle; Voluntary Intervener: Kigali City
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
27 May 2016
Case Number
RCOMAA0043/14/CS
Procedural Posture
Commercial Appeal / Preliminary Objection on Voluntary Intervention Before Supreme Court
Outcome
Preliminary objection overruled; voluntary intervention of Kigali City admitted; hearing on merits to continue.
Legal Topics
Voluntary Intervention, Jurisdiction, Nature of Claim, Sale of Immovable Property
Source Language
en, rw
Commercial Law Civil Procedure Voluntary Intervention Jurisdiction Nature of Claim Sale of Immovable Property

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Parties

CAPLAKI

Appellant

Mukanyirinkwaya Adèle

Respondent

Kigali City

Voluntary Intervener

Procedural Posture

Commercial Appeal / Preliminary Objection on Voluntary Intervention Before Supreme Court

Legal Issues

  1. 1 Whether the voluntary intervention by Kigali City is admissible
  2. 2 Whether the voluntary intervention changes the nature of the case from commercial to administrative

Ratio Decidendi

The voluntary intervention of Kigali City is admissible before the Supreme Court as it was not a party in previous proceedings and has a legitimate interest; such intervention does not change the nature of the case from commercial to administrative because the subject matter remains reimbursement arising from a sale contract.

Court Disposition

Preliminary objection overruled; voluntary intervention of Kigali City admitted; hearing on merits to continue.

Orders

  • Kigali City is allowed to voluntarily intervene in the case.
  • Hearing on merits to continue on 12/07/2016.