KOBIL PETROLEUM RWANDA v. MILIMO GASPARD

KOBIL PETROLEUM RWANDA v. MILIMO GASPARD

The Supreme Court held that the question of whether the revision application was appealable should be left to the judge handling the merits, and that freezing Kobil's accounts could cause irreparable harm to its business, justifying a stay of execution until the main case is decided.

Citation
RCOMA 0010/11/CS
Parties
Applicant: KOBIL PETROLEUM RWANDA; Respondent: Milimo Gaspard
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
18 November 2011
Case Number
RCOMA 0010/11/CS
Procedural Posture
Commercial Appeal / Interlocutory Application for Stay of Execution
Outcome
application allowed
Legal Topics
Urgent Applications, Stay of Execution, Revision of Judgment, Enforcement of Judgments
Source Language
rw, en
Civil Procedure Commercial Law Urgent Applications Stay of Execution Revision of Judgment Enforcement of Judgments

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 5 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

KOBIL PETROLEUM RWANDA

Applicant

Milimo Gaspard

Respondent

Procedural Posture

Commercial Appeal / Interlocutory Application for Stay of Execution

Legal Issues

  1. 1 Whether the urgent application for stay of execution should be admitted given the procedural history and pending revision application
  2. 2 Whether the stay of execution is justified due to potential irreparable harm to the applicant

Ratio Decidendi

The Supreme Court held that the question of whether the revision application was appealable should be left to the judge handling the merits, and that freezing Kobil's accounts could cause irreparable harm to its business, justifying a stay of execution until the main case is decided.

Court Disposition

application allowed

Orders

  • The urgent application by Kobil Petroleum Rwanda is admitted.
  • Execution of judgment No. RCOM 0103/09/HCC is stayed until the main case is decided.