RWANDA DEVELOPMENT BOARD (RDB) v. NANIYA SEBIRIBIRI N’ABANDI

RWANDA DEVELOPMENT BOARD (RDB) v. NANIYA SEBIRIBIRI N’ABANDI

The Court of Appeal held that since the acts giving rise to the claim and the filing of the claim occurred while the old law (Code Civil Livre III) was still in force, and the new law did not provide transitional provisions, the High Court correctly applied the old law. Therefore, the appeal by RDB was inadmissible as there was no error in the application of the law by the High Court.

Citation
RCAA 00016/2020/CA
Parties
Appellant: Rwanda Development Board (RDB); Respondents: Naniya Sebiribiri n’abandi
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
12 March 2021
Case Number
RCAA 00016/2020/CA
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Admissibility of Appeal
Outcome
Appeal dismissed as inadmissible
Legal Topics
Retroactivity of Law, Employer Liability, Abrogation of Statutes, Transitional Provisions, Civil Damages
Source Language
rw
Civil Procedure Tort Law Retroactivity of Law Employer Liability Abrogation of Statutes Transitional Provisions Civil Damages

Case Brief

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Parties

Rwanda Development Board (RDB)

Appellant

Naniya Sebiribiri n’abandi

Respondents

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Admissibility of Appeal

Legal Issues

  1. 1 Whether the appeal by Rwanda Development Board (RDB) is admissible given the abrogation of the legal basis for the original claim
  2. 2 Whether the applicable law is the one in force at the time of the facts or at the time of appeal

Ratio Decidendi

The Court of Appeal held that since the acts giving rise to the claim and the filing of the claim occurred while the old law (Code Civil Livre III) was still in force, and the new law did not provide transitional provisions, the High Court correctly applied the old law. Therefore, the appeal by RDB was inadmissible as there was no error in the application of the law by the High Court.

Court Disposition

Appeal dismissed as inadmissible

Orders

  • Rwanda Development Board (RDB) to pay Naniya Sebiribiri and others a total of 1,200,000 RWF (700,000 RWF for legal fees and 500,000 RWF for case follow-up costs)
  • The security deposit paid by RDB is deemed to cover the costs incurred in the case