MUNYANEZA (IKIREGO CYO KWIHANA UMUCAMANZA)

MUNYANEZA (IKIREGO CYO KWIHANA UMUCAMANZA)

Recusal applications must be filed during hearings and before the case is closed; applications filed after closure but before judgment are inadmissible under Article 102 of Law n° 21/2012.

Source-derived case information.

Citation
RLR V. 4 - 2015
Parties
Applicant: Munyaneza Aaron; Respondent: SONARWA; Respondent: Fonds de Garantie (Ikigega Cyihariye cy’Ingoboka); Judge: Mukandamage Marie Josée
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
18 April 2013
Case Number
RS/RECUS/CIV 0001/13/CS
Procedural Posture
Civil / Application for Recusal of Judge
Outcome
recusal application dismissed as inadmissible
Legal Topics
Recusal of Judge, Admissibility of Recusal Applications, Timeliness of Procedural Objections
Source Language
rw
Civil Procedure Recusal of Judge Admissibility of Recusal Applications Timeliness of Procedural Objections

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Summary, issues, holding and outcome

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Parties

Munyaneza Aaron

Applicant

SONARWA

Respondent

Fonds de Garantie (Ikigega Cyihariye cy’Ingoboka)

Respondent

Mukandamage Marie Josée

Judge

Procedural Posture

Civil / Application for Recusal of Judge

Legal Issues

  1. 1 Whether a recusal application against a judge is admissible if filed after the closure of hearings but before judgment is delivered

Ratio Decidendi

Recusal applications must be filed during hearings and before the case is closed; applications filed after closure but before judgment are inadmissible under Article 102 of Law n° 21/2012.

Court Disposition

recusal application dismissed as inadmissible

Orders

  • Recusal application by Munyaneza is rejected as untimely.
  • The original panel shall continue to hear and decide case RCAA 0028/12/CS.