KARENZI vs RWABUNEZA N’UNDI

KARENZI vs RWABUNEZA N’UNDI

The urgent application to stay execution filed by Rwabuneza Théoneste was inadmissible because he was not the party who filed the substantive claim (kirego cy’iremezo) that would justify such an application. The lower court erred in admitting and ruling on the application, and its decision must be annulled.

Source-derived case information.

Citation
RCA00034/2023/HC/RWG
Parties
Applicant: Karenzi Jean Bosco; Respondent: Rwabuneza Théoneste; Intervener: Mukamusoni Anastasie
Court
High Court
Jurisdiction
Rwanda
Judgment Date
16 October 2023
Case Number
RCA00034/2023/HC/RWG
Procedural Posture
Civil Appeal / High Court Appellate Judgment
Outcome
Appeal allowed; lower court decision annulled
Legal Topics
Urgent Applications, Stay of Execution, Standing to File Urgent Application, Costs
Source Language
rw
Civil Procedure Urgent Applications Stay of Execution Standing to File Urgent Application Costs

Source-derived case record

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Parties

Karenzi Jean Bosco

Applicant

Rwabuneza Théoneste

Respondent

Mukamusoni Anastasie

Intervener

Procedural Posture

Civil Appeal / High Court Appellate Judgment

  1. 1 Whether Rwabuneza Théoneste had standing to file an urgent application to stay execution of judgment RCA00045/2021/TGI/Ngoma
  2. 2 Whether the urgent application filed by Rwabuneza Théoneste should have been admitted and considered by the lower court
  3. 3 Whether Karenzi Jean Bosco and Rwabuneza Théoneste are entitled to costs and attorney fees

Ratio Decidendi

The urgent application to stay execution filed by Rwabuneza Théoneste was inadmissible because he was not the party who filed the substantive claim (kirego cy’iremezo) that would justify such an application. The lower court erred in admitting and ruling on the application, and its decision must be annulled.

Court Disposition

Appeal allowed; lower court decision annulled

Orders

  • The urgent application filed by Rwabuneza Théoneste is declared inadmissible.
  • The judgment RC00076/2023/TGI/NGOMA of 05/09/2023 is annulled.