KAMARANDE N’ UNDI vs. UMUTONI N’ UNDI

KAMARANDE N’ UNDI vs. UMUTONI N’ UNDI

The opposition claim was filed after the statutory two-month period from the date the appellants were notified of the judgment by the judicial officer on 17/06/2022. The claim was therefore inadmissible, and the lower court's decision was correct. Damages were not awarded, but costs were granted to the respondent.

Source-derived case information.

Citation
RCOMAA 00001/2023/CA
Parties
Appellant: Kamarande Théogène; Appellant: Naberaho Dorothée; Respondent: Umutoni Mariam; Respondent: Habumuremyi Jean Marie Vianney
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
28 April 2023
Case Number
RCOMAA 00001/2023/CA
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Time Limits for Filing, Inadmissibility of Late Claims, Costs and Damages, Procedural Fairness
Source Language
rw
Civil Procedure Commercial Law Time Limits for Filing Inadmissibility of Late Claims Costs and Damages Procedural Fairness

Source-derived case record

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Parties

Kamarande Théogène

Appellant

Naberaho Dorothée

Appellant

Umutoni Mariam

Respondent

Habumuremyi Jean Marie Vianney

Respondent

Procedural Posture

Civil Appeal / Final Judgment

  1. 1 Whether the claim to oppose the judgment was filed within the legal time limit
  2. 2 Whether the lower court erred in declaring the claim inadmissible for lateness
  3. 3 Whether the respondent is entitled to damages and costs

Ratio Decidendi

The opposition claim was filed after the statutory two-month period from the date the appellants were notified of the judgment by the judicial officer on 17/06/2022. The claim was therefore inadmissible, and the lower court's decision was correct. Damages were not awarded, but costs were granted to the respondent.

Court Disposition

appeal dismissed

Orders

  • The appeal by Kamarande Théogène and Naberaho Dorothée is dismissed as unfounded.
  • The decision of the Commercial High Court in RCOMA 00733/2022/HCC is upheld in all respects.