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Rwanda decisions
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The High Court found no injustice in refusing to reopen a case about auction notice irregularities because the alleged new evidence had already been litigated.
The Court of Appeal held that it could only review whether there was injustice in the High Commercial Court's refusal to admit the appeal against the refusal to reinstate the dismissed case, not the merits of the underlying auction dispute. Since the only issue previously adjudicated was the non-admissibility of the appeal (because such decisions are not appealable by law), and no injustice occurred in that process, the applicant's claim had no basis. Claims for damages and substantive review of the auction were inadmissible as they were not part of the issues previously litigated.
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The High Court held that the lower courts erred in entertaining and deciding a claim that had already been adjudicated with finality in prior criminal proceedings between the same parties on the same subject matter. The principle of res judicata barred the respondent from re-litigating the same issues by a different procedural route. The applicants' second appeal was therefore allowed, the lower court judgments were set aside, and the respondent was ordered to pay damages for unnecessary litigation.
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The Court of Appeal struck out Karigirwa Félicité’s application to withdraw counsel, holding that appearing without an advocate and without valid reason showed no interest in the case.
The Supreme Court held that Nyarugenge District, having failed to exercise available appeal and review remedies within the prescribed time after obtaining new evidence, was barred by law from seeking review due to injustice. The Court further held that only the surviving spouse, not the succession, could continue the proceedings after the death of the original party. The President's order to register the case did not prevent the bench from examining jurisdiction and admissibility. The respondent was entitled to costs and counsel fees as the applicant's inadmissible claim forced her to incur l…
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The appellant failed to provide evidence that the Ombudsman's letter prevented execution of judgments or that the land was held by others; thus, the appeal lacked merit. The respondent was not entitled to damages as the appellant had a legal right to appeal.
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The Supreme Court upheld the Commercial High Court’s jurisdiction to review its judgment, confirmed a valid pre-auction redemption sale, and limited damages liability to Kayitesi Judith and Mberabagabo Innocent.
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