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
Case Brief
Summary, issues, holding and outcome
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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
Legal Issues
- 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.
Full Case Text
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