CASE RPA 0037/11 / HC / MUS
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until the date of the reading of this judgment Rwangano Benimana has not yet submitted
a letter to the High Court showing that he requested assistance of the Prison
Administration and that the latter failed to give effect to his request. Therefore, alleging
that he filed the appeal after the deadline due his absence during the reading of the
judgment is unfounded.
[7] Article 1 of Law n ° 18/2004 of 20/06/2004 on civil, commercial, labor and
administrative procedure as amended and supplemented by Law n ° 09/2006 of
02/03/2006, provides that this Law also governs the procedure of other cases in the
absence of other special rules. Article 94 of that Law n ° 18/2004 of 20/06 / 2004 provides
for some of the reasons for the dismissal of the complaint including the overdue filing of
the complaint, while Article 96 of this Law n ° 18/2004 of 20/06/2004 states that the
reasons for inadmissibility of the complaint must be stated by the court proprio motu if it
is in the public interest, such as filing appeal after the deadline or lack of interest in
litigation. According to the provisions of the foregoing, Rwangano Benimana's appeal to
the High Court under RPA 0037/11 / HC / MUS is not admissible, as it was filed after
the statutory period of appeal.
IV. DECISION OF THE HIGH COURT
[8] Declares and orders that the appeal filed by Rwangano Benimana and recorded under
RPA 0037/11 / HC / MUS is inadmissible as it was filed after the statutory period of
appeal, the merits of the judgment RP 0026/09 / TGI / RBV passed by the Rubavu High
Court on 13/08/2009 are unchanged except in respect of the legal costs to be paid.
[9] Orders Rwangano Benimana to pay seventeen thousand five hundred francs (17,500
Frw) in legal costs, failing which the State can confiscate it from his property.
The case was read in open court on 17/10/2011 by the Musanze High Court, located in
Musanze at its headquarters, composed of Judge Bakuzakundi Athanase, and the
Registrar of the Court. The case was adjourned because the first day notified to the parties
coincided with an urgent working meeting the judge attended in Kigali, another day
coincided with an urgent program relating to the preparation of his trip abroad.
JUDGE
REGISTRAR
Signed
Signed