RUSIMBI v. KABERUKA

Third party opposition does not automatically suspend execution of judgment; suspension is only upon court order if requested. The summary procedure judge may order suspension of payment of expropriation fees without prejudicing the merits. Damages and counsel fees are not awarded in summary procedure but with the principal claim.

Citation: RCA 0503/15/HC/KIG
Parties: Appellant: Rusimbi John; Respondent: Kaberuka Victor; Third Party: Kigali City
Court: High Court
Jurisdiction: Rwanda
Judgment Date: 19 January 2016
Case Number: RCA 0503/15/HC/KIG
Procedural Posture: Civil Appeal / High Court Appellate Judgment
Outcome: appeal dismissed
Legal Topics: Third Party Opposition, Execution of Judgment, Summary Procedure, Expropriation Fees
Source Language: en, rw

Civil Procedure Third Party Opposition Execution of Judgment Summary Procedure Expropriation Fees

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Parties

Rusimbi John

Appellant

Kaberuka Victor

Respondent

Kigali City

Third Party

Procedural Posture

Civil Appeal / High Court Appellate Judgment

Legal Issues

1 Whether third party opposition automatically suspends execution of judgment
2 Whether there was urgency justifying suspension of expropriation fees
3 Whether damages and counsel fees are awardable in summary procedure

Ratio Decidendi

Court Disposition

appeal dismissed

Orders

The appeal submitted by Rusimbi John is dismissed as having no merit.
Court fees deposited by Rusimbi John are to be applied as expenses of this judgment.