I.
THE PARTIES
1.
Fidéle Mulindahabi (hereinafter referred to as “the Applicant”), is a national
of the
Republic
of Rwanda,
residing
in Kigali,
an
owner
of vehicle
no.
PAA0162.
2.
The Application is filed against the Republic of Rwanda (hereinafter referred
to as the “Respondent State”) which became a party to the African Charter
on Human and Peoples' Rights (hereinafter referred to as "the Charter") on
21 October 1986 and to the Protocol on 25 May 2004. It also deposited on
22 January
Protocol
by
2013, the Declaration
which
it accepted
provided for under Article 34(6) of the
the jurisdiction
of the
Court
to
receive
applications from individuals and Non-Governmental Organisations.
On 29
February
of the
2016,
the
Respondent
State
notified
the
Chairperson
African Union Commission of its intention to withdraw the said Declaration.
The
African
withdrawal
Union
Commission
on 3 March
2016.
transmitted
to the
By a ruling dated
Court,
3 June
the
notice
2016,
of
the Court
decided that the withdrawal by the Respondent State would take effect from
1 March 2017.1
Il.
SUBJECT OF THE APPLICATION
A.
Facts of the matter
3.
The Applicant alleges that on 3 March 2013, his vehicle No. PAAO162 was
involved
in a traffic accident with a Toyota Carina ERAB620A
CORAR
Insurance
Company,
which
was
found
to
be
insured by
at fault for the
accident.
+See Ingabire Victoire Umuhoza v. Republic of Rwanda (jurisdiction) (2016) 1 AfCLR 540 § 67.
2