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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 dismissed BPR Atlas Mara Plc’s revision for injustice, upheld the appellate judgment, and awarded costs and attorney fees to Nkusi Evariste.
The Supreme Court held that the heirs’ claim was barred by res judicata, because it concerned the same parties, subject matter, and cause as the earlier final judgment.
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.
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.
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