MUREKATETE v. DIYOSEZI GATORIKA YA BYUMBA (1)

MUREKATETE v. DIYOSEZI GATORIKA YA BYUMBA (1)

The Court held that the value of compensation awarded at the first instance (over 50,000,000 Frw) is sufficient to confer jurisdiction on the Court of Appeal, regardless of whether the High Court reduced the amount below the threshold. The preliminary objection on jurisdiction was dismissed.

Source-derived case information.

Citation
RSOCAA 00007/2018/CA
Parties
Applicant: Murekatete Jovia; Respondent: Diyosezi Gatorika ya Byumba
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
7 December 2018
Case Number
RSOCAA 00007/2018/CA
Procedural Posture
Civil Appeal / Preliminary Objection Ruling
Outcome
Preliminary objection dismissed; Court of Appeal has jurisdiction; case to proceed to merits hearing.
Legal Topics
Jurisdiction of Appellate Courts, Employment Termination, Workplace Injury, Compensation for Workplace Accidents
Source Language
rw
Labour Law Civil Procedure Jurisdiction of Appellate Courts Employment Termination Workplace Injury Compensation for Workplace Accidents

Source-derived case record

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Parties

Murekatete Jovia

Applicant

Diyosezi Gatorika ya Byumba

Respondent

Procedural Posture

Civil Appeal / Preliminary Objection Ruling

  1. 1 Whether the Court of Appeal has jurisdiction based on the value of compensation awarded in lower courts

Ratio Decidendi

The Court held that the value of compensation awarded at the first instance (over 50,000,000 Frw) is sufficient to confer jurisdiction on the Court of Appeal, regardless of whether the High Court reduced the amount below the threshold. The preliminary objection on jurisdiction was dismissed.

Court Disposition

Preliminary objection dismissed; Court of Appeal has jurisdiction; case to proceed to merits hearing.

Orders

  • Objection of lack of jurisdiction is dismissed.
  • Court of Appeal affirms its jurisdiction over the appeal.