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The Supreme Court dismissed Buregeya’s urgent request to stay execution, finding no proven irreparable harm. It also held that costs and lawyer’s fees are not awarded in urgent applications.
The Commercial High Court held that a summary procedure claim cannot decide standing or party joinder where that would prejudice the main suit, and it provisionally suspended execution of a house guaranty.
The Supreme Court granted an urgent application to stay execution of a commercial judgment pending appeal, and held that damages and costs must be claimed with the main case.
The appeal lacked merit because the urgent application met the legal criteria for urgency: GMK ARCHITECTURE Ltd faced a real risk of losing the only available asset for recovery if Rwanda Housing Authority paid ALBERT SUPPLY RWANDA Ltd before the main claim was decided. The court confirmed that urgent applications are not to be decided based on the merits of the main claim, and contractual dispute resolution mechanisms do not bar urgent interim relief when risk of irreparable harm is shown.
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