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Rwanda decisions
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The Supreme Court found conflicting final judgments over the same land dispute, set aside the later High Court decision, and upheld the earlier judgment and Abunzi decision.
The Supreme Court held that Tuyishime Samuel lacked standing to seek resolution of conflicting judgments over family property while his mother remained alive.
The Supreme Court held that Tuyishime Samuel lacked standing to challenge conflicting judgments over his late father’s property while the surviving spouse remained alive.
The Court of Appeal lacks jurisdiction to determine disputes over conflicting final judgments; such jurisdiction lies exclusively with the Supreme Court as established in RC 00001/2023/CS.
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The Supreme Court held that a house’s fixtures and fittings are part of immovable property and set aside later conflicting judgments over the same property.
The Supreme Court holds that it has jurisdiction to resolve issues arising from conflicting final judgments, including those involving its own decisions, overruling prior precedent that assigned this jurisdiction to the Court of Appeal. This is necessary to ensure legal certainty and uniformity, especially where the law is silent on the matter.
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The Supreme Court holds that, in the absence of explicit statutory provision, it retains jurisdiction to resolve conflicts between final judgments, including those it previously rendered, as it is the highest court and the source of binding legal guidance. The objection to its jurisdiction is unfounded and dismissed.
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The Court of Appeal dismissed a claim alleging conflicting judgments, holding that two final judgments on the property could be executed without contradiction.
Digest of Court of Appeal precedents from June to August 2023 covering evidence, sentencing, appeals, land, civil procedure, and auctions.
The Court of Appeal held there was no conflicting criminal judgments between RP 1184/13/TB/KCY and RPA 00084/2019/CA, so Mpozayo’s claim failed.
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