Caf Isonga v. Kabundi

Caf Isonga v. Kabundi

The summary procedure was inadmissible because the provisional seizure requested was not related to the principal suit pending before the Supreme Court, violating Article 316 of the procedural law.

Citation
RCOM 0006/13/CS
Parties
Applicant: CAF ISONGA; Respondent: KABUNDI Joseph
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
1 October 2013
Case Number
RCOM 0006/13/CS
Procedural Posture
Summary Procedure Application in Appeal / Supreme Court, Pre Hearing Interlocutory
Outcome
summary procedure declared inadmissible
Legal Topics
Summary Procedure, Provisional Seizure, Court Competence, Principal Suit Requirement
Source Language
en, rw
Civil Procedure Commercial Law Summary Procedure Provisional Seizure Court Competence Principal Suit Requirement

Case Brief

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Parties

CAF ISONGA

Applicant

KABUNDI Joseph

Respondent

Procedural Posture

Summary Procedure Application in Appeal / Supreme Court, Pre Hearing Interlocutory

Legal Issues

  1. 1 Whether the summary procedure for provisional seizure is admissible before the Supreme Court and linked to the principal suit

Ratio Decidendi

The summary procedure was inadmissible because the provisional seizure requested was not related to the principal suit pending before the Supreme Court, violating Article 316 of the procedural law.

Court Disposition

summary procedure declared inadmissible

Orders

  • summary procedure submitted by CAF ISONGA is declared inadmissible because it is in contradiction with the law