MUKESHIMANA EL AL v. Rwanda Social Security Board (RSSB)

MUKESHIMANA EL AL v. Rwanda Social Security Board (RSSB)

A claim for rectification and inclusion of assets not evaluated during expropriation is not subject to administrative appeal because it does not seek annulment of an administrative decision but concerns execution of that decision; therefore, the High Court erred in dismissing the claim on that basis.

Citation
RADA 0040/12/CS
Parties
Appellant: Mukeshimana Alphonse; Appellant: Uwayezu Venantie; Respondent: Rwanda Social Security Board (RSSB)
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
16 September 2014
Case Number
RADA 0040/12/CS
Procedural Posture
Administrative Appeal / Supreme Court Appeal From High Court Judgment
Outcome
Appeal allowed; High Court judgment overturned; case remitted for hearing on merits; court fees suspended.
Legal Topics
Administrative Appeals, Expropriation Procedure, Valuation of Property, Execution of Administrative Decisions
Source Language
en, rw
Administrative Law Expropriation Administrative Appeals Expropriation Procedure Valuation of Property Execution of Administrative Decisions

Case Brief

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Parties

Mukeshimana Alphonse

Appellant

Uwayezu Venantie

Appellant

Rwanda Social Security Board (RSSB)

Respondent

Procedural Posture

Administrative Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether a claim for rectification and inclusion of assets not evaluated during expropriation is subject to administrative appeal
  2. 2 Whether the High Court erred in dismissing the claim as subject to administrative appeal under article 339

Ratio Decidendi

A claim for rectification and inclusion of assets not evaluated during expropriation is not subject to administrative appeal because it does not seek annulment of an administrative decision but concerns execution of that decision; therefore, the High Court erred in dismissing the claim on that basis.

Court Disposition

Appeal allowed; High Court judgment overturned; case remitted for hearing on merits; court fees suspended.

Orders

  • Judgment nº RAD 0172/10/HC/KIG rendered on 29/06/2012 is overturned in its entirety.
  • The hearing of the case on merits will be resumed on a date to be notified by the registry.