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Rwanda decisions
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The Court of Appeal held that an application to clarify a judgment cannot be used to raise new matters. It dismissed Ufitikirezi Beatrice’s appeal.
There was no clerical error by the Court of Appeal in the description of Mugiraneza Eric's parentage in judgment No RCAA 00029/2018/CA, as the same information was used throughout all proceedings without objection or request for correction by the applicant or his counsel. Therefore, the application for rectification is unfounded.
Source excerpt
The Supreme Court dismissed Ntagungira Jérôme’s application to interpret its earlier judgment, finding no ambiguity and no basis to alter the merits.
The Court of Appeal held that an appeal was not out of time where delay resulted from correcting a lower-court clerical error, and it upheld the appellant’s property claim.
The High Court dismissed an application to rectify a judgment, holding that omitted claims and parties not heard in the original case could not be added through rectification.
The application was filed outside the statutory one-month period and failed to demonstrate any substantive or clerical error in the judgments that would prevent enforcement; therefore, the application for rectification and clarification was inadmissible.
Source excerpt
The Supreme Court held it had jurisdiction over two appeals because the amount in dispute exceeded the statutory threshold, but rejected a late appeal by applying appeal-time rules.
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