[2014] AfCHPR 45

[2014] AfCHPR 45

The Court determined that, pursuant to Rule 58 of the Rules of Court, the Applicant's notice of discontinuance was sufficient to strike the matter off the Cause List, as the Respondent State had not taken any measures to proceed with the case at the time of the notice. Therefore, the Respondent's consent was not required, and the Application was struck out accordingly.

Citation
[2014] AfCHPR 45
Parties
Applicant: Chrysanthe Rutabingwa; Respondent: The Republic of Rwanda
Court
African Court on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
10 May 2014
Case Number
Application No. 003/2013
Procedural Posture
Human Rights Application / Order Striking Out
Outcome
Application struck out from the Cause List due to Applicant's discontinuance.
Judges
Aba J, Akuffo P, Eno R, Guissè J, Kioko J, Ngoepe VP, Niyungeko J, Orė J, Ouguergouz J, Ramadhani J, Tambala J, Thompson J
Legal Topics
Public Service Dismissal, Constitutional Rights Violation, Procedural Discontinuance
Source Language
English
Administrative Law Public Service Dismissal Constitutional Rights Violation Procedural Discontinuance

Case Brief

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Parties

Chrysanthe Rutabingwa

Applicant

The Republic of Rwanda

Respondent

Procedural Posture

Human Rights Application / Order Striking Out

Legal Issues

  1. 1 Whether the Applicant's discontinuance of the case requires the Respondent State's consent under Rule 58 of the Rules of Court.
  2. 2 Whether the matter should be struck out from the Court's Cause List following the Applicant's request for discontinuance.

Ratio Decidendi

The Court determined that, pursuant to Rule 58 of the Rules of Court, the Applicant's notice of discontinuance was sufficient to strike the matter off the Cause List, as the Respondent State had not taken any measures to proceed with the case at the time of the notice. Therefore, the Respondent's consent was not required, and the Application was struck out accordingly.

Court Disposition

Application struck out from the Cause List due to Applicant's discontinuance.

Orders

  • The matter is hereby struck out from the Cause List of the Court.