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The Supreme Court held that an advocate’s mandate is presumed but rebuttable, and quashed earlier judgments after finding no proof that counsel was authorized to represent Ndabamenye Eraste.
The Supreme Court held that an advocate’s mandate is presumed but rebuttable, and quashed prior judgments after finding no proof Counsel Rudakemwa was authorized to represent Ndabamenye Eraste.
The Supreme Court held that an advocate's mandate is presumed but must be proved when doubted, and nullified prior judgments for lack of mandate.
Counsel Rudakemwa Jean Felix was not mandated by Ndabamenye Eraste to represent him; therefore, all acts performed by him in the proceedings are null and void, and the judgments in which he represented Ndabamenye Eraste are quashed, restoring the status quo ante.
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The Supreme Court held that the advocate had not proved a valid mandate to represent Ndabamenye Eraste, so the prior proceedings were null and void.
The Supreme Court held that a company summoned only to give information was not a party to the case, so its shareholder could file a third party opposition.
Only creditors, debtors, members of the Board of Directors or Registrar General are entitled to initiate insolvency proceedings; the Chief Executive Officer of RDB is not included in this list, and the specific law prevails over the general law regarding representation.
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