Wakilii

Rutabingwa v Rwanda (Order) (Application 3 of 2013)

African Court on Human and Peoples' Rights · [2013] AfCHPR 44 · 2013 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 following applicant's notice of discontinuance

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. The applicant notified the Court of his intention not to proceed after reaching an arrangement with the respondent state. At the time of the applicant's notice, the respondent had not yet taken measures to proceed with the case, therefore the respondent's consent to discontinuance was not required under Rule 58.

Outcome

Application struck out following applicant's notice of discontinuance

Facts

The applicant was recruited by Rwanda in 1999 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 violation of Articles 10 and 11 of the Rwandan Constitution. The Registry served the respondent on 23 December 2013. The respondent requested an extension of time to respond, which was granted. On 21 April 2014, before the respondent filed its response, the applicant informed the Court that he had met with the respondent's representative and had no interest in pursuing the matter, requesting the Court to end it.

Issues

  1. Whether the Court should strike out the application from its cause list following the applicant's notice of discontinuance before the respondent state had 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 — Notice of Discontinuance Before Respondent Takes Measures to Proceed
Where an applicant notifies the Registrar of intention not to proceed with a case before the respondent state has taken measures to proceed with the case, the Court shall strike the application off the cause list without requiring the respondent's consent.

Full judgment

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

Rutabingwa v Rwanda (Order) (Application 3 of 2013) [2013] AfCHPR 44 (1 January 2013)
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.