3 CAF ISONGA Ltd v kabundi (kinyarwanda)

3 CAF ISONGA Ltd v kabundi (kinyarwanda)

The urgent application by CAF ISONGA Ltd was inadmissible because the provisional measure sought (attachment of 2,900,000 Frw) was not connected to the main claim pending before the Supreme Court, but rather to a separate, concluded case. This contravenes Article 316 of Law n° 21/2012, which requires a connection between the urgent application and the main claim.

Citation
RCOM 0006/13/CS
Parties
Applicant: CAF ISONGA Ltd; Respondent: Kabundi Joseph
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
1 October 2013
Case Number
RCOM 0006/13/CS
Procedural Posture
Commercial / Supreme Court Interlocutory Application (urgent Claim)
Outcome
Application dismissed as inadmissible
Legal Topics
Urgent Applications, Provisional Measures, Jurisdiction, Connection Between Main and Urgent Claim
Source Language
rw, en
Civil Procedure Commercial Law Urgent Applications Provisional Measures Jurisdiction Connection Between Main and Urgent Claim

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Parties

CAF ISONGA Ltd

Applicant

Kabundi Joseph

Respondent

Procedural Posture

Commercial / Supreme Court Interlocutory Application (urgent Claim)

Legal Issues

  1. 1 Whether the urgent application by CAF ISONGA Ltd is admissible under Article 316 of Law n° 21/2012

Ratio Decidendi

The urgent application by CAF ISONGA Ltd was inadmissible because the provisional measure sought (attachment of 2,900,000 Frw) was not connected to the main claim pending before the Supreme Court, but rather to a separate, concluded case. This contravenes Article 316 of Law n° 21/2012, which requires a connection between the urgent application and the main claim.

Court Disposition

Application dismissed as inadmissible

Orders

  • The urgent application filed by CAF ISONGA Ltd is not admitted as it does not comply with the law.