Habiyambere v Manishimwe

Habiyambere v Manishimwe

The High Court held that the Intermediate Court correctly declined jurisdiction as only the Primary Court is competent to hear cases concerning suspension and annulment of auctions under Article 260 of Law No 22/2018. The appeal was dismissed as unfounded.

Citation
RCA 00044/2021/HC/MUS
Parties
Appellant: Habiyambere Faustin; Respondent: Manishimwe; Respondent: Ndayambaje Anastase; Respondent: Uwimana Jean Baptiste; Respondent: Ntahonsigaye Esther
Court
High Court
Jurisdiction
Rwanda
Judgment Date
28 November 2022
Case Number
RCA 00044/2021/HC/MUS
Procedural Posture
Civil Appeal / High Court Appellate Judgment
Outcome
Appeal dismissed
Legal Topics
Jurisdiction, Auction Annulment, Costs
Source Language
rw
Civil Procedure Jurisdiction Auction Annulment Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Habiyambere Faustin

Appellant

Manishimwe

Respondent

Ndayambaje Anastase

Respondent

Uwimana Jean Baptiste

Respondent

Ntahonsigaye Esther

Respondent

Procedural Posture

Civil Appeal / High Court Appellate Judgment

Legal Issues

  1. 1 Whether the Intermediate Court had jurisdiction to hear the case at first instance
  2. 2 Whether the claims for damages and costs in appeal are justified

Ratio Decidendi

The High Court held that the Intermediate Court correctly declined jurisdiction as only the Primary Court is competent to hear cases concerning suspension and annulment of auctions under Article 260 of Law No 22/2018. The appeal was dismissed as unfounded.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay respondents jointly 500,000 Frws as attorney fees and 60,000 Frws as costs
  • The decision of the Intermediate Court stands except as to costs