Re RUTAGARAMA

Re RUTAGARAMA

The Supreme Court held that the statutory one-month period for correction of judgments does not bar correction where clerical errors in the applicant's identification details prevent enforcement of the judgment. The Court found such errors existed and ordered correction.

Citation
RS/RECT/RC 00001/2019/SC
Parties
Applicant: Rutagarama Eliseus; Respondent: Nzabonimana Etienne
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
31 May 2019
Case Number
RS/RECT/RC 00001/2019/SC
Procedural Posture
Civil / Application for Correction of Judgment
Outcome
application allowed
Legal Topics
Correction of Judgment, Procedural Time Limits, Clerical Errors
Source Language
rw
Civil Procedure Correction of Judgment Procedural Time Limits Clerical Errors

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Parties

Rutagarama Eliseus

Applicant

Nzabonimana Etienne

Respondent

Procedural Posture

Civil / Application for Correction of Judgment

Legal Issues

  1. 1 Whether the application to correct clerical errors in the judgment is time-barred by the one-month statutory period
  2. 2 Whether there are clerical errors in the applicant's identification details that require correction

Ratio Decidendi

The Supreme Court held that the statutory one-month period for correction of judgments does not bar correction where clerical errors in the applicant's identification details prevent enforcement of the judgment. The Court found such errors existed and ordered correction.

Court Disposition

application allowed

Orders

  • The application for correction of judgment is admitted and granted.
  • The identification details of Rutagarama Eliseus in all relevant judgments are corrected to: Rutagarama Eliseus, son of Ngabonziza Silas and Muterampundu, born in 1971.