10. The Applicant states that since 25 March 2008, the vehicle was parked at
Nyarenambu Police Station, thus relieving ATRACO of its responsibility for
the vehicle. Even so, according to the Applicant, the question arises as to
who is responsible for the poor condition of the vehicle, as no inspection
was carried out on the vehicle when
ATRACO
seized
it and when
it was
transferred to the police station.
11. The Court of First instance delivered judgment No. RC0025/08/TGI/NYGE,
stating
that
possession
ATRACO
could
not
return
and therefore should
a vehicle
which
was
not pay for the damage
not
caused
in its
to that
vehicle.
12.On 5 October 2009, the Applicant filed an appeal with the Supreme Court,
being
Appeal
No.
RCA0028/09/HC/KIG,
sought to intervene.
in which
the Attorney
Nevertheless, the Attorney General's
General
application to
intervene was dismissed on the ground that he was a third party in the case.
13.The
Applicant
filed
Attorney General,
application
No.
RADO115/09/HC/KID
claiming that the police had confiscated
order to force him to pay a fine to ATRACO.
against
the
his minibus in
On 7 October 2011, the court
dismissed the application for lack of merit.
14.0n 4 November 2011, the Applicant filed an appeal for review before the
Supreme
Articles
Court,
182
Commercial
basing
his appeal
and
184
of Law
and
Administrative
No.
on the violation
18/2004
Procedures
of 20
in
of the provisions
of
June
2004
on
Civil,
Rwanda.
The
Supreme
Court, by decision No. RC0063/12/PRE of 15 October 2012, dismissed the
appeal.