NGABONZIZA NA MUGENZI WE v. MIRAVUMBA_109794_kn

NGABONZIZA NA MUGENZI WE v. MIRAVUMBA_109794_kn

The Supreme Court held that the stay of execution did not prejudice the determination of the main suit, as the judge did not decide on entitlement to the land documents, and that the appeal lacked merit.

Citation
RADA 0052/13/CS
Parties
Appellant: Ngabonziza Bosco; Appellant: Mugabo Semahore Jules; Respondent: Miravumba Olivier; Interested Party: Ikigo cy’igihugu gishinzwe umutungo kamere mu Rwanda (RNRA)
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
10 January 2014
Case Number
RADA 0052/13/CS
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Interim Measures, Stay of Execution, Land Registration, Urgent Applications
Source Language
rw
Civil Procedure Administrative Law Interim Measures Stay of Execution Land Registration Urgent Applications

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Parties

Ngabonziza Bosco

Appellant

Mugabo Semahore Jules

Appellant

Miravumba Olivier

Respondent

Ikigo cy’igihugu gishinzwe umutungo kamere mu Rwanda (RNRA)

Interested Party

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the stay of execution of judgment RAD 0084/12/HC/KIG should remain in force pending the determination of the main suit RAD 0092/13/KIG

Ratio Decidendi

The Supreme Court held that the stay of execution did not prejudice the determination of the main suit, as the judge did not decide on entitlement to the land documents, and that the appeal lacked merit.

Court Disposition

Appeal dismissed

Orders

  • Ngabonziza Bosco and Mugabo Semahore Jules to jointly pay court costs of 14,200 RWF, recoverable by forced execution if unpaid.