Re MUNYANEZA

Re MUNYANEZA

A disqualification request must be made during the course of the hearing and not after its closure; submitting such a request after the hearing is closed is inadmissible under article 102 of Law n° 21/2012.

Citation
RLR V. 4 - 2015
Parties
Applicant: Munyaneza Aaron; Respondent: SONARWA; Respondent: Special Guarantee Fund
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
18 April 2014
Case Number
RS/RECUS/CIV 0001/13/CS
Procedural Posture
Civil / Petition for Disqualification of Judge Prior to Judgment
Outcome
Disqualification request rejected; trial bench remains unchanged.
Legal Topics
Disqualification of Judge, Admissibility of Applications, Timing of Objections
Source Language
en
Civil Procedure Disqualification of Judge Admissibility of Applications Timing of Objections

Case Brief

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Parties

Munyaneza Aaron

Applicant

SONARWA

Respondent

Special Guarantee Fund

Respondent

Procedural Posture

Civil / Petition for Disqualification of Judge Prior to Judgment

Legal Issues

  1. 1 Whether a disqualification request for a judge can be admitted after closure of hearings but before judgment is pronounced

Ratio Decidendi

A disqualification request must be made during the course of the hearing and not after its closure; submitting such a request after the hearing is closed is inadmissible under article 102 of Law n° 21/2012.

Court Disposition

Disqualification request rejected; trial bench remains unchanged.

Orders

  • The disqualification request raised by Munyaneza is rejected.
  • The trial bench which heard the case RCAA 0028/12/CS shall continue its deliberation.