WOMEN FOUNDATION MINISTRIES v. RURAL DEVELOPMENT AND ENVIRONMENTAL ORGANIZATION (RDEO)

# WOMEN FOUNDATION MINISTRIES v. RURAL DEVELOPMENT AND ENVIRONMENTAL ORGANIZATION (RDEO)

- Source: Amategeko - Section: Decisions (Judgements) - Date: 2015-09-15 - Case/document no.: RCA0281/15/HC/KIG - Collection: High Court

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WOMEN FOUNDATION MINISTRIES v. RURAL DEVELOPMENT AND ENVIRONMENTAL ORGANIZATION (RDEO) [Rwanda HIGH COURT – RCA0281/15/HC/KIG (Byakatonda, P.J.) September 15, 2015] Civil procedure – Self deprivation of the right to action – self deprivation of the right to action is a self denial of one’s capacity to plead also it is also self deprivation of rights to make a follow up of the claim and acceptance of another party is not necessary – Law N° 21/2012 of 14/06/2012 relating to the civil, commercial, labour and administrative procedure, article 26 . Facts: Rural development and environmental organization (RDEO) filed a claim at the Intermediate Court against Women foundation ministries requesting to be paid the rent fees, renovation, and procedural and counsel fees, and then that Court ordered Women foundation ministries to pay (RDEO). Women foundation ministries states that they already agreed then they make self deprivation of the right to action. Held : There is no reason which can led the Court to deny the request of self deprivation of the right to action in case it is a self denial of one’s capacity to plead also it is also self deprivation of rights to make a follow up of the claim and acceptance of another party is not necessary. Self deprivation is allowed. Statutes and statutory instruments referred to: Law N° 21/2012 of 14/06/2012 relating to the civil, commercial, labour and administrative procedure, article 26. No cases referred to. Judgment I. BRIEF BACKGROUND OF THE CASE [1] The judgment began at intermediate court of Nyarugenge recorded on RC0028/14/TGI/NYGE, RURAL DEVELOPMENT AND ENVIRONMENTAL ORGANIZATION (RDEO) sued WOMEN FOUNDATION MINISTRIES requesting to be paid the rental fees, renovation fees, procedural and counsel fees, the Court ordered WOMEN FOUNDATION MINISTRIES to pay to RURAL DEVELOPMENT ORGANIZATION (RDEO) 27500USD of the lease, 2,453,244Frw of renovating a house and 800,000Frw of procedural and counsel fees.

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[2] Counsel for WOMEN FOUNDATION MINISTRIES argues that they already agreed then they make self deprivation of the right to action. [3] The hearing was conducted in public Women FOUNDATION MINISTRIES represented by Counsel Assoumpta Mukankusi, John Nsengiyumva and Jean de Dieu Mugabo did not appear before the Court. [4] The legal issues to be examined is to determine whether it is necessary to make a self deprivation of the right to action II. ANALYSIS OF THE LEGAL ISSUE [5] Assoumpta MUKANKUSI, the counsel for Women FOUNDATION MINISTRIES states that they already agreed then they make self deprivation of the right to action [6] The Court is finding that as it is provided by article 26 of Law N° 21/2012 of 14/06/2012 relating to the civil, commercial, labour and administrative procedure provides that self deprivation of the right to action is a self denial of one’s capacity to plead. It is also self deprivation of rights to make a follow up of the claim. Acceptance of another party is not necessary, therefore according to the provision of the law mentioned above there is no reason which can led the Court to deny the request of making self deprivation of the right to action, thus they allowed it III. DECISION OF THE COURT [7] It holds to make self deprivation of the right to action for WOMEN FOUNDATION MINISTRIES. [8] It holds that the Court fees deposited in filing a claim are equal to the expenses of the judgment