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The High Court dismissed Hebert Rubasha’s appeal, holding that a compensation claim after an administrative demolition could not be brought by ex parte application.
The Commercial High Court has jurisdiction to compel an administrative authority to execute its own judgment under article 184 of Law no 22/2018. The claim was properly initiated as an ex parte application. The Vice-Chancellor, as the administrative head, is responsible for ensuring execution of the judgment, and in case of non-compliance, a daily sanction is justified to enforce execution.
Source excerpt
The appeal was lodged within the statutory five-day period as Bucyensenge was notified on 19 August 2014 and appealed on 26 August 2014. The order fixing the auction date is an administrative decision under article 295 and cannot be opposed or appealed as a claim; thus, the first instance court should not have admitted the opposition.
Source excerpt
The Commercial High Court rejected Robert Sussman’s ex parte application for provisional seizure, holding he had to seek such relief within the pending exequatur case.
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