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Rwanda decisions
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Urukiko rw’Ubujurire rwemeje ko nta buregeke bw’imanza buriho, rushimangira ko ubujurire bwa kabiri butari mu bubasha bwarwo kuko nta gihano cyari cyagenwe.
The Court of Appeal held that the second appeal by Umujyi wa Kigali was inadmissible because the appellant lost in both lower courts on the same legal grounds, specifically regarding the respondent's entitlement to compensation for expropriation. Both lower courts applied the same legal reasoning and found for the respondent, thus Article 52(3) of Law No. 30/2018 barred a second appeal. The court also confirmed the respondent's entitlement to costs and attorney fees at this level.
Source excerpt
The Court of Appeal held that grounds of appeal filed by Nzizera on 06/10/2022 and 07/10/2022 were timely as they were submitted within one month after the judgment copy was uploaded to IECMS. The High Court erred in holding Nzizera's claim inadmissible on the basis of res judicata, as previous judgments did not resolve the substantive issues raised. However, Nzizera failed to provide sufficient evidence to support his substantive claims regarding misappropriation of company funds, and the request for an audit was properly denied as it was not raised at first instance. No party was awarded co…
Source excerpt
The Court of Appeal held that Sebera Edouard could not relitigate a land claim he had previously withdrawn, and it upheld the prior judgment.
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