Re NYANDEKWE N’ABANDI

Re NYANDEKWE N’ABANDI

Omitted claims and parties that were not joined or adjudicated in the main proceedings cannot be added to the judgment through correction, as this would alter the substance of the decision, which is not permitted under the law governing correction of clerical errors.

Citation
RS/RECT/RC 00001/2022/HC/KIG
Parties
Applicant: Nyandekwe Ndagije Déogratias; Applicant: Bwanakweri Ngabo Baudouin; Applicant: Uwamungu Victorien; Applicant: Ntaribi Théogène; Respondent: Leta y’u Rwanda (MINEDUC)
Court
High Court
Jurisdiction
Rwanda
Judgment Date
28 July 2022
Case Number
RS/RECT/RC 00001/2022/HC/KIG
Procedural Posture
Administrative Correction Application / Judgment
Outcome
claim dismissed
Legal Topics
Correction of Judgments, Procedural Errors, Joinder of Claims
Source Language
rw
Administrative Law Correction of Judgments Procedural Errors Joinder of Claims

Case Brief

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Parties

Nyandekwe Ndagije Déogratias

Applicant

Bwanakweri Ngabo Baudouin

Applicant

Uwamungu Victorien

Applicant

Ntaribi Théogène

Applicant

Leta y’u Rwanda (MINEDUC)

Respondent

Procedural Posture

Administrative Correction Application / Judgment

Legal Issues

  1. 1 Whether failure to join certain claims and parties in the main judgment constitutes a clerical error subject to correction
  2. 2 Whether omitted claims and parties can be added to a decided judgment via correction procedure

Ratio Decidendi

Omitted claims and parties that were not joined or adjudicated in the main proceedings cannot be added to the judgment through correction, as this would alter the substance of the decision, which is not permitted under the law governing correction of clerical errors.

Court Disposition

claim dismissed

Orders

  • The application for correction is dismissed as unfounded.
  • No changes are made to the previous judgments.