RWEMA v. RWANDA DEVELOPMENT BOARD (RDB)

RWEMA v. RWANDA DEVELOPMENT BOARD (RDB)

The appeal lacks merit because the dispute was already adjudicated by competent courts, the arbitration award was final and binding, and the terms of reference did not provide for invalidation of the award if issued after the 30-day period.

Citation
[2016] 4 RLR
Parties
Appellant: Rwema Muhamahoro Pascal; Respondent: Rwanda Development Board (RDB)
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
15 April 2016
Case Number
RADA 0048/13/CS
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Res Judicata, Arbitration Agreement, Terms of Reference, Admissibility of Claims
Source Language
en, rw
Administrative Law Arbitration Law Res Judicata Arbitration Agreement Terms of Reference Admissibility of Claims

Case Brief

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Parties

Rwema Muhamahoro Pascal

Appellant

Rwanda Development Board (RDB)

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the appeal against the arbitration award filed by Rwema Muhamahoro Pascal should have been admitted in the High Court
  2. 2 Whether the arbitration award is invalid due to exceeding the 30-day period specified in the terms of reference
  3. 3 Whether the principle of res judicata bars the claim

Ratio Decidendi

The appeal lacks merit because the dispute was already adjudicated by competent courts, the arbitration award was final and binding, and the terms of reference did not provide for invalidation of the award if issued after the 30-day period.

Court Disposition

appeal dismissed

Orders

  • Claim of Rwema Muhamahoro Pascal has no merit
  • Rulings of the High Court judgment RAD 0091/12/HC/KIG sustained