NDIZEYE v TWAGIRAYEZU N’ABANDI.

NDIZEYE v TWAGIRAYEZU N’ABANDI.

The applicant failed to demonstrate any actual dispute arising in the execution of prior judgments, did not engage the respondents or bailiff in any negotiation or disagreement prior to filing, and improperly introduced new claims regarding rental income and compensation after the pre-trial conference. The court...

Source-derived case information.

Citation
RC 00007/2020/CA
Parties
Applicant: Ndizeye Alphonse; Respondent: Twagirayezu Alexis; Respondent: Twagirayezu Vanessa; Respondent: Uwitije Rumena Janvier
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
25 September 2021
Case Number
RC 00007/2020/CA
Procedural Posture
Civil / Final Appellate Judgment
Outcome
claim dismissed
Legal Topics
Execution of Judgments, Removal of Structures, Compensation, Legal Representation Fees
Civil Procedure Property Law Execution of Judgments Removal of Structures Compensation Legal Representation Fees

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Parties

Ndizeye Alphonse

Applicant

Twagirayezu Alexis

Respondent

Twagirayezu Vanessa

Respondent

Uwitije Rumena Janvier

Respondent

Procedural Posture

Civil / Final Appellate Judgment

Legal Issues

  1. 1 Whether there are disputes arising in the execution of prior judgments regarding removal of applicant's structures from contested property
  2. 2 Whether the applicant is entitled to compensation or retention of rental income during execution
  3. 3 Whether new claims regarding rental income and compensation can be entertained at this stage

Ratio Decidendi

The applicant failed to demonstrate any actual dispute arising in the execution of prior judgments, did not engage the respondents or bailiff in any negotiation or disagreement prior to filing, and improperly introduced new claims regarding rental income and compensation after the pre-trial conference. The court held that removal of structures means demolition and removal of all materials, and that no compensation or retention of rental income is due. The claim lacks merit and is dismissed.

Court Disposition

claim dismissed

Orders

  • Applicant to pay respondents and bailiff legal representation fees and litigation costs as specified.
  • Applicant to pay Twagirayezu Alexis and Twagirayezu Vanessa jointly 500,000 Frw for legal fees and 100,000 Frw for litigation costs.