CAPLAKI v. MUKANYIRINKWAYA

CAPLAKI v. MUKANYIRINKWAYA

Umujyi wa Kigali is allowed to intervene voluntarily because it was not a party in lower courts and has a direct legal interest; such intervention does not alter the commercial nature of the dispute, which is based on contractual obligations between CAPLAKI and Mukanyirinkwaya.

Citation
RLR V.2-2018
Parties
Applicant: Koperative CAPLAKI; Respondent: Mukanyirinkwaya Adèle; Voluntary Intervener: Umujyi wa Kigali
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
27 May 2016
Case Number
RCOMAA0043/14/CS
Procedural Posture
Commercial Appeal / Preliminary Ruling on Voluntary Intervention
Outcome
preliminary objection dismissed; voluntary intervention allowed; main hearing to continue
Legal Topics
Voluntary Intervention, Change of Case Nature, Contractual Obligations, Government Property
Source Language
en, rw
Commercial Law Civil Procedure Voluntary Intervention Change of Case Nature Contractual Obligations Government Property

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Parties

Koperative CAPLAKI

Applicant

Mukanyirinkwaya Adèle

Respondent

Umujyi wa Kigali

Voluntary Intervener

Procedural Posture

Commercial Appeal / Preliminary Ruling on Voluntary Intervention

Legal Issues

  1. 1 Whether voluntary intervention by Umujyi wa Kigali should be allowed at Supreme Court level
  2. 2 Whether such intervention changes the nature of the case from commercial to administrative

Ratio Decidendi

Umujyi wa Kigali is allowed to intervene voluntarily because it was not a party in lower courts and has a direct legal interest; such intervention does not alter the commercial nature of the dispute, which is based on contractual obligations between CAPLAKI and Mukanyirinkwaya.

Court Disposition

preliminary objection dismissed; voluntary intervention allowed; main hearing to continue

Orders

  • Voluntary intervention by Umujyi wa Kigali permitted.
  • Main hearing scheduled for 12 July 2016.