KANAMUGIRE v. KIGALI CITY ET AL

KANAMUGIRE v. KIGALI CITY ET AL

The Mayor of Kigali City is the proper party to be summoned for execution of judgments against the City, and the delay in payment was justified by ongoing negotiations, warranting a two-month extension before enforcement measures.

Citation
RLR V.1 - 2015
Parties
Applicant: Kanamugire Rwaka Laurent; Respondent: Kigali City; Respondent: Ndayisaba Fidèle (Mayor of Kigali City)
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
15 May 2013
Case Number
RADA 0001/13/CS
Procedural Posture
Administrative / Post Judgment Enforcement
Outcome
claim allowed
Legal Topics
Execution of Judgments, Administrative Liability, Expropriation Compensation
Source Language
en
Administrative Law Civil Procedure Execution of Judgments Administrative Liability Expropriation Compensation

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Parties

Kanamugire Rwaka Laurent

Applicant

Kigali City

Respondent

Ndayisaba Fidèle (Mayor of Kigali City)

Respondent

Procedural Posture

Administrative / Post Judgment Enforcement

Legal Issues

  1. 1 Who is the proper party to be sued for failure to execute a court judgment against an administrative institution?
  2. 2 Whether the delay in executing the judgment was justified and if an extension should be granted before imposing penalties.

Ratio Decidendi

The Mayor of Kigali City is the proper party to be summoned for execution of judgments against the City, and the delay in payment was justified by ongoing negotiations, warranting a two-month extension before enforcement measures.

Court Disposition

claim allowed

Orders

  • Kigali City and its Mayor are ordered to execute Supreme Court Judgment RADA 0046/12/CS and pay compensation to Kanamugire not later than 15 December 2013.