UDAHEMUKA v. KIGALI CITY

UDAHEMUKA v. KIGALI CITY

The request to force Kashugera Faustin and Kazayirwa François to intervene was denied because their dispute with Yankurije concerns a different plot and is not sufficiently interconnected with the principal claim between Udahemuka and Yankurije; their intervention would delay the main proceedings and does not meet legal requirements for admissibility.

Citation
RADA 0036/11/CS
Parties
Appellant: Udahemuka; Respondent: Kigali City; Appellant/intervenor: Yankurije Peruth; Intervenor/respondent: Nyamwasa Pascal
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
23 May 2014
Case Number
RADA 0036/11/CS
Procedural Posture
Administrative and Civil Appeal / Supreme Court Appellate Review of High Court Judgment
Outcome
Request for forced intervention of Kashugera Faustin and Kazayirwa François denied; hearing to be resumed; court fees suspended.
Legal Topics
Intervention of Third Parties, Admissibility of Intervention, Land Ownership Dispute, Compensation for Expropriation, Joinder of Cases
Source Language
en, rw
Administrative Law Civil Procedure Property Law Intervention of Third Parties Admissibility of Intervention Land Ownership Dispute Compensation for Expropriation Joinder of Cases

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Parties

Udahemuka

Appellant

Kigali City

Respondent

Yankurije Peruth

Appellant/intervenor

Nyamwasa Pascal

Intervenor/respondent

Procedural Posture

Administrative and Civil Appeal / Supreme Court Appellate Review of High Court Judgment

Legal Issues

  1. 1 Whether Kashugera Faustin and Kazayirwa François must be made to intervene in the case as requested by Yankurije
  2. 2 Whether the intervention claims are sufficiently connected to the principal claim to be admissible
  3. 3 Whether the High Court erred in dismissing the intervention requests and in its findings on land ownership and compensation

Ratio Decidendi

The request to force Kashugera Faustin and Kazayirwa François to intervene was denied because their dispute with Yankurije concerns a different plot and is not sufficiently interconnected with the principal claim between Udahemuka and Yankurije; their intervention would delay the main proceedings and does not meet legal requirements for admissibility.

Court Disposition

Request for forced intervention of Kashugera Faustin and Kazayirwa François denied; hearing to be resumed; court fees suspended.

Orders

  • Kashugera Faustin and Kazayirwa François cannot be forced to intervene in this case.
  • The hearing shall be resumed on 02/09/2014.