CAYRIER v. LETSHEGO RWANDA LTD N’ABANDI

CAYRIER v. LETSHEGO RWANDA LTD N’ABANDI

The applicant's second appeal was filed after the three-day statutory deadline for summary proceedings as required by Articles 188 and 260 of Law No 22/2018. The nature of the claim (auction annulment) does not exempt it from these deadlines, even at the second appeal stage. Therefore, the appeal is inadmissible.

Citation
RCOMAA 00044/2019/CA
Parties
Applicant: CAYRIER Clément Jean-Marie; Respondent: LETSHEGO RWANDA Ltd; Respondent: MUNYANEZA Valérien; Respondent: RDB; Respondent: BEMERIKI Emmanuel
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
19 February 2020
Case Number
RCOMAA 00044/2019/CA
Procedural Posture
Commercial Appeal / Second Appeal (court of Appeal)
Outcome
Appeal dismissed as inadmissible for being filed out of time.
Legal Topics
Auction Annulment, Appeal Deadlines, Summary Proceedings, Costs and Damages
Source Language
rw, en
Commercial Law Civil Procedure Auction Annulment Appeal Deadlines Summary Proceedings Costs and Damages

Case Brief

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Parties

CAYRIER Clément Jean-Marie

Applicant

LETSHEGO RWANDA Ltd

Respondent

MUNYANEZA Valérien

Respondent

RDB

Respondent

BEMERIKI Emmanuel

Respondent

Procedural Posture

Commercial Appeal / Second Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the second appeal against the auction annulment was filed within the statutory deadline
  2. 2 Whether the applicant is liable for costs and damages to the respondents

Ratio Decidendi

The applicant's second appeal was filed after the three-day statutory deadline for summary proceedings as required by Articles 188 and 260 of Law No 22/2018. The nature of the claim (auction annulment) does not exempt it from these deadlines, even at the second appeal stage. Therefore, the appeal is inadmissible.

Court Disposition

Appeal dismissed as inadmissible for being filed out of time.

Orders

  • Applicant to pay each respondent (LETSHEGO RWANDA Ltd, MUNYANEZA Valérien, BEMERIKI Emmanuel) 500,000 Frw for attorney fees and costs at this level.
  • Court fees to be assessed according to work done in the case.