KIGALI CITY ET AL v. KARIMBA

KIGALI CITY ET AL v. KARIMBA

The mention of 'opposition' instead of 'appeal' in the instituting act is a formal irregularity that does not render the appeal null and void, as it was rectified by a subsequent letter and none of the conditions for nullity under article 92 of Law n° 21/2012 were met.

Citation
RLR V.2 - 2015
Parties
Appellant: Kigali City; Respondent/appellant: Karimba Gaetan; Intervener/respondent: Nkusi Rukeba Daphy
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
28 March 2014
Case Number
RDAA 0040/11/CS – RADAA 0058/12/CS
Procedural Posture
Administrative Appeal / Interlocutory Ruling on Admissibility of Appeal
Outcome
Objection of inadmissibility overruled; appeal proceeds to hearing on merits.
Legal Topics
Irregularities in Procedural Acts, Appeal Vs. Opposition, Nullity of Procedural Acts, Joinder of Cases
Source Language
en
Administrative Law Civil Procedure Irregularities in Procedural Acts Appeal Vs. Opposition Nullity of Procedural Acts Joinder of Cases

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Parties

Kigali City

Appellant

Karimba Gaetan

Respondent/appellant

Nkusi Rukeba Daphy

Intervener/respondent

Procedural Posture

Administrative Appeal / Interlocutory Ruling on Admissibility of Appeal

Legal Issues

  1. 1 Whether the use of 'opposition' instead of 'appeal' in instituting a claim renders the appeal inadmissible or null
  2. 2 Whether simultaneous use of opposition and appeal is prohibited and fatal to the proceedings

Ratio Decidendi

The mention of 'opposition' instead of 'appeal' in the instituting act is a formal irregularity that does not render the appeal null and void, as it was rectified by a subsequent letter and none of the conditions for nullity under article 92 of Law n° 21/2012 were met.

Court Disposition

Objection of inadmissibility overruled; appeal proceeds to hearing on merits.

Orders

  • Objection of inadmissibility of Karimba’s appeal is overruled.
  • Hearing on the merits scheduled for 14 April 2014.