Re NYIRABARERA

Re NYIRABARERA

There was no ambiguity or material error in the Supreme Court judgment N° RS/INJUST/RC 00034/2017/SC regarding the properties awarded to Nyirabarera Euphrasie; the properties and their details were sufficiently clear from the previous judgments and the Supreme Court's decision. The Court cannot clarify or rectify matters not raised or decided in the judgment under review.

Citation
RS/INTERT/RC 00001/2021/SC
Parties
Applicant: Nyirabarera Euphrasie; Respondent: Semahoro Aaron (deceased, represented by heirs)
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
9 June 2021
Case Number
RS/INTERT/RC 00001/2021/SC
Procedural Posture
Civil / Application for Interpretation and Rectification of Judgment
Outcome
application dismissed
Legal Topics
Rectification of Judgment, Interpretation of Judgment, Property Division, Marital Property
Source Language
rw

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Parties

Nyirabarera Euphrasie

Applicant

Semahoro Aaron (deceased, represented by heirs)

Respondent

Procedural Posture

Civil / Application for Interpretation and Rectification of Judgment

  1. 1 Whether the Supreme Court judgment N° RS/INJUST/RC 00034/2017/SC should be rectified or interpreted regarding the properties awarded to Nyirabarera Euphrasie.

Ratio Decidendi

There was no ambiguity or material error in the Supreme Court judgment N° RS/INJUST/RC 00034/2017/SC regarding the properties awarded to Nyirabarera Euphrasie; the properties and their details were sufficiently clear from the previous judgments and the Supreme Court's decision. The Court cannot clarify or rectify matters not raised or decided in the judgment under review.

Court Disposition

application dismissed

Orders

  • The application of Nyirabarera Euphrasie is dismissed as unfounded.
  • There is no ambiguity or error in the Supreme Court judgment N° RS/INJUST/RC 00034/2017/SC requiring rectification or interpretation.