RWAMBIBI ET AL. v. STATE OF RWANDA ET. AL.

RWAMBIBI ET AL. v. STATE OF RWANDA ET. AL.

Applicants' contradiction in pleadings and subsequent request for compensation instead of restitution does not constitute fraud under article 186; no new grounds for review are established.

Citation
RS/REV/AD 0001/12/CS
Parties
Applicant: Rwambibi Emmanuel; Applicant: Rurangirwa Yves Ernest; Respondent: State of Rwanda; Respondent: Catholic Church Diocese of Ruhengeri; Respondent: Rwanda Housing Bank
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
6 March 2015
Case Number
RS/REV/AD 0001/12/CS
Procedural Posture
Application for Review / Final Judgment
Outcome
application for review dismissed
Legal Topics
Review of Judgment, Fraud as Ground for Review, Compensation for Expropriation
Source Language
en, rw
Administrative Law Civil Procedure Review of Judgment Fraud as Ground for Review Compensation for Expropriation

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Parties

Rwambibi Emmanuel

Applicant

Rurangirwa Yves Ernest

Applicant

State of Rwanda

Respondent

Catholic Church Diocese of Ruhengeri

Respondent

Rwanda Housing Bank

Respondent

Procedural Posture

Application for Review / Final Judgment

Legal Issues

  1. 1 Whether alleged fraud constitutes a valid ground for review under article 186 of law No 21/2012
  2. 2 Whether the applicants' claim for review is founded

Ratio Decidendi

Applicants' contradiction in pleadings and subsequent request for compensation instead of restitution does not constitute fraud under article 186; no new grounds for review are established.

Court Disposition

application for review dismissed

Orders

  • judgment RADA 0045/10/CS is not modified
  • applicants to pay court fee of 100,000 Rwf