Rwanda Case Law

ABAZUNGURA BA KAREMERA v. RUZINDANA

Court

Supreme Court

Case number

RCOMA 0069/11/CS

The claim against Karemera Boniface (and his heirs) was inadmissible because the property in question belonged to Société Générale des Pétroles (SGP), not to Karemera personally, and thus only the company could be sued regarding its property. The heirs lacked standing to be sued in this matter. The first instance judgment was set aside for lack of standing (absence de qualité).

Source excerpt

• Standing (qualité)
• Corporate representation
• Non-receivability of claims
• Company property vs. personal property

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SETRAPCO Ltd v. BARBARA A. STIEFEL FOUNDATION

Court

Supreme Court

Case number

RCOMA 0153/12/CS

The Supreme Court held that SETRAPCO Ltd’s appeal was inadmissible because the Foundation was sued through people without authority to represent it in court.

• Standing of parties
• Representation of legal entities
• Non-receivability of claims
• Appeal procedure
• Commercial-appeal
• Standing

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SETRAPCO v. BARBARA A. STIEFEL FOUNDATION

Court

Supreme Court

Case number

RCOMA 0153/12/CS

The appeal by SETRAPCO Ltd was not admissible because it sued Barbara A. Stiefel Foundation represented by individuals (Penny Ensley and Stephen Rwamurangwa) who lacked legal authority to represent the Foundation in court. Only Barbara A. Stiefel had such authority. The lack of proper legal standing is a ground for non-receivability and can be raised at any stage, including by the court itself.

Source excerpt

• Standing of parties
• Legal representation
• Non-receivability of claims
• Corporate litigation procedure

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