MUREKATETE v. NAHO ET.AL

MUREKATETE v. NAHO ET.AL

Murekatete Immaculée has the status and interest to petition the court to resolve contradictions among judgments because she was a party to the judgments, either on her own or representing her child, and the law does not bar her from petitioning in the interest of her child who has not appeared after attaining majority age.

Citation
RS/SPEC/ 0003/13/CS
Parties
Applicant: Murekatete Immaculée; Respondent: Naho David; Respondent: Heirs of Gasharazi Jennifer
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
24 June 2016
Case Number
RS/SPEC/ 0003/13/CS
Procedural Posture
Civil / Preliminary Objection
Outcome
preliminary objection overruled
Legal Topics
Preliminary Objection, Standing, Succession, Contradictory Judgments, Representation of Minors
Source Language
en
Civil Procedure Family Law Preliminary Objection Standing Succession Contradictory Judgments Representation of Minors

Case Brief

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Parties

Murekatete Immaculée

Applicant

Naho David

Respondent

Heirs of Gasharazi Jennifer

Respondent

Procedural Posture

Civil / Preliminary Objection

Legal Issues

  1. 1 Whether Murekatete Immaculée has the status and interest to petition the court to resolve contradictions among judgments after her child attained majority age

Ratio Decidendi

Murekatete Immaculée has the status and interest to petition the court to resolve contradictions among judgments because she was a party to the judgments, either on her own or representing her child, and the law does not bar her from petitioning in the interest of her child who has not appeared after attaining majority age.

Court Disposition

preliminary objection overruled

Orders

  • Case to proceed on merits on 20/09/2016
  • Court fees suspended