Rwanda Case Law

IMIRONGO CoA - Ukuboza 2023 - Booklet#13 Final

Court

Court of Appeal

Cases at different procedural levels cannot be joined for joint hearing; if joined, the resulting judgment is void and matters revert to their prior state. Land title is conclusive evidence of ownership unless the challenger provides indisputable proof. Guilty plea is mitigating only if made unequivocally before close of first instance trial. Appeal grounds must be timely unless jurisdictional. Drug offences are distinguished by quantity and intent. Recusal must be based on personal relationship or interest. Second appeal on non-existent law requires actual reliance on such law. Courts may re…

Source excerpt

• Joinder of cases
• Land title annulment
• Child support after divorce
• Plea of guilty and mitigation
• Appeal time limits
• Drug offences

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Bureau social v. Batesi

Court

Court of Appeal

Case number

RCA 00005/2022/CA

The Court of Appeal upheld a stay of execution that kept third-party purchasers in a house pending the main case, finding urgency and irreparable harm were shown.

• Urgent applications
• Stay of execution
• Joinder of cases
• Compensation for loss
• Rights of third-party purchasers
• Stay-of-execution

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SIKUBWABO v RWANDA DEVELOPMENT BOARD (RDB) N’ABANDI (ADD 2)

Court

Supreme Court

Case number

RS/INJUST/RCOM 00007/2021/SC

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.

• Joinder of cases
• Powers of courts
• Auction of mortgaged property
• Review for injustice
• Limitation periods
• Joinder-of-cases

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UDAHEMUKA v. KIGALI CITY

Court

Supreme Court

Case number

RADA 0036/11/CS

The Supreme Court held that forced or voluntary intervention is admissible only if connected to the main claim and not likely to delay the proceedings.

• Intervention of third parties
• Admissibility of intervention
• Land ownership dispute
• Compensation for expropriation
• Joinder of cases
• Third-party-intervention

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KIGALI CITY ET AL v. KARIMBA

Court

Supreme Court

Case number

RDAA 0040/11/CS – RADAA 0058/12/CS

The Supreme Court held that calling an appeal an “opposition” was a correctable form irregularity, not a fatal defect, and overruled the inadmissibility objection.

• Irregularities in procedural acts
• Appeal vs. opposition
• Nullity of procedural acts
• Joinder of cases
• Administrative-law
• Civil-procedure

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UMUJYI WA KIGALI N’ABANDI v. KARIMBA

Court

Supreme Court

Case number

RDAA 0040/11/CS

The Supreme Court dismissed a preliminary objection, holding that confusing appeal and review in the notice was a correctable drafting error, not fatal to admissibility.

• Appeal procedure
• Procedural defects
• Correction of pleadings
• Standing
• Joinder of cases
• Appeal-procedure

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ACCESS BANK Ltd v. NGARAMBE NA MUGENZI WE; MUCUMBITSI v. ACCESS BANK Ltd

Court

Supreme Court

Case number

RCAA 0088/11/CS & RCA 0179/12/HC/KIG

The Supreme Court upheld the auction of a mortgaged house, joined related appeals, and awarded damages and fees to Dr Mucumbitsi Joseph against Ngarambe Emmanuel.

• Mortgage validity
• Auction procedure
• Damages
• Joinder of cases
• Registration of security interests
• Civil-procedure

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ACCESS BANK Ltd v. NGARAMBE ET AVL; MUCUMBITSI v. ACCESS BANK Ltd

Court

Supreme Court

Case number

RCAA 0088/11/CS & RCA 0179/12/HC/KIG

The Supreme Court joined two related appeals over a mortgaged house, upheld the auction, found the High Court ruled ultra petita, and awarded damages to the purchaser.

• Mortgage validity
• Public auction procedure
• Joinder of cases
• Damages for loss of rent
• Ultra petita rulings
• Mortgage-validity

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