Rwanda Case Law

Re BUCYESENGE MENDE

Court

Supreme Court

Case number

RS/INCONST/SPEC00006/2023/SC

Paragraph 4 of Article 161 of Law No 22/2018 does not violate Articles 15, 29(1)(c), or 34 of the Constitution. The limitation on third-party opposition to judgments of the Court of Appeal and Supreme Court is justified by the need for finality in litigation, applies equally to all, and does not deprive individuals of access to justice or property rights, as alternative remedies exist.

Source excerpt

• Equality before the law
• Access to justice
• Property rights
• Finality of judgments
• Extraordinary remedies

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SACCO IFUMBA Y’UBUKIRE v. UWIMANA N’ABANDI

Court

Supreme Court

Case number

RS/INJUST/ RCOM 00009/2022/SC

The applicant failed to demonstrate an extraordinary and compelling reason for non-attendance at the hearing, as the medical certificate was not timely submitted and was contradicted by evidence of the counsel's activity in other cases on the same day. The Commercial High Court was correct in refusing to revive the case. As the principal claim fails, ancillary claims for damages and costs are also dismissed.

Source excerpt

• Setting aside judgments
• Loan agreements
• Guarantor liability
• Medical certificates as evidence
• Extraordinary remedies

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NYIRANSABIMANA v UWINEZA N’ABANDI

Court

High Court

Case number

RS/REV/RC00001/2023/HC/MUS

The High Court held that tierce opposition was inadmissible against a judgment rendered on review for injustice, and awarded costs to Uwineza Jacqueline.

• Tierce opposition
• Res judicata
• Division of matrimonial property
• Extraordinary remedies
• Tierce-opposition
• Civil-procedure

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AGATABO GASOBANURA IMIBURANISHIRIZE Y'IMANZA Z'AKARENGANE 2022

Court

Supreme Court

Supreme Court guidance on reviewing final judgments for injustice in Rwanda, explaining grounds, parties, procedure, and 30-day filing rules.

• Review of judgments for injustice
• Extraordinary remedies
• Finality of judgments
• Procedural rights of parties
• Grounds for reopening cases
• Review-of-judgments-for-injustice

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GIHANA v RWABUHIHI N’UNDI

Court

High Court

Case number

RS/INJUST/RC 00003/2023/HC/KIG

The High Court held that a judgment rendered on extraordinary review for injustice is final and cannot be challenged by tierce opposition or any other means of appeal or review. The applicant's claim was therefore inadmissible.

Source excerpt

• Res judicata
• Extraordinary remedies
• Tierce opposition
• Finality of judgments

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KHALID v. AHMED ET AL

Court

Supreme Court

Case number

RC 0002/09/CS

The Supreme Court of Rwanda held that tierce opposition is not admissible against its final judgments, and dismissed Khalid Foz’s application.

• Tierce opposition
• Finality of supreme court judgments
• Extraordinary remedies
• Jurisdiction of supreme court
• Tierce-opposition
• Supreme-court-finality

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KHALID v. AHMED N’ABANDI

Court

Supreme Court

Case number

RC 0002/09/CS

The Supreme Court of Rwanda rejected a third party opposition against its own final judgment, holding that such an extraordinary remedy is barred by law.

• Third party opposition
• Supreme court jurisdiction
• Extraordinary remedies
• Admissibility of claims
• Third-party-opposition
• Supreme-court-jurisdiction

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