GAKWAYA v. MICHEL CAMPION

GAKWAYA v. MICHEL CAMPION

The Supreme Court held that the auction was ordered by the Registrar General to recover a bank debt and was unrelated to the merits case under review between the parties. Therefore, the urgent application to halt the auction had no legal basis.

Citation
RCOM 0004/15/CS
Parties
Applicant: GAKWAYA Emmanuel; Respondent: Michel CAMPION
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
24 July 2015
Case Number
RCOM 0004/15/CS
Procedural Posture
Commercial / Supreme Court Judgment on Urgent Application to Halt Auction Pending Review
Outcome
Application dismissed
Legal Topics
Urgent Applications, Stay of Execution, Auction of Property, Contract Enforcement
Source Language
rw, en
Civil Procedure Commercial Law Urgent Applications Stay of Execution Auction of Property Contract Enforcement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

GAKWAYA Emmanuel

Applicant

Michel CAMPION

Respondent

Procedural Posture

Commercial / Supreme Court Judgment on Urgent Application to Halt Auction Pending Review

Legal Issues

  1. 1 Whether an urgent application can halt an auction ordered by the Registrar General when the auction is unrelated to the merits case under review

Ratio Decidendi

The Supreme Court held that the auction was ordered by the Registrar General to recover a bank debt and was unrelated to the merits case under review between the parties. Therefore, the urgent application to halt the auction had no legal basis.

Court Disposition

Application dismissed

Orders

  • The urgent application to halt the auction of Hotel Ibis is dismissed as unfounded.
  • GAKWAYA Emmanuel is ordered to pay court costs of 100,000 Rwandan francs.