Re MUNYANEZA (PETITION FOR DISQUALIFICATION OF JUDGE)

Re MUNYANEZA (PETITION FOR DISQUALIFICATION OF JUDGE)

The disqualification request was not admissible because it was submitted after the closure of the hearing, contrary to the explicit requirement of article 102 of Law n° 21/2012.

Citation
RS/RECUS/CIV 0001/13/CS
Parties
Applicant: Munyaneza Aaron; Respondent: SONARWA; Respondent: Special Guarantee Fund; Judge: Justice Mukandamage Marie Josée
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
18 April 2013
Case Number
RS/RECUS/CIV 0001/13/CS
Procedural Posture
Civil / Petition for Disqualification of Judge
Outcome
disqualification request rejected
Legal Topics
Disqualification of Judge, Timeliness of Application, Admissibility of Procedural Requests
Source Language
en
Civil Procedure Disqualification of Judge Timeliness of Application Admissibility of Procedural Requests

Case Brief

Summary, issues, holding and outcome

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Parties

Munyaneza Aaron

Applicant

SONARWA

Respondent

Special Guarantee Fund

Respondent

Justice Mukandamage Marie Josée

Judge

Procedural Posture

Civil / Petition for Disqualification of Judge

Legal Issues

  1. 1 Whether a disqualification request for a judge can be admitted after closure of hearings but before judgment is pronounced
  2. 2 Whether the law contains a lacuna regarding the timing of disqualification requests

Ratio Decidendi

The disqualification request was not admissible because it was submitted after the closure of the hearing, contrary to the explicit requirement of article 102 of Law n° 21/2012.

Court Disposition

disqualification request rejected

Orders

  • The trial bench which heard the case RCAA 0028/12/CS should continue its deliberation.