Gasabo District has announced that it will review the recent ruling by the Gasabo Intermediate Court, which ordered the District to halt its plans to evict the operators of HotelTech.
In a telephone interview, the district’s Mayor, Willy Ndizeye, he told The New Times that the district respects the law “but we are going to review the ruling and see if we can appeal.”
Last Monday, court, presided over by Judge Dativa Yankurije, ordered the District to halt, with immediate effect, its plans to evict HotelTech from the controversial Remera-based premises and to pay Rwf 8, 200 as court fees.
The court’s decision followed an injunction filed by Pascal Ndahiro, the proprietor of the hotel, arguing that the District’s plans will affect his business and cause losses.
The District had given the hotelier only two days to vacate the premises, which he has been operating in since 2006.
The court ruled that any decision by the district must taken after another case in which Ndahiro is demanding the district to pay him over Rwf10 million as damages, is ruled.
The case filed in the same court will be determined in June.
“Of course, we are not above the law; we will respect the court decision. I haven’t seen the ruling to see what the court decided. But we are going to review it; any decision to appeal against the ruling will be decided later; we may or may not appeal,” said Ndizeye.
Ndahiro, however, maintains that he is not against the ruling by Gacaca courts and the commercial court verdict to sell the premises.
“What I am against is to kick me out inappropriately, which might affect my business. The auctioning can go on, but I need to be sure if I will recover the money I invested in this property as I had agreed with my landlord,” Ndahiro noted.
Ndahiro filed a case in the Commercial Court of Nyarugenge seeking to be compensated Rwf76 million, which he claims he used to redevelop the premises, including building a kitchen, toilets and a parking yard.
The controversial land belongs to Theodore Barakengera, a former Director General of Kigali Central Prison, commonly known as 1930, believed to be living in the US.
The Biryogo and Kacyiru Gacaca courts found Barakengera guilty of looting during the Genocide and ruled that his premises be auctioned to compensate the victims.