Wakilii

Chrysanthe v Republic of Rwanda (Application No. 003-2013)

African Court on Human and Peoples' Rights · [2014] AfCHPR 45 · 2014 Application Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to the African Court on Human and Peoples' Rights alleging violation of constitutional rights, discontinued by applicant before respondent filed response
Decision
Application struck out at applicant's request before substantive hearing

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court struck out the application from its cause list pursuant to Rule 58 of the Rules of Court after the applicant notified the Registrar of his intention not to proceed. The Court held that where an applicant discontinues before the respondent state has taken any measures to proceed with the case, the respondent's consent is not required for discontinuance.

Outcome

Application struck out at applicant's request before substantive hearing

Facts

Chrysanthe Rutabingwa was recruited by Rwanda in 1999 to work as an Expert in charge of Audit and Evaluation in the Secretariat for Privatization. He was dismissed on 27 February 2001 for allegedly divulging confidential documents. He successfully sued in the Court of First Instance of Kigali and was awarded compensation, but sought reinstatement. On 19 April 2013, he filed an application with the African Court alleging violations of Articles 10 and 11 of the Rwandan Constitution. The Registry served the respondent state on 23 December 2013. Rwanda requested an extension of time to respond, which was granted. On 21 April 2014, before Rwanda filed its response, the applicant informed the Court that he had met with Rwanda's representative and had no interest in pursuing the matter, requesting discontinuance.

Issues

  1. Whether the Court should strike out the application from its cause list following the applicant's notice of discontinuance under Rule 58 of the Rules of Court.
  2. Whether the consent of the respondent state is required where the applicant discontinues before the respondent has taken measures to proceed with the case.

Orders

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

Rules and key headnotes

Civil Procedure — Discontinuance — Applicant's Right to Discontinue Before Respondent Takes Steps
Under Rule 58 of the Rules of Court, where an applicant notifies the Registrar of intention not to proceed with a case, the Court shall strike the application off the cause list; if at the date of receipt of the notice the respondent state has already taken measures to proceed with the case, its consent is required, but where no such measures have been taken, consent is not necessary.

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Chrysanthe v Republic of Rwanda (Application No. 003-2013) [2014] AfCHPR 45 (10 May 2014)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.