SIKUBWABO v RWANDA DEVELOPMENT BOARD ET AL (ADD2)

SIKUBWABO v RWANDA DEVELOPMENT BOARD ET AL (ADD2)

The application to combine the Supreme Court case with the pending Court of Appeal case is inadmissible because it was not submitted to the lower court as required by law. Furthermore, cases under review for injustice (final judgments) cannot be combined with cases under ordinary procedure. The correct procedure is for the lower court to transfer the case if combination is sought, and courts seized under ordinary procedure must stay proceedings pending the outcome of review for injustice.

Citation
RLR V.3-2023
Parties
Applicant: Sikubwabo Raphaël; Respondent: Rwanda Development Board (RDB); Respondent: Bank of Africa; Intervenor: Murego Paulin; Intervenor: Umugiraneza Jean Michel
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
15 July 2022
Case Number
RS/INJUST/RCOM 00007/2021/SC
Procedural Posture
Commercial Procedure Supreme Court Review for Injustice / Application for Combination of Cases and Review of Lower Court Judgments
Outcome
Application for combination of cases is inadmissible; hearing of the main case to be resumed.
Legal Topics
Jurisdiction of Courts, Connexity of Cases, Lis Pendens, Review for Injustice, Auction of Mortgaged Property
Source Language
en
Commercial Law Civil Procedure Jurisdiction of Courts Connexity of Cases Lis Pendens Review for Injustice Auction of Mortgaged Property

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Parties

Sikubwabo Raphaël

Applicant

Rwanda Development Board (RDB)

Respondent

Bank of Africa

Respondent

Murego Paulin

Intervenor

Umugiraneza Jean Michel

Intervenor

Procedural Posture

Commercial Procedure Supreme Court Review for Injustice / Application for Combination of Cases and Review of Lower Court Judgments

Legal Issues

  1. 1 Whether the application to combine Supreme Court case RS/INJUST/RCOM 00007/2021/SC with Court of Appeal case RCOMAA 00024/2022/CA is admissible and in accordance with the law
  2. 2 Whether cases under review for injustice can be combined with cases under ordinary procedure

Ratio Decidendi

The application to combine the Supreme Court case with the pending Court of Appeal case is inadmissible because it was not submitted to the lower court as required by law. Furthermore, cases under review for injustice (final judgments) cannot be combined with cases under ordinary procedure. The correct procedure is for the lower court to transfer the case if combination is sought, and courts seized under ordinary procedure must stay proceedings pending the outcome of review for injustice.

Court Disposition

Application for combination of cases is inadmissible; hearing of the main case to be resumed.

Orders

  • Application by Sikubwabo Raphaël to combine cases is inadmissible for not following legal procedure.
  • Hearing of the main case will be resumed on a date to be notified by the Court’s Registry.