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Rwanda decisions
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The High Court reinstated a mortgage-related auction and held that a prior unnotarized sale to a third party did not defeat the auction.
The Supreme Court held that Sikubwabo’s request to join his case with a pending Court of Appeal matter was inadmissible because it was filed in the wrong court and at an incompatible procedural stage.
The Supreme Court held that a request to combine a review-for-injustice case with a Court of Appeal case was inadmissible because it was not filed through the proper court.
The Supreme Court held that Kyamazima's claim was not administrative, as the auction was not conducted by an administrator nor based on an administrative decision. The matter arose from a commercial loan contract, thus falling under Commercial Court jurisdiction. The official document authorizing the auction had already been upheld as lawful in a final judgment, precluding its reconsideration. Damages for vexatious litigation were denied as the right to appeal is fundamental, but counsel fees were awarded at the court's discretion.
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