CELA COMPANY LTD v PHILIPP COTTON

CELA COMPANY LTD v PHILIPP COTTON

The Commercial High Court has jurisdiction to compel an administrative authority to execute its own judgment under article 184 of Law no 22/2018. The claim was properly initiated as an ex parte application. The Vice-Chancellor, as the administrative head, is responsible for ensuring execution of the judgment, and in...

Source-derived case information.

Citation
RLR V.1-2022
Parties
Applicant: CELA Company Ltd; Respondent: Philip Cotton
Court
High Court
Jurisdiction
Rwanda
Judgment Date
10 October 2019
Case Number
RCOM 00014/2019/HCC
Procedural Posture
Commercial Enforcement / Judgment
Outcome
claim allowed
Legal Topics
Execution of Judgments, Jurisdiction of Commercial Courts, Sanctions for Non Compliance, Ex Parte Applications
Source Language
en
Commercial Law Civil Procedure Administrative Law Execution of Judgments Jurisdiction of Commercial Courts Sanctions for Non Compliance Ex Parte Applications

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Parties

CELA Company Ltd

Applicant

Philip Cotton

Respondent

Procedural Posture

Commercial Enforcement / Judgment

Legal Issues

  1. 1 Whether the Commercial High Court has jurisdiction to compel an administrative authority to execute its judgment
  2. 2 Whether the claim was properly initiated as an ex parte application
  3. 3 Whether the Vice-Chancellor can be compelled to ensure payment of the judgment debt and sanctioned for non-compliance

Ratio Decidendi

The Commercial High Court has jurisdiction to compel an administrative authority to execute its own judgment under article 184 of Law no 22/2018. The claim was properly initiated as an ex parte application. The Vice-Chancellor, as the administrative head, is responsible for ensuring execution of the judgment, and in case of non-compliance, a daily sanction is justified to enforce execution.

Court Disposition

claim allowed

Orders

  • Philip Cotton, as Vice-Chancellor of University of Rwanda, must ensure payment of 54,915,000 Frw to CELA Company Ltd by 10/06/2019.
  • If payment is not made by the deadline, Philip Cotton is to pay a daily sanction of 250,000 Frw until full execution of the judgment.