Re MUKANDABUKIYE
- Citation
- RCA 0430/15/HC/KIG
- Status
- Civil
- Jurisdiction
- Rwanda
- Court
- High Court
- Decision
- 30 September 2015
- Posture
- Civil / Application for Rectification of Judgment
- Case number
- RCA 0430/15/HC/KIG
More details
- Court
- High Court
- Decision
- 30 September 2015
- Posture
- Civil / Application for Rectification of Judgment
- Case number
- RCA 0430/15/HC/KIG
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the application had merit as the judgment number was incorrectly recorded and rectification was warranted under article 154 of Law no 21/2012 of 14/06/2012.
Court disposition
application allowed
Orders
- The judgment RCA 0285/12/HC/KIG rendered by the High Court on 22 March 2013 is rectified to state that the subject matter is appealing against judgment RC 0578/10/TGI/NYGE instead of judgment RC 0518/10/TGI/NYGE.
02
Material facts
Parties
Mukandabukiye Leonille
Applicant03
Procedural history
Posture
Civil / Application for Rectification of Judgment
04
Questions and positions
Legal issues
Whether the judgment number in the appealed case was incorrectly recorded and requires rectification under the applicable law.
Party arguments
- Applicant
- The applicant requested rectification of the judgment number, asserting that the appeal was against judgment RC 0578/10/TGI/NYGE, but it was wrongly recorded as RC 0518/10/TGI/NYGE.
- Respondent
- No adversarial arguments were presented as the application was decided in camera.
05
Court’s reasoning
Legal principles
- 01
Law no 21/2012 of 14/06/2012, article 154
Applications seeking to rectify an apparent error on the record or clarify an ambiguous decision shall be decided in camera without adversarial arguments and without alteration regarding the winning party.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the application had merit as the judgment number was incorrectly recorded and rectification was warranted under article 154 of Law no 21/2012 of 14/06/2012.
Court disposition
application allowed
- The judgment RCA 0285/12/HC/KIG rendered by the High Court on 22 March 2013 is rectified to state that the subject matter is appealing against judgment RC 0578/10/TGI/NYGE instead of judgment RC 0518/10/TGI/NYGE.
Source and reliance status
High Court · 30 September 2015
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
High Court
Civil· 30 September 2015
Re MUKANDABUKIYE
- Source: Amategeko - Section: Decisions (Judgements) - Date: 2015-09-30 - Case/document no.: RCA 0430/15/HC/KIG - Collection: High Court
Text
Page 1
Re MUKANDABUKIYE [Rwanda HIGH COURT – RCA 0430/15/HC/KIG (Nzabonimana, P.J.) September 30, 2015] Civil procedure – Application seeking to rectify a judgment – Applications seeking to rectify an apparent error on the record shall be decided in camera without adversarial arguments and without alteration regarding the winning party – Law no 21/2012 of 14/06/2012 relating to the civil, commercial, labour and administrative procedure, article 154. Facts : this application has the purpose to request for rectifying the number of the judgment RC 0578/10/TGI/NYGE which was appealed for because it is wrongly recorded instead of recording it on RC 0578/10/TGI/NYGE it was recorded it on RC 0518/10/TGI/NYGE. Held : Applications seeking to rectify an apparent error on the record or clarifying a decision which is ambiguous or susceptible to divergent interpretation shall be decided in camera without adversarial arguments and without alteration regarding the winning party, explanatory notes on how the case was ruled, and what the law stipulates as well as the decision taken by court therefore this judgment is rectified. Application has the merit. Statutes and statutory instruments referred to: Law no 21/2012 of 14/06/2012 relating to the civil, commercial, labour and administrative procedure, article 154. No cases referred to. Judgment I. BRIEF BACKGROUND OF THE CASE [1] Mukandabukiye Leonille wrote to the High Court on 19 September 2015 in requesting to rectify the number of the judgment RC 0578/10/TGI/NYGE which was appealed for because it was wrongly recorded instead of recording it on RC 0578/10/TGI/NYGE it was recorded it on RC 0518/10/TGI/NYGE.
VIEW OF THE COURT [2] The Court bases on article 154 of Law no 21/2012 of 14/06/2012relating to the civil, commercial, labour and administrative procedure, the judgment RCA 0285/12/HC/KIG rendered by the High Court on 22 March is rectify as follow:
Page 2
Subject matter: appealing against the judgment RC 0578/10/TGI/NYGE instead of judgment RC 0518/10/TGI/NYGE II. DECISION OF THE COURT [3] It holds that the claim of rectifying the judgment RCA 0285/12/HC/KIG the judgment rendered by the High Court on 22 March 2013 submitted by Mukandabukiye Leonille has the merit. [4] It holds that the judgment is rectified as follow: Subject matter: appealing against the judgment RC 0578/10/TGI/NYGE instead of judgment RC 0518/10/TGI/NYGE [5] It orders that this judgment completes the judgment RCA 0285/12/HC/KIG rendered by the High Court on 22 March 2013 is rectified.
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