ROGER MARTYN SHAW N’ABANDI vs KAZINA BALIMBA

ROGER MARTYN SHAW N’ABANDI vs KAZINA BALIMBA

No genuine dispute existed regarding the execution of judgment RCOMAA00035/2024/CA because the applicants failed to identify any ambiguous or contested aspect of the judgment; all issues raised pertained to payment logistics, not to the substance of the judgment. Therefore, the application was baseless and dismissed.

Citation
RS/RECT/RCOM00002/2025/CA
Parties
Applicant: Roger Martyn Shaw N’Abandi; Respondent: Kazina Balimba Joseph; Applicant: Lakeside Ltd; Applicant: Faith Idamange Shaw; Other: Guaranty Trust Bank (Rwanda) Plc; Other: Kayitare Giresse; Other: Rwanda Revenue Authority (RRA)
Court
Court of Appeal
Jurisdiction
Rwanda
Judgment Date
12 September 2025
Case Number
RS/RECT/RCOM00002/2025/CA
Procedural Posture
Civil (commercial) / Post Judgment Dispute (execution Proceedings)
Outcome
application dismissed
Legal Topics
Judgment Execution, Dispute Over Execution, Attorney Fees, Bank Account Attachment, Tax Withholding
Source Language
rw
Civil Procedure Commercial Law Judgment Execution Dispute Over Execution Attorney Fees Bank Account Attachment Tax Withholding

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Parties

Roger Martyn Shaw N’Abandi

Applicant

Kazina Balimba Joseph

Respondent

Lakeside Ltd

Applicant

Faith Idamange Shaw

Applicant

Guaranty Trust Bank (Rwanda) Plc

Other

Kayitare Giresse

Other

Rwanda Revenue Authority (RRA)

Other

Procedural Posture

Civil (commercial) / Post Judgment Dispute (execution Proceedings)

Legal Issues

  1. 1 Whether there existed a genuine dispute arising from the execution of judgment RCOMAA00035/2024/CA
  2. 2 Whether additional attorney fees and court costs were justified

Ratio Decidendi

No genuine dispute existed regarding the execution of judgment RCOMAA00035/2024/CA because the applicants failed to identify any ambiguous or contested aspect of the judgment; all issues raised pertained to payment logistics, not to the substance of the judgment. Therefore, the application was baseless and dismissed.

Court Disposition

application dismissed

Orders

  • No dispute exists in the execution of judgment RCOMAA00035/2024/CA.
  • Roger Martyn Shaw, Faith Idamange Shaw, and Lakeside Ltd are jointly ordered to pay Kazina Balimba Joseph 500,000 Frw as attorney fees.