RE SOCOBICO INDUSTRIES S.A

RE SOCOBICO INDUSTRIES S.A

The application for interpretation fails because the issue of valuing the goodwill was not debated during the hearing or addressed in the judgment; the judgment's order to return the goodwill is clear and unambiguous, and interpretation cannot be used to introduce new matters.

Citation
RLR V.2-2016
Parties
Applicant: SOCOBICO Industries S.A.; Respondent: ECOBANK Ltd; Respondent: TRUST Industries Ltd; Respondent: Notary Uwitonze Nasira
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
20 June 2014
Case Number
RS/INTER/CIV0001/14/CS
Procedural Posture
Application for Interpretation of Judgment / Supreme Court Final Determination
Outcome
Application dismissed
Legal Topics
Interpretation of Judgments, Mortgage Enforcement, Auction Procedure, Restitution of Property
Source Language
en, rw
Civil Procedure Interpretation of Judgments Mortgage Enforcement Auction Procedure Restitution of Property

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Parties

SOCOBICO Industries S.A.

Applicant

ECOBANK Ltd

Respondent

TRUST Industries Ltd

Respondent

Notary Uwitonze Nasira

Respondent

Procedural Posture

Application for Interpretation of Judgment / Supreme Court Final Determination

Legal Issues

  1. 1 Whether the application for interpretation of paragraph 121 of judgment RCAA0011/13/CS demonstrates ambiguity or error justifying interpretation

Ratio Decidendi

The application for interpretation fails because the issue of valuing the goodwill was not debated during the hearing or addressed in the judgment; the judgment's order to return the goodwill is clear and unambiguous, and interpretation cannot be used to introduce new matters.

Court Disposition

Application dismissed

Orders

  • The claim of SOCOBICO Industries S.A. for interpretation of the judgment RCAA0011/13/CS rendered on 15 November 2013 has no merit.
  • There is no ground for interpreting paragraph 121 of the judgment RCAA0011/13/CS.